Returning to the UK with COA for EEA2 but expired EEA:FP

[thk]

Just a quick summary. I'm British, my wife is Moroccan. We currently reside in the UK and entered on an EEA Family Permit as we both previously lived & worked in France for 6 years.

We are in the process of applying for the EEA2 Resident Card and have a Certificate of Application from the UKBA. Her current EEA FP is now expired.

We booked (a long time ago!) a trip to Italy assuming this would all be sorted out by now and she'd have the Resident Card, but that doesn't look likely before we are due to travel.

We requested and received her passport back from the UKBA, but with it there is a letter that states she needs to apply for an EEA FP is she travels outside of the UK and wants to return to the UK - this is clearly impossible as all the documents needed to apply for that are currently with the UKBA for the EEA2 application!!

She has a current Schengen visa from France so there is no problem travelling around Europe.

It was our understanding that she could travel back to the UK on her passport if we have the COA and our marriage certificate. This letter now seems to throw that into doubt and has us worried about going.

Does any one have any experience travelling back to the UK with an expired EEA:FP and a COA for the new application?

Many thanks

Matt

[Jambo]

The issue she would have is not with the UKBA but with the airline. If she can get to the border, she will be allowed to enter. Convincing the airline would be difficult (although not impossible). You might want to have the contact number of the immigration office in the airport you land and try to convince the airline to verify with them. Alternatively, fly to France and cross by land/train/ferry.

[thk]

Thanks. I did speak to the airline and they said as long as the UKBA confirms her right to entry they will allow her to board, but that still leaves it a bit too open for my liking! I don't fancy being stuck in Italy indefinitely (or Europe) with our daughter in the UK.

I'm wondering what the minimum amount of paperwork I can use to apply for another EEA FP is likely to be and see if we can go to France and get another 6 months EEA FP without it affecting our current EEA2 RC application.

[Jambo]

Getting a new EEA FP can take 2-3 weeks. I guess you have better things to do than to hang around waiting for it in Italy.

I suggest you call the immigration office in the UK airport you land. Call them before travelling, explain the situation and ask them to put a note on the system for your wife. I would also ask for the name of the officer you spoke with. Then in Italy, you can ask the airline to call the same office and verify her details. I would advice to get early to the airport.

Getting another EEA FP won't affect the RC application. If you can get to France, just keep on until you get to Calais. You don't need the EEA FP. The HO officers in Calais would let her enter with the CoA (after verifying her case in their system).

[nobodysperfect]

I'm wondering what the minimum amount of paperwork I can use to apply for another EEA FP is likely to be and see if we can go to France and get another 6 months EEA FP without it affecting our current EEA2 RC application.

When the UKBA returns the passports they normally send a letter saying you will have to apply for an EEA FP to re-enter the UK. I fail to understand UKBA`s logic when they are holding all your original documents up to six months and expect you to apply for an EEA FP from outside the UK?

If you coming via Calais, you will be fine to enter on an expired EEA FP based on experience.

[EUsmileWEallsmile]

One thread only please. I've locked the other one now.

[mcru]

Would this be the same if you are travelling outside the EEA and didn't have a shengen visa (say, you went to Turkey or the US for example)? How should entering the UK be any different?

If you were trying to return into Heathrow, is there a central location you can advise of return to the UK in advance and provide passport no and COA details so that when you arrive it is in "the system" somewhere?

Alternatively, are there some airlines that are recommended with this situation compared to others? (for example, british airways v ryanair )

sorry for too many questions...

[Jambo]

Would this be the same if you are travelling outside the EEA and didn't have a shengen visa (say, you went to Turkey or the US for example)? How should entering the UK be any different?

Doesn't make any difference. UK is not part of Schengen. You need a UK visa if you are a visa national.

If you were trying to return into Heathrow, is there a central location you can advise of return to the UK in advance and provide passport no and COA details so that when you arrive it is in "the system" somewhere?

You can call the immigration office in the airport. The issue is not when you arrive but getting on the plane. You are already in system.

Alternatively, are there some airlines that are recommended with this situation compared to others? (for example, british airways v ryanair )

The main issue if that you are dealing with the local ground staff. They might not be directly employed by the airline so this depends on the location you are flying from. Obviously, it would be better to avoid low cost airlines.

[flipper77]

Alternatively, are there some airlines that are recommended with this situation compared to others? (for example, british airways v ryanair )

The main issue if that you are dealing with the local ground staff. They might not be directly employed by the airline so this depends on the location you are flying from. Obviously, it would be better to avoid low cost airlines.

Just wanted to share my experience (further to the above) - I'm a non-visa national, however when travelling on Ryanair, it is a condition of my ticket that I go to the Customer Service desk to have them stamp my boarding card. It doesn't matter that I don't need a visa for any European country either (because of my nationality) - Ryanair treat ALL NON-EU passports the same. I've read similar about other low-cost airlines, though haven't had first-hand experience.

It's never been an issue though, just an additional queue!

[mcru]

You need a UK visa if you are a visa national.

Just to clarify, you do not need one if you have your passport back from UKBA, with a CoA, whilst waiting for residence card, even if your original family permit or visa you entered the UK on has expired. correct?

(apologies for over-checking this!)

[Jambo]

Are you a visa national (holding a nationality that requires a visa to visit the UK) or not?

[mcru]

Yes, visa reqd national married to Irish citizen living in UK.

They have both our passports at the moment (EEA1 and EEA2). If we need to travel it'll presumably be a few months away when EEA1 is completed but we are awaiting EEA2.

[Jambo]

You need a UK visa if you are a visa national.

Just to clarify, you do not need one if you have your passport back from UKBA, with a CoA, whilst waiting for residence card, even if your original family permit or visa you entered the UK on has expired. correct?

(apologies for over-checking this!)

Just to clarify - as you are a visa national, you most likely do require a EEA FP to allow you to board a flight back to the UK. The airline will not allow you to board without one. The CoA / expired FP is normally not enough for them. If you travel by car/train/ferry, that's another story as you will normally meet the Immigration Officer and he/she will allow you to enter based on presenting the CoA (and verifying your details in their system).

BTW - The EEA1 should not take more than a few weeks. If your partner doesn't get it soon, complain.