EEA2 and travel abroad issue

[elenita]

Hi,

I wonder if you could help me with this. I sent my EEA2 application together with my partner's EEA1 application last Thursday. However, we sent copies of our passports certified by a notary instead of the originals as we had already planned and paid for our vacation abroad in April.

My visa expires 31st March and my EEA partner and I will fly abroad on 10th April for a week.
I understand that my visa is automatically extended while my application is being processed, although I have no written document that states so.
Can I fly abroad if my visa has expired? Will I have problems to return to the UK? Will a letter from the HO stating that my EEA2 application is in process suffice to enter to the UK upon return of my holidays?

FYI - I am Argentinian and my partner is Spanish. I was granted the unmarried partner visa by the UK Embassy in Argentina and I am now applying to extend it through EEA1 and EEA2 applications.

Thank you for your help!!!

Elena

[Docterror]

Just having the letter that the Home office is processing your EEA2 application is not enough. Applicants who requests passports to travel while their application is being processed are usually asked to obtain a EEA FAMILY PERMIT to enter again, if the original visa in which they first entered has expired.

[elenita]

The thing is we're going abroad for a short-break (long weekend). I'm afraid there won't be enough time to apply for a eea family permits.
Also, I read that in order to apply you should demostrate residence on that country, which is not our case as we're currently living in the UK.

Any workarounds? Is it possible to get the eea family permits before leaving UK?

thanks!!!!!!!!

[Docterror]

I dont think it is possible to obtain the EEA family permit before you leave for your holiday as they are usually issued by the BHCs abroad only. Also I am not so sure that its necessary to show proof of residence for obtaining a EEA family permit which can be confirmed by checking the website of the country you are planning to go on vacation to.

Even though inquiring to the HO may not get you a very reliable response every time, I suggest that you make sure about everything before you leave.

Alternatively, any non-urgent travel plans are best postponed.

[elenita]

Wouldn't it be possible for me to enter the UK as a tourist on my way back from holidays?

I already called the Home Office but they're so unreliable that I decided not to call anymore. They misadvised me THREE TIMES and THREE DIFFERENT PEOPLE by saying that I should apply for an extension on my unmarried partner visa using the FLR(M) form and was given an appointment to do so.

We had our holidays booked long ago and because of their mistake we now don't have enough time to renew my visa and will lose our pre-paid holidays if we can't travel.

This feels so unfair and it's really stressful!

[Docterror]

Sorry to be blunt, but sending the EEA forms in March (assuming you send it this Thursday) with the HO having the right to take a full 6 months to decide the applications while booking the holidays for April doesnt exactly seem to me to be entirely HO's mistake/fault.

Calling the HO is indeed not very reliable and can be frustrating at times. Also I am not so sure that EEA family permits are issued to Unmarried Partners.

I will let someone else comment on whether you can come back as a tourist while your EEA application is being decided.

[elenita]

We would have sent the forms way before if the HO didn't misavise us. I was told to apply using the FLR(M) a month before the visa expires, and that it could be dealt with within the same same by paying a bit extra (500 rather than 350).

Our holidays were booked and paid based on their misadvice.

Is it our fault?

I'm still willing to do whatever it takes to not miss our holidays so if anyone could help on any solution to this issue I will very much appreciate it.

[eso]

home office will take absolutely no responsability in this case .you will simply be ignored on this matter ,you might want to challenge them thru the courts but again ,it wont be anytime soon (read your april date ) before you got an outcome
challenging HO usually result in triggering further hardship ,despite what others may tell you about their way of dealing with complaints ,the core issue here is about timescale
HO is extremely notorious for treating application unfairly ,again despite what other may tell you
their job is primarely to refuse applications ,i am deeply convinced about that !!!
lets just say " you are guilty until proven guilty " kind of technique

[flyboy]

Elenita, just a matter of curiosity - when was your unmarried partner visa issued?

[Docterror]

Flyboy, nice move.. almost like you read my mind. Thanks