Travel into UK with COA?

waterdweller · Post by **waterdweller** » Sat Aug 24, 2013 3:52 am

Hi, all. I applied for EEA2 unmarried partner in May and haven't heard anything. I am currently in the US (country of citizenship) and am traveling back to the UK in September.

When I received the COA it said to travel and return to the UK you need a EEA family permit however to get a family permit I would need all of my documents that the UKBA still has...

How should i enter when I come back in September? Will it be enough to show my COA? I'm worried about having issues at the border.

The flight I'll be returning on is the 2nd leg of a return flight.

Thank you.

Plum70 · Post by **Plum70** » Sat Aug 24, 2013 4:46 pm

Will your EU partner be in the UK when you return? If so then maybe a good idea to have them meet you at the airport in case the IO needs to speak with them.

However, as you have a CoA confirming your application for a RC, and provided you have proof of the r/ship (e.g. bills, joint tenancy agreement/bank account statements), there should be no problem getting back in. It also helps that you are a non-vsa national and can technically enter the UK w/out the need for prior entry clearance.

waterdweller · Post by **waterdweller** » Sat Aug 24, 2013 5:35 pm

Yes my EU partner will be meeting me at the airport when I return. I do not have any supporting documents with me (as anything we have is with the UKBA and our situation is a bit strange so we don't have a lot of that stuff to begin with).

Would I be able to enter on a tourist visa if the CoA doesn't work? Just worried about getting turned away at the border because the EEA2 hasn't been processed yet or because I don't have proper documentation with me.

Any additional advice would be appreciated.

Plum70 · Post by **Plum70** » Sun Aug 25, 2013 9:44 am

As your partner will be meeting you at the airport, I believe that your passport and CoA should suffice.

You can also ask the IO to contact your partner if s/he isn't entirely happy (though I do not see why they would not be).

mvckyw · Post by **mvckyw** » Sun Sep 15, 2013 7:14 pm

Hi waterdweller,

I am in the same situation as you. I am a non-visa national (so technically I could return to the UK as a tourist for 6 months although I very much would like to avoid that) and I need to travel abroad (Japan) for a few days in October. I am waiting for EEA2 and have a COA with me, I have requested passport back, but most likely applying for EEA Family Permit at UK diplomatic post in Japan is not an option as the FP will not be issued on time. Also UKBA has most of my documents.
My unmarried partner will be waiting for me at UK airport (Heathrow) as I will be travelling alone.

Can you let us know about your experience at the UK border and how you filled in your landing card?

Thanks and good luck!!!

Post by **EUsmileWEallsmile** » Sun Sep 15, 2013 7:58 pm

mvckyw wrote:Hi waterdweller,

I am in the same situation as you. I am a non-visa national (so technically I could return to the UK as a tourist for 6 months although I very much would like to avoid that) and I need to travel abroad (Japan) for a few days in October. I am waiting for EEA2 and have a COA with me, I have requested passport back, but most likely applying for EEA Family Permit at UK diplomatic post in Japan is not an option as the FP will not be issued on time. Also UKBA has most of my documents.
My unmarried partner will be waiting for me at UK airport (Heathrow) as I will be travelling alone.

Can you let us know about your experience at the UK border and how you filled in your landing card?

Thanks and good luck!!!

You need to be a little careful not being a direct family member. It is less simple for you to demonstrate that you are covered by the immigration regulations (EEA). If you were married, it would be much simpler.

mvckyw · Post by **mvckyw** » Sun Sep 15, 2013 8:27 pm

Thanks EUsmileWEallsmile for your answer, very appreciated. Unfortunately I know that if I decide to leave only with COA it could be a bit risky, that is why I asked waterdweller for feedback as waterdweller's situation is the same as mine, and there is no straightforward answer.

I have then two options/questions:
1) Enter as a tourist. What is the downside of doing that? Most likely the RC will be issued before the expiry of my 6 months tourist stay in the UK, but would entering as a tourist affect my EEA2 application?
2) To avoid any risk, I might decide to stay longer in Japan than a few days to apply for an EEA Family Permit at a UK diplomatic post (even if I am not Japanese). As all documents are with UKBA, can I write a letter stating my EEA case reference and enclose a copy of COA to get the FP issued? How can the UKBA expect me to apply for a EEA FP if they hold all my original documents?

Many thanks and sorry for long post!

Post by **EUsmileWEallsmile** » Mon Sep 16, 2013 8:45 pm

If you were to try and enter as a tourist, you might be refused on the basis that you weren't.

Applying for a family permit in Japan would be possible and is not dependent on you being a national there. You can ask for your documentation back along with your passport.

Extended family members rights are not automatic and depend to an extent on national law.

Another option, what is the reason for travel? If it cannot be avoided, you could ask for your application to be treated with priority and for them to issue you residence card now.

mvckyw · Post by **mvckyw** » Tue Sep 17, 2013 3:32 pm

Thanks EUsmileWEallsmile!
I have already asked for my passport and my current Tier 1 - PSW visa (which is unfortunately expiring a couple of weeks before my return into UK from Japan - otherwise I would have used that...), but they have only sent me the passport back (already received). I have read somewhere that they do not send any other document back so I was not surpired to have received the passport only...do you think it is not possible applying for EEA FP in Japan mentioning my case ref. and sending copy of COA? After all the UKBA already has all the supporting documents...

Thanks!

Post by **Jambo** » Tue Sep 17, 2013 4:50 pm

There is no much point apply for EEA Family Permit if you don't have documents to prove the case (as they are with the UKBA in Liverpool).

You should be OK travelling using the CoA and presenting that at the border. The only risk would be if a refusal decision has been made before your return but even with that, you should be allowed entry as you should have in-country appeal rights.

mvckyw · Post by **mvckyw** » Tue Sep 17, 2013 5:45 pm

Thanks Jambo! Indeed that would make sense...if I am a non-visa national (so I should have no issues boarding the plane) and all my documentation is in Liverpool, then the CoA should be fine (I am allowed to stay in the UK, so why should I have issues getting back in?). My questions to you are:
1) In your answer, have you taken into account that I am the unmarried partner of an EEA national (who is a Permanent Resident in UK)? EUsmileWEallsmile was (I believe rightly) saying that, being unmarried partners, this could make my life a bit more difficult at the border than for people with marriage certificate/CP. Have you heard (on this forum) of actual feedbacks of people in my situation?;
2) How should I fill in the landing card, with particular reference to length of stay? I guess it should be "indefinite" or "5 years" as this is what I am appplying for, but I am not at all sure...

As to your (right) concerns in relation to the refusal, even in the worst case scenario (I believe unlikely given the evidence submitted on long co-habitation and durable relationship, much longer than the 2-yrs required) I doubt they will come back to me as the application has been submitted 5 weeks ago and I should travel in one month time...

Thanks again, you guys deserve so much for all your help!

Post by **EUsmileWEallsmile** » Tue Sep 17, 2013 7:40 pm

@ mvckyw, effectively you are not considered to be a family member until your case is decided as far as I can see. If you'd been married, your rights would have been automatic.

How long have you been waiting for?

mvckyw · Post by **mvckyw** » Tue Sep 17, 2013 8:29 pm

Hi EUsmileWEallsmile, EEA2 application submitted 5 weeks ago. I understand your point about automatic rights, but I am a bit confused now because what you say makes perfect sense, but what also Jambo says makes perfect sense.

Post by **Jambo** » Tue Sep 17, 2013 10:26 pm

I believe we are both right.

You have no automatic rights so entry is not guaranteed. However, in practice I believe you should be OK. I don't believe the CoA states on what basis you have applied (it might state they can't confirm your right to work but this doesn't necessarily mean you are not married). If a CoA is presented, the IO will apply discretion and let you enter (even if the right is not an automatic one). I don't recall a similar case reported here. With regards to the landing card, I would just leave that field blank.

You might want to call the immigration office in the airport you return to and ask them for their view.

mvckyw · Post by **mvckyw** » Wed Sep 18, 2013 11:37 am

Hi Jambo, thanks for clarification and for advice! I have just spoken to Heathrow immigration office (where I would leave from and come back to) and I have been told that I should have no issue whatsoever entering with CoA. I have fully explained the situation mentioning that I am unmarried partner currently under Tier1 PSW visa (expired by the time I am back into UK) and that I would need to enter with passport and CoA while my application is considered. As the IO was not very talkative, I did not ask about the landing card, nevertheless this sounds a very good news!
On a second thought you are right that the CoA does not state whether I am married or not, so although my rights are not automatic, I do not see how they could refuse my entry. I will anyway bring with me evidence of the relationship with my partner (I will try to get other originals of the application submitted) and my partner's passport (his PR card is with UK BA) and evidence of his job (payslips) in the UK.
Thanks again to you and EUsmileWEallsmile, you guys are the best!

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Travel into UK with COA?