Leaving the UK to apply for EEA Family Permit

[ethel]

Feel like I spend my life on this site at the moment! Hopefully someone can help me with my query...

I am Australian, and have been living in the UK for coming up 2 years on a Tier 5 YMS visa. My French partner and I recently got married (we have been living together for 8 months) and had been planning on lodging an EEA2 application when my visa expires in March. We had been to see an immigration lawyer who confirmed that there seemed no reason at all why we wouldn't be approved.

HOWEVER

My work regularly requires me to travel, and losing my passport for six months would be a bit of a problem. I have read that you can request it back without too much issue once you've received the CoA, but I am worried about trying to get back into the UK if I have to travel outside, especially if my husband is not with me.

SO

I have been considering leaving the UK when my visa expires, going across to Paris (where our family are) or Brussels (UKBA states very fast processing times) and applying for an EEA Family Permit to re-enter the country. This would mean that when I apply for the EEA2 and then ask for my passport back I will have a valid permit that would allow me to travel.

Through all my searching I haven't found anyone who's done this. I've researched that I can be a visitor in France or Belgium on application, so no need to be technically living there. I cannot find any reason why this wouldn't be approved, but it still makes me hesitant!

So, to sum up, my main queries are:

- Has anyone ever been living in the UK and left at the end of the visa to apply for a family permit and return?

- What are peoples experiences of Paris vs Brussels for applying for a Family Permit?

- What is the actual process when I get to Paris/Brussels - can I just turn up, or do I need to make an appointment booking??



THANK YOU IN ADVANCE!!

[Jambo]

Being a non-visa national, you will have no issue entering the UK with the CoA obtaining Code 1A. There are several stories here about people getting a few Code 1A in a row. You might be checked for a few minutes in the first few attempts but it should go smoothly. I would not invest time or money going abroad to apply for EEA FP. There is also the risk of dealing with ignorant ECO which will refuse the application....

[wiggsy]

(1) Being a non-visa national, you will have no issue entering the UK....
(2) There is also the risk of dealing with ignorant ECO which will refuse the application....

Both excellent points.

1) Once at the border, Article 5 (Right of Entry) means that they cannot turn you away. The airline won't be bothered, because they have no duty to check for entry clearance.

2) There's always one ....

[semisara]

So glad to find this question here as I'm in the same situation.

I'm an American who has been in the UK for 3.5 years (did my MA here) and I've recently married my German boyfriend of 1.5 years. My post-study work visa is up at the end of the month, and I had planned on applying for the EEA2/residence card, but read that the CoA does not give you permission to work in the UK. I've been living here for a while and have a job just like any regular Joe, so it would obviously be difficult for me to lose the right to work (and travel!) for 2+ months while they approve the EEA2.

So an EEA Family Permit would be the logical solution, but this is something that needs to be done outside of the UK. Similar to Ethel, I am planning to take time off of work and go to Berlin to apply. Like the OP, I can't find any information on others doing this, so my questions are:

-Is this a normal thing to do? Will the Border Office think its dodgy that I have a permanent address and a job back in the UK?

-Is this really necessary? Am I missing something about the EEA2? Am I wrong about right to work on the CoA? Is there some other, more reasonable process?

All the questions on the EEA FP online application are geared towards people who do not currently live in the UK, so I'm really confused as to how to fill the whole thing out. I'd like to be away from my husband, my home, my friends and my life for as short of a time as possible, but I also need to keep my job, and therefore my right to work.

Any advice would really be appreciated.. my time is running out and this whole thing is very stressful

[wiggsy]

There is no need for you to get a fp. It will not benefit you in anyway


also. A coa does not give you the right to work in the UK. You are correct.

That right comes from the detective. The home office simply confirm this right on the coa.

[semisara]

I'm a bit confused by your reply, Wiggsy.

I did a bit more research after I posted and found some information about how Border Services can decide to give you the right to work while you wait (and will document it on the CoA), and most of these cases were based on the non-EEA national being a spouse (and therefore exercising EEA rights) as opposed to being in a "durable relationship" (which needs to be proven).

But!! A lot of these also mentioned that it took them a number of weeks to even receive the CoA. As I only have two weeks left on my PSW visa, this is a concern. Considering processing times, would a FP not make more sense? I could then do the EEA2 afterwards.

[wiggsy]

Well.. its tricky... but as ur married to a qualified eea national you dont need a visa. Eea2 is optional.

the coa is sufficient for work. As your married. You are the spouse so the coa will suffice but is not mandatory. Obviously. The coa will be faster than a fp in most cases and far less risky.

[Jambo]

So glad to find this question here as I'm in the same situation.

I'm an American who has been in the UK for 3.5 years (did my MA here) and I've recently married my German boyfriend of 1.5 years. My post-study work visa is up at the end of the month, and I had planned on applying for the EEA2/residence card, but read that the CoA does not give you permission to work in the UK. I've been living here for a while and have a job just like any regular Joe, so it would obviously be difficult for me to lose the right to work (and travel!) for 2+ months while they approve the EEA2.

So an EEA Family Permit would be the logical solution, but this is something that needs to be done outside of the UK. Similar to Ethel, I am planning to take time off of work and go to Berlin to apply. Like the OP, I can't find any information on others doing this, so my questions are:

-Is this a normal thing to do? Will the Border Office think its dodgy that I have a permanent address and a job back in the UK?

-Is this really necessary? Am I missing something about the EEA2? Am I wrong about right to work on the CoA? Is there some other, more reasonable process?

All the questions on the EEA FP online application are geared towards people who do not currently live in the UK, so I'm really confused as to how to fill the whole thing out. I'd like to be away from my husband, my home, my friends and my life for as short of a time as possible, but I also need to keep my job, and therefore my right to work.

Any advice would really be appreciated.. my time is running out and this whole thing is very stressful

Would your employer require to to show proof of eligiblity to work? Do they know your PSW is about to expire? Would they be flexible and understanding while you wait for a decision?

It's a shame you left dealing with this until the very end of your visa.

[semisara]

My employer knows that my visa is about to end, and while very understanding they do require some written document saying I have permission to work in the UK.

It got left this long because we only got married at the beginning of this month.

While laying in bed last night it dawned on me that we cannot apply for EEA2 right now anyway, as my husband will be needing his passport from the end of this week for a business trip outside the EU, from which he'll be returning, coincidentally, the day after my PSW visa expires. Bad timing from start to finish, but I think leaving on a short holiday and getting a FP is the most logical step to take.