Dilema with re-entry to UK

[sg484]

Hello experts, gurus, all,

I am currently in the UK on a 5 yr student visa which expires on 28 Feb 2013. I got married to an Austrian national in Dec 2012 and we've been together for over 2 years (living together for year). I have to leave the country in Feb to attend a wedding in India and plan to come back on 23 Feb 2013. This leaves me just under a week before my student visa expires on the 28th.

I understand that legally I am allowed to enter the country as my student visa is still valid and I am still registered as a student (just finishing my PhD). But I guess the immigration officer would question my motive to come with just 5 days left. I am wondering what is the best reason to give to enter.

1. I am just coming to submit my thesis and return before feb 28 when my visa expires (go back home and apply for a family permit and come back - which is more expensive and a hassle). I understand that this will give me entry and I could change my plan of returning and just apply for the residence card after entry before my student visa expires. I guess this will not affect my RC appliatication.

2. Say that I am married to a EU national and I will be submitting my application for the residence card. But would I be allowed to enter as I have a valid student visa and technically I am still a student until april 13. I am worried that the officer might say that I should be entering with a family permit and not as a student because I am married to an EEA national.

I would appreciate any help.
Cheers

[EUsmileWEallsmile]

If you can get to a border the following will be of interest.

See article 5.4 of directive 2004/38/EC and 11.5 of the immigration regulations.

See also question 1 of this thread

http://www.immigrationboards.com/viewtopic.php?t=114867

[Jambo]

Option 1 is a bad idea. Never conceal your intentions at the border.

Carry your marriage certificate & a copy of your wife's EEA passport and seek entry as a spouse of a EEA national.

[Directive/2004/38/EC]

As the spouse of an EU citizen who is in the UK, you have an almost absolute right to enter. See http://eumovement.wordpress.com/2010/08 ... to-travel/ for the law.

[sg484]

Thank you all very much. Your are doing a great job in this forum! Much appreciated!

As I will be coming back with my wife it should be easier I suppose. Can I request to enter under EU law so I can get the 1A stamp? As my student visa will still be valid so the officer might want to just stamp that instead. I read the case where this was possible.

And would the 1A stamp also mean I can leave the country and enter again with that (given I am traveling with my spouse)?

[Directive/2004/38/EC]

Thank you all very much. Your are doing a great job in this forum! Much appreciated!

As I will be coming back with my wife it should be easier I suppose. Can I request to enter under EU law so I can get the 1A stamp? As my student visa will still be valid so the officer might want to just stamp that instead. I read the case where this was possible.

And would the 1A stamp also mean I can leave the country and enter again with that (given I am traveling with my spouse)?

You are presently (NOW) resident ALSO on the basis of EU law. And even if you do not do anything, when you reenter the UK, you will continue to be resident on the basis of EU law.

[icexxik]

Thank you all very much. Your are doing a great job in this forum! Much appreciated!

As I will be coming back with my wife it should be easier I suppose. Can I request to enter under EU law so I can get the 1A stamp? As my student visa will still be valid so the officer might want to just stamp that instead. I read the case where this was possible.

And would the 1A stamp also mean I can leave the country and enter again with that (given I am traveling with my spouse)?

1A Stamp is not a multiple entries permit. It is a single entry stay leave. It is currently given with 2 months validity (in order to facilitate your application for RC). You can, however, reenter the UK again and receive another 1A stamp. Basically, you have the same rights to free movement as your EEA national spouse. It will be however difficult until you do get your RC. It had also proved difficult to apply for a Schengen visa without RC and with expired British Residency, though not at all impossible.

[icexxik]

Thank you all very much. Your are doing a great job in this forum! Much appreciated!

As I will be coming back with my wife it should be easier I suppose. Can I request to enter under EU law so I can get the 1A stamp? As my student visa will still be valid so the officer might want to just stamp that instead. I read the case where this was possible.

And would the 1A stamp also mean I can leave the country and enter again with that (given I am traveling with my spouse)?

Another point - if you are going to apply for RC, you better do it as soon as you can, as applications take 6 months on average. You can send a photocopy of your passport (certified) and your current leave (certified again) to the UKBA if you need to travel. It has been my experience that UKBA doesn't reject the applications without original passports, but asks for your passport when they need it. Most of the time application just stays on someone's desk in a queue, it takes 1 hour on average for EEA2 to be processed! It takes like 2-3 weeks for it to be scanned into the system even.

Make sure to send original of your wife's ID card (she probably has a passport too, so she can travel) and original marriage certificate though!

[Jambo]

It has been my experience that UKBA doesn't reject the applications without original passports, but asks for your passport when they need it.

Was this experience with Liverpool (EEA application) or Sheffield (BR application)? As far as I know, Liverpool would refuse to accept an application without the original passport of the applicant.

[EUspouse82]

It has been my experience that UKBA doesn't reject the applications without original passports, but asks for your passport when they need it.

Was this experience with Liverpool (EEA application) or Sheffield (BR application)? As far as I know, Liverpool would refuse to accept an application without the original passport of the applicant.

My friend applied in December 2012 to the Liverpool office without his original passport and got his COA in January 2013. However his COA did not confirm his right to work in the UK as he didnt submit his original passport.