Can I apply for EEA4 and keep my passport for work travel.

julianwood · Post by **julianwood** » Sat Aug 17, 2013 4:22 pm

I am able to apply for my EEA4 perm residence card but need to be available to travel internationally for work. Am I able to apply for an EEA4 with a certified copy of my passport but keep my original for travel? I know UKBA suggest you don't do this and I understand I may have issues getting back in the UK but with a COA and reams of documentation I should still be able to enter the UK. I do have two confirmed trips soon and then hopefully a few months without travel when I could submit my passport if I have to but something urgent could come up so I'd rather keep it and either get a residence card on a separate piece of paper like they do for an EEA2 or submit my passport once decided which shouldn't take as long (wishful thinking)!

Post by **EUsmileWEallsmile** » Sat Aug 17, 2013 4:27 pm

It would be better if you applied with your passport and requested return of passport to facilitate travel.

julianwood · Post by **julianwood** » Sat Aug 17, 2013 4:38 pm

Thanks, that would of course be ideal but my 1st trip is in the next 10 days and I would never get my passport back in time. My other complication is my EEA2 has actually expired and so I would like to get my EEA4 application in before leaving the country and hopefully get a COA which would make returning easier.
Should I just travel the two trips now and even take my EEA4 application with me which has all the documentation but only lodge it with my passport when I have a few months of hopefully no travel. My concern there is if a work commitment comes up with little notice I am stuck as it is a lengthy process to get a passport returned.

Post by **EUsmileWEallsmile** » Sat Aug 17, 2013 4:47 pm

What's your nationality? If a visa national, what you propose would be pretty difficult.

julianwood · Post by **julianwood** » Sat Aug 17, 2013 4:57 pm

I'm South African so a visa national.
What will be difficult is 1st of all boarding a flight to the UK with an expired Visa and no new family permit. If I get on the flight, I will need to convince the immigration agent that I am in fact resident in the UK, am married and living with an EEA citizen who is exercising treaty rights. I would think I would need to show marriage certificate, + 5 years P60s for both of us + 5 years tenancy agreement.

Although legally there should be no problem, immigration agents are notorious for making this process as difficult as possible.

facts · Post by **facts** » Sat Aug 17, 2013 5:00 pm

Well, if your RC has already expired then it's best to apply for PR now and later request return of passport. Don't attempt to apply for PR without original passport!

julianwood · Post by **julianwood** » Sat Aug 17, 2013 5:13 pm

OK, so maybe I need to wait, travel twice and argue my way back in and then apply for PR and hope I can manage the work travel.

facts · Post by **facts** » Sat Aug 17, 2013 5:42 pm

julianwood wrote:... travel twice and argue my way back in ...

I must warn you this won't be easy. But good luck if you've already made up your mind.
Are you travelling within EEA?

julianwood · Post by **julianwood** » Sat Aug 17, 2013 5:52 pm

Once to US for a conference and once to EEA for family holiday.

I know its going to be hard but I really can't just not travel for 6 months and both of these trips are at least in my mind unavoidable.

julianwood · Post by **julianwood** » Sat Aug 17, 2013 8:03 pm

I'm also wondering if there's any way to prep the airline in advance so they can do their research to hopefully avoid missing a flight.

Post by **EUsmileWEallsmile** » Sat Aug 17, 2013 8:08 pm

julianwood wrote:I'm South African so a visa national.
What will be difficult is 1st of all boarding a flight to the UK with an expired Visa and no new family permit. If I get on the flight, I will need to convince the immigration agent that I am in fact resident in the UK, am married and living with an EEA citizen who is exercising treaty rights. I would think I would need to show marriage certificate, + 5 years P60s for both of us + 5 years tenancy agreement.

Although legally there should be no problem, immigration agents are notorious for making this process as difficult as possible.

It would be possible for you to re-enter the UK provided you can get to a border. You could demonstrate entitlement there and then. An airline will refuse you travel if you do not hold a visa, entry clearance or residence documentation. You would not be a visa national for Ireland.

julianwood · Post by **julianwood** » Mon Aug 19, 2013 12:37 pm

Have spoken to the airline who say the don't deal with this as the ground agent will check documentation.
I've tried explaining that they may not understand the documentation I would present but couldn't seem to get anywhere.

I then called Heathrow T3 Immigration Office said they are getting stricture and fine airlines that don't check documents correctly. They say airlines can't even call them directly to get information before allowing boarding.

So, not getting anywhere finding out how to get on the plane.

Another option I have is to fly to Paris as I have a Schengen Visa and then go to the Eurostar and enter the UK there as I would then be able to present my case directly to the UKBA in Paris as the border checking is done before getting on the train. It may be a costlier option in terms of flights and times but would get me to the border.

It would be far far simpler flying directly back from the US to OK but I'm stuck as to how to convince the airline to let me board.

I will have marriage certificate, 5 years of P60s from both of us and proof of residency at same address for 5 years.

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Can I apply for EEA4 and keep my passport for work travel.

Can I apply for EEA4 and keep my passport for work travel.