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EEA FP: To accompany/to join

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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chaoclive
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EEA FP: To accompany/to join

Post by chaoclive » Mon Jun 16, 2014 5:56 pm

Hi again

My partner now has an 'to acc' EEAFP and we planned to enter together in July. However, I've been thinking that I might want to enter the UK a few weeks before him and then have him enter by himself (with me at the airport to collect him) via Heathrow. Would there be any issues with this? I.e. Could the immigration office refuse to let him in as I'm not with him?I would be outside waiting for him; he would also have a copy of my Irish passport and our civil partnership cert.

The reason is that I would like to go back to rent an apartment first before he goes over.

If this is an issue, I can wait for him.

Thanks
CC

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Mon Jun 16, 2014 6:23 pm

SORRY! I posted in the wrong place.

Mod: Is it possible to move to EEA Route section?

Thanks so much
CC

Mrs.mdeben
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Re: EEA FP: To accompany/to join

Post by Mrs.mdeben » Mon Jun 16, 2014 9:25 pm

chaoclive wrote:SORRY! I posted in the wrong place.

Mod: Is it possible to move to EEA Route section?

Thanks so much
CC
Hi chaoclive,

My filipina friend entered UK twice this year without her husband even though it was written on her passport TO ACC xxxx. The immigration officer asked if where is her husband and she said that he is outside waiting for her and if they want to call him they are welcome to do so. She entered last February with her EEAFP then came back to cyprus with me for summer holiday and entered to UK again last May 15 while her husband is outside UK. She never had any problem.

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Tue Jun 17, 2014 1:52 am

Thanks a lot. That is quite helpful! Hope he has the same luck :)

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Tue Jun 17, 2014 11:04 am

Anyone else have ideas about this?
Would welcome any other input! I don't want my civil partner to get to Heathrow and then get turned away at immigration, just because of the 'to acc' on the visa.

Stefan-TR
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Re: EEA FP: To accompany/to join

Post by Stefan-TR » Wed Jun 18, 2014 6:29 pm

chaoclive wrote:I don't want my civil partner to get to Heathrow and then get turned away at immigration, just because of the 'to acc' on the visa.
If he gets to Heathrow, then he will also get into the UK. Even without a visa entry would have to be facilitated at the border for someone who falls under derived freedom of movement.

A while ago we had a thread where someone in the accompany/join situation got refused boarding by an airline: Denied boarding with EEA Family Permit. I don't think that the airline acted correctly in these circumstances, but if they illegally insist not to take you, then there is very little that can be done on the day.

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Wed Jun 18, 2014 6:46 pm

Thanks Stefan! That sounds promising. I have contacts in British Airways in Beijing so it wouldn't be a problem for him to get on the plane itself.

Fingers crossed! :)

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Sun Jun 22, 2014 1:09 pm

Sorry to dredge this up again.

I've been thinking: My civil partner has a valid visa for the Netherlands in his passport and I know he can enter by himself. What if he were to take a flight from Amsterdam to Belfast on Easyjet, do you think that Easyjet would make a fuss if he has a 'to accompany' UK EEA family permit on his passport and I'm not traveling with him? He would have a copy of my passport, our CP cert and proof of a return ticket from Amsterdam to Beijing.

This would save me a lot of hassle but I'm worried about how Easyjet might deal with him.

Thanks
C

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Sun Jun 22, 2014 1:10 pm

PS: I have already emailed Easyjet, but they haven't replied yet :)

Just looking for some experience...

Mrs.mdeben
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Re: EEA FP: To accompany/to join

Post by Mrs.mdeben » Sun Jun 22, 2014 8:43 pm

Hey chaoclive, did you found any helpful answers? I will be travelling alone on wednesday and on my family permit it is also written "to accompany". According to articles, mostly, the only problem will you have is with the airline staffs but in UK, you will not have any problems.

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Mon Jun 23, 2014 4:55 am

No. They haven't replied. I guess they won't want to give this advice by email! I emailed them on Thursday but nothing yet...

If you are close to the airport you might want to go there and check before you go. Unfortunately, I'm in Beijing - it's not so easy to pull up at the Easyjet check-in desk and ask haha.

I guess you could try to find a number from their website and see if they will answer over the phone.

Good luck!
CC

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Mon Jun 23, 2014 10:13 am

As usual: the same b/s:

"Dear C
We cannot comment on the travel documents, we request you to consult with the embassy of the departure and the arrival country as they will be the correct person to answer this. It totally depends upon the airport authority. In case if there is a refusal of carriage you can call our Customer Service Team or you can email us, we will investigate this and let you know.
For more information, please click Travel documents.
We wish you a pleasant day."

from customer.service@easyjet.com

Why is it so hard to get a useful response!!!

el patron
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Re: EEA FP: To accompany/to join

Post by el patron » Mon Jun 23, 2014 10:29 am

If I were you I'd accompany him from Schiphol to Belfast, as it's entirely up to check-in staff and what they are advised if they check with the HO. He will need to have with him evidence that you are in the UK and when you arrived etc. Theoretically as you haven't been in the UK for three months I believe he has the right of entry/residence for the remainder of the 3 month period since you last entered, but that theory doesn't match with the accompany wording unfortunately!

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Mon Jun 23, 2014 1:16 pm

Yeah, I guess that's the best way to deal with it unfortunately. Pity though, as I was going to look for a job before this but I'm not sure what a new employer would say about asking for 2 days off (due to the EZY flight times to AMS) within the first few weeks of employment :oops:

FYI all: This is a copy of a response from Your Europe Advice (not the most useful, but it seems to state that the 'to acc'/'to join' issue is not a big deal as long as evidence can be provided; of course, this doesn't extend to airlines):
"The EU comprises an area in which the free movement of EU nationals is ensured. This freedom of movement is subject to detailed conditions which are set out in Directive 2004/38/EC. You can find out more at the following website:

http://europa.eu/legislation_summaries/ ... 152_en.htm

The rules are for the benefit of a non-EU national who is "joining" or "accompanying" their EU national family member (Article 3).

The Directive does not specify or mandate that a member state should be able to restrict entry to your non-EU family member if he is no longer accompanying, but instead joining you. The rules for restricting entry are limited, and the UK authorities are required to provide your partner an opportunity to prove that he is entitled to the benefit of the free movement provisions of the Directive. This is because the distinction is purely a factual one, and it should not affect his entitlement to enter.

The UK guidance supports this by setting out that this endorsement only provides an "indication" as to whether to require more or less detailed investigation as to how your partner is required to demonstrate further evidence of his entitlement to reside. You can find out more at the following website:

https://www.gov.uk/government/uploads/s ... ction3.pdf

The UK's current guidance similarly does not specify that the EEA family permit is invalid if there is a change where he is joining you. You can find the UK's current guidance at the following website:

https://www.gov.uk/government/publicati ... rmit-eun02

Therefore, you should ensure that your partner has detailed evidence of his relationship and entitlement to enter as your family member.

Again, if you have any further comments or queries, feel free to contact us again.

Your Europe Advice. "

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Tue Jun 24, 2014 4:51 pm

I got a reply from the European Ops Team. They said:

"With regards to your below query, the EEA Family Permit is issued in line with regulation 12 of the Immigration (European Economic Area) Regulations 2006. This regulation states that the purpose of an EEA Family Permit is to allow the non-EEA national family member of an EEA national to accompany or join his/her sponsor in the UK.

Although the wording on the vignette says only “to accompany”, in practice this means “to accompany or join”; the omission is simply due to a lack of space on the vignette and it will not prevent your civil partner from joining you in the UK. This right is enshrined by Article 5 of Directive 2004/38/EC and the UK has fully implemented it into the Regulations as cited above."

I then asked if they were able to provide anything that they can give to Easyjet, they said:
"If your partner has an EEA Family Permit that is valid for travel, you should experience no issues from the carrier. However, if you wish to confirm with them beforehand, you may give them this email inbox address and we will answer any queries they have directly."

Mrs.mdeben
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Re: EEA FP: To accompany/to join

Post by Mrs.mdeben » Tue Jun 24, 2014 9:08 pm

chaoclive wrote:I got a reply from the European Ops Team. They said:

"With regards to your below query, the EEA Family Permit is issued in line with regulation 12 of the Immigration (European Economic Area) Regulations 2006. This regulation states that the purpose of an EEA Family Permit is to allow the non-EEA national family member of an EEA national to accompany or join his/her sponsor in the UK.

Although the wording on the vignette says only “to accompany”, in practice this means “to accompany or join”; the omission is simply due to a lack of space on the vignette and it will not prevent your civil partner from joining you in the UK. This right is enshrined by Article 5 of Directive 2004/38/EC and the UK has fully implemented it into the Regulations as cited above."

I then asked if they were able to provide anything that they can give to Easyjet, they said:
"If your partner has an EEA Family Permit that is valid for travel, you should experience no issues from the carrier. However, if you wish to confirm with them beforehand, you may give them this email inbox address and we will answer any queries they have directly."
Hi, chaoclive. That sounds so good.

When is your spouse be traveling? Im leaving cyprus tomorrow so good luck to me. Any chance you can send me that email you received? nresladyjok@yahoo.com. I just want to use it as a reference in case. And, where did u sent your email?

el patron
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Re: EEA FP: To accompany/to join

Post by el patron » Tue Jun 24, 2014 9:26 pm

Typical double-speak, but good work getting a response! However if the EEA national has been in the UK for more than 3 months and is not a qualified person that could have consequences at UK border control. I don't think Easyjet check-in staff will be expected to look into things that far, especially if presented with the email response you have received. I think border control questioning will be expanded to enable dealing with the 'abuse' of initial right to reside that apparently is occurring.

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Tue Jun 24, 2014 10:02 pm

[/quote]Hi, chaoclive. That sounds so good.

When is your spouse be traveling? Im leaving cyprus tomorrow so good luck to me. Any chance you can send me that email you received? nresladyjok@yahoo.com. I just want to use it as a reference in case. And, where did u sent your email?[/quote]

I've already forwarded the email to you from my Yahoo.co.uk account. I contacted: European Operational Policy Enquiries <EuropeanOperational@homeoffice.gsi.gov.uk>. They usually reply within a day or two.

Good luck on your trip. Make sure you have your marriage cert/copy of your husbands documentation. Also, make sure that he is available to answer the phone and explain what he is doing in the UK.

Don't forget to let us know!

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Tue Jun 24, 2014 10:07 pm

el patron wrote:Typical double-speak, but good work getting a response! However if the EEA national has been in the UK for more than 3 months and is not a qualified person that could have consequences at UK border control. I don't think Easyjet check-in staff will be expected to look into things that far, especially if presented with the email response you have received. I think border control questioning will be expanded to enable dealing with the 'abuse' of initial right to reside that apparently is occurring.
Yeah, that could be an issue for some people, but won't be a problem for me as I'm entering a little less than a month before him. I'm not sure if I will risk it or not at this stage.

He has just booked his tickets to AMS any way and it's quite easy for me to get on an EZY flight anyways (it only costs about 125GBP rtn to AMS from BFS). I'll decide a few days in advance. I'm still interested in seeing how it works out for other ppl. Just worried that something might happen, even if he does show them the email.

Mrs.mdeben
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Re: EEA FP: To accompany/to join

Post by Mrs.mdeben » Thu Jun 26, 2014 2:43 pm

Hey chaoclive.

Im here now in UK. Got no issue from the airport though the IO asked me where is my husband, told them he is waiting outside.

Oh, your spouse dont need to fill up landing permit and your spouse can go to the EU passport holder line and if they ask you to go to non EU passport holder, just tell them that you hold an EEA family permit.

To be honest, thought it will be very strict, but everything was ok.

Thank you xxx

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Thu Jun 26, 2014 3:58 pm

Wow-good news.

Which airline did you take? Were there any problems with getting on the plane? That might be the problem for us! I think there won't be any issues at the border.

Jellybean105
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Re: EEA FP: To accompany/to join

Post by Jellybean105 » Thu Jun 26, 2014 4:07 pm

I don't think it will be a problem. My husband and I visited India and on return we had a huge problem and my seat was not reserved for some reason. I ended up getting another flight the next day.

In the meantime, my husband reached UK and I was worried they wouldn't let him through without me. I thought they might detain him or something until I landed but when he got there they asked him a few questions and he answered honestly and that I'm on the next flight home.

They let him go without a fight :D
Moved to Ireland: Feb 13
UK FP: Granted November 13
Ireland RC: Granted Feb 14
Returned to the UK: Feb 14
Applied for EEA2: 18th March 14
EEA2 Rejected: October 14 (re-submitted docs)
EEA2 Granted: December 14 (valid till 2019!)

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Thu Jun 26, 2014 4:34 pm

Thanks Jellybean - the issue is that we're planning to fly on Easyjet! Apparently they are awful for their understanding of visas...

chaoclive
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Re: EEA FP: To accompany/to join

Post by chaoclive » Thu Jun 26, 2014 6:20 pm

Mrs.mdeben: did you have a return ticket when you got on the plane or entered the UK?

Mrs.mdeben
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Re: EEA FP: To accompany/to join

Post by Mrs.mdeben » Fri Jun 27, 2014 1:34 pm

chaoclive wrote:Mrs.mdeben: did you have a return ticket when you got on the plane or entered the UK?
Hi chaoclive.

The airline I used is Thomas cook. While entering the plane, the staff just looked at me while looking at my EEA FP and then let me through. Thought he will say anything. I was really nervous that time.

Then when I arrived, the IO asked me where is my husband, I said he's outside waiting for me, he told me that on my EEAFP it was written "to accompany" and why I didn't traveled with him, I said according to the rules, it doesn't matter if he is not travelling with me as long as I will join him in UK. He just smiled and said that it is good that I know my rights and that I am ready to answer anything. Also, I didn't have a return ticket, they didn't even asked me what will I do in UK.

Just be honest to them and prove them that you know what you are talking about and you know all your rights.

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