A warning to people travelling during application process

[spencerand]

I am a US citizen living in the UK with my italian wife. I applied for my 5 year EEA2 permit in July and the two of us went on holiday abroad a few weeks ago.

Before leaving I had a certificate of application and was told over the phone by 2 home office officials and a lawyer that this letter would allow me to travel and get me back in the country.

When I got to the border the immigration official was very nasty about it, and said I needed a letter that SPECIFICALLY said I could travel and that the certificate of application was not enough. I told her that I was told my home office officials that it was okay. She said word of mouth was not good enough and an official document was needed. I pointed at the certificate of application and told her I thought that was what this document did. She shouted at me to stop pointing at her. Really friendly people they have working these borders.

She said she would have to consult a senior official to see if they could let me in. One minute later she came back and said: "Yes I was right, you need an actual document. I'll let you in for two months, but you need to get this resolved before you travel again."

I have a feeling that my certificate of application was good enough, but the point is, try to get it in writing if you can, and if you can't don't travel. It's just not worth the risk.

[SYH]

They always do that when they are wrong

[William Blake]

The bas***ds

[INSIDER]

The IO was within her rights. A certificate of application gives you no immigration status. All it evidences is that you have made an application to the Home Office. Immigration oficers hate lawyers telling them how to run UK border control. The application could in theory be refused. Given you are the spouse of an Italian national probably exercising her treaty rights here, the Immigration Officer's senior officer has probably made a judgment call and considered it was not worth the hassle of refusing you entry. You would in any case have had a right of appeal.

[JAJ]

The IO was within her rights. A certificate of application gives you no immigration status. All it evidences is that you have made an application to the Home Office. Immigration oficers hate lawyers telling them how to run UK border control. The application could in theory be refused. Given you are the spouse of an Italian national probably exercising her treaty rights here, the Immigration Officer's senior officer has probably made a judgment call and considered it was not worth the hassle of refusing you entry. You would in any case have had a right of appeal.

In fact the IO was wrong as the EEA2 is just evidence of the right to live in the U.K. - it is not a conferment of the right in itself.

[INSIDER]

The IO was within her rights. A certificate of application gives you no immigration status. All it evidences is that you have made an application to the Home Office. Immigration oficers hate lawyers telling them how to run UK border control. The application could in theory be refused. Given you are the spouse of an Italian national probably exercising her treaty rights here, the Immigration Officer's senior officer has probably made a judgment call and considered it was not worth the hassle of refusing you entry. You would in any case have had a right of appeal.

In fact the IO was wrong as the EEA2 is just evidence of the right to live in the U.K. - it is not a conferment of the right in itself.

Not sure I understand your point here JAJ.