EEA2 - Right to Travel - Re-entry to UK

[producerca]

Hi
I am a German national and my husband (New Zealander) has applied for his EEA2 RC as we have just moved back to the UK after 4 years in Berlin. Last time we were in the UK he was there on an ancestry visa even though we have been married for 15 years.
We sent the application in 16 August - they received 17th August and he has done his biometrics. We are both freelance in the TV industry.We requested his passport back as he urgently needs to travel this weekend for a job he was doing in Germany - they need him for a couple days. Passport arrived yesterday. He will leave this evening and re-enter the UK on Monday morning. We have not yet received the COA. What issues could he expect at the border on Monday when he arrives back?
He will need to travel again for another shoot in the USA on Sunday 20th September and is not expected back to the UK until the 17th October by which time we hope the COA has arrived and I can get it to him to use to re-enter.
I am currently a stay at home mum with a 3 month old baby so he needs to work to support us, thus all the travel.
Can anyone advise me if it is a really bad idea for him to leave the UK tonight without the COA and if they could deny him re-entry on Monday. I was thinking as he is a New Zealander and he carries a copy of his biotmetrics letter and copy of our marriage certificate and copy of my passport that it should be ok?
Thanks for any thoughts.

[Casa]

I'll let others with more knowledge on entry without a COA, but one point raises a possible problem. You say that you're a 'stay at home' mum, but my understanding is that in order for your husband to be legally resident and issued with an EEA2 permit, you need to be 'exercising your Treaty rights' in the UK as the EEA sponsor.
Perhaps someone can advise if you will be able to show you are complying with this through self-sufficiency.

[producerca]

I have since 2010 owned a LTD company in the UK that all my projects go through. My company will keep running while I take time off for my baby. I am his sponsor as my company will continue to operate throughout my parental leave.

[producerca]

When we applied I let them know of this "temporary incapacity to work". I will return to full time work next spring.

[mgb]

@producerca
He simply enter the UK on basis of his NZ passport as tourist.

[Casa]

I believe that would be very unwise as he isn't genuinely entering as a tourist and the UKVI system will show that he has an application for an EEA2 residence permit pending. A false declaration would have serious ramifications.

[mgb]

If the case is in the UKVI sysem why should they ask questions at the border?
It is at the descretion of the border officer which stamp he use.

[Casa]

Of course the IO will ask questions as they do with all non-visa nationals entering without prior clearance. As soon as the IO scans the passport the system will flag up the pending EEA2 application. One point we always stress on the forum is never to give a false declaration either written or verbal. In this case it could result not only in being refused entry but also in an EEA rejection and a substantial ban. In addition, as a NZ national they would be required to complete a UK landing card, which again would be on record that they had falsely declared they were entering only with the intention to visit.

[producerca]

Yes I tend to agree that entering as a tourist on NZ passport is not a good idea. We are just hoping that there are no issues when he gets back on Monday.

[Casa]

Yes I tend to agree that entering as a tourist on NZ passport is not a good idea. We are just hoping that there are no issues when he gets back on Monday.

Let's hope someone can give sound advice before he needs to travel. My instinct (only) would be that if as you have mentioned he carries a copy of his biometrics letter, a copy of your marriage certificate + a copy of your passport and you are waiting at the airport when he arrives, it will be OK.

[mgb]

@Casa

Question: What are you doing here in the UK?
Answer: I'm travelling back to my family.

It is at the descretion of the border officer which stamp he use after that.

[Casa]

....and when the IO scans the passport? Where do you think the information from the landing card goes?? The UKVI system is linked to Border entry points and all Home Office departments. Thankfully the OP understands the possible consequences.
By the way...'travelling back to my family' wouldn't be considered as entering as a genuine visitor. The landing card also asks for length of intended stay. Non-visa nationals don't simply sail through UK Border Control. In fact they come under greater scrutiny than someone with pre-entry clearance.

[mgb]

Who sayed anything about landing cards before?
It would not the first case where entry as family member get denied but given on basis on the presented passport.

[Casa]

Who sayed anything about landing cards before?
It would not the first case where entry as family member get denied but given on basis on the presented passport.

In one of my previous posts "In addition, as a NZ national they would be required to complete a UK landing card, which again would be on record that they had falsely declared they were entering only with the intention to visit."
I don't fully understand your last sentence

[mgb]

He has to complete a landing card in any case.
Your imputation is he has to make false statements in the landing to get a tourist stamp.

[noajthan]

Who sayed anything about landing cards before?
It would not the first case where entry as family member get denied but given on basis on the presented passport.

You don't even need to fill in a landing card to leave an immigration footprint in UK.

[noajthan]

I'll let others with more knowledge on entry without a COA, but one point raises a possible problem. You say that you're a 'stay at home' mum, but my understanding is that in order for your husband to be legally resident and issued with an EEA2 permit, you need to be 'exercising your Treaty rights' in the UK as the EEA sponsor.
Perhaps someone can advise if you will be able to show you are complying with this through self-sufficiency.

Workers who are on paid or unpaid maternity leave still have ‘worker’ status, and self-employed EEA nationals who take a maternity period are recognised as still having ‘self-employed’ status

Ref: http://www.airecentre.org/data/files/EE ... r_2013.pdf

EU rules rock don't they.

[mgb]

@casa
Example where entry as family member got denied but given on basis of the passport:
http://www.immigrationboards.com/eea-ro ... 6-260.html

[Casa]

He has to complete a landing card in any case.
Your imputation is he has to make false statements in the landing to get a tourist stamp.

You've lost me now! I'm advising that he shouldn't request a tourist stamp or attempt to enter as a visitor. He's NOT a tourist. I'll say again that the system will show he has an application of an EEA2 residence permit pending and intends to settle in the UK with his EEA wife.

[cafeconleche]

I don't see the problem here. A non-visa national can simply board a flight to the UK and present himself at the border. There, he says he is joining his EEA citizen spouse, and that there is already an application for an RC. He ought to have proof of the relationship, and ideally the rental contract and/or a letter from the EEA citizen spouse. I really don't see this turning sour.

[Casa]

I don't see the problem here. A non-visa national can simply board a flight to the UK and present himself at the border. There, he says he is joining his EEA citizen spouse, and that there is already an application for an RC. He ought to have proof of the relationship, and ideally the rental contract and/or a letter from the EEA citizen spouse. I really don't see this turning sour.

Which is more or less what I've advised. Copy of marriage certificate, copy of EEA wife's passport and the Biometric letter. With his wife waiting for him at the airport on his arrival.

[producerca]

Thank you all, I think we have a plan.

[mgb]

He has to complete a landing card in any case.
Your imputation is he has to make false statements in the landing to get a tourist stamp.

You've lost me now! I'm advising that he shouldn't request a tourist stamp or attempt to enter as a visitor. He's NOT a tourist. I'll say again that the system will show he has an application of an EEA2 residence permit pending and intends to settle in the UK with his EEA wife.

You lost me. It is the decision of the border officer if he give a EEA regulation stamp or a tourist stamp.
Entry cannot be denied.

[producerca]

I thought I would post the outcome in case anyone else is in the same situation, although of course the result is quite likely dependent on the discretion of the border officer.
So my husband arrived in - showed the biometrics letter - they simply asked the nationality and his relationship to me and issued him with yet another EEA 6 month stamp. So no issues at all with getting in. Fingers crossed the COA arrives before next Tuesday as he is due to fly out for a month long contract in the USA. The application was received by HO on 17.08.15 so we have been waiting almost a month for COA!
Thank you for all the thoughts/advice.