EEA Family Permit vs EEA'Dependant' ink stamp at the Airport

[sk8erboy19852004]

Hello Everyone,

I'm totally new here, actually this is my first time I write a topic in a forum, so I will be straight forward.

I am Non-EEA family member Egyptian married to EU citizen Romanian. my wife had to go for a probation back on sep2015 and I applied for EEA FP acc valid until 21Feb2016 however I couldn't come with her and she went alone, then she didn't like the work environment+alone with no friends there so I booked a ticket & she's back.

In October2015 I went back to my country to renew my passport which is expiring on 11-Jan-2016 (please note that I still have my family permit valid until 21-Feb-2016.

Now she have another interview and most likely other probation (she is pastry chef) so this could last up to 3 months & she must be there to do the probation and or look for other jobs there and this time I must be with her, I already rented apartment for 1 month via Airbnb & tickets one way starting from 15-Jan-2016 will be in the UK.

Considering my family permit which will expire on 21-Feb-2016 I have tried many times to call agents/officers in the Contact UK Visas and Immigration from OUTSIDE the UK(Enquiries from European citizens) for their link click https://www.gov.uk/contact-ukvi/european-nationals
Enquiries from European citizens Telephone: 0300 123 2253, to ask if I would really need to apply for another permit while I have already a valid one(this was in mid Nov15 to beginning of December15) and I was calling many times and I have been connected to different agents or officers whatever, and all replied different answers(e.g, you can NOT apply for family permit while you have valid one, you should apply for residence card once you arrive "technically I can't do that coz she must have a work contract as she might be refused or look for other jobs", or they say you should be fine as long as she's there with you, other said no if your family permit expired which is 21-Feb-2016 you will become illegally staying in the UK, others said contact different phone lines which I should pay by visa/master card to answer my questions, other say you could get a stamp at the airport, others was disconnecting the call).

Now it comes my question where I need answers based on other people experience and what they've faced.

1-When arrive at the airport on 15-Jan-2016 should I show my old passport with the family permit+the new passport and explain the above situation and ask politely to give me EEA 'Dependant’ ink stamp as 1 month and five days is not enough ?

2-Show only my new passport which doesn't have any family permit+bunch of documents as per the below to give me EEA 'Dependant’ ink stamp without prevailing that I have current valid one in my old passport?

Document to show are:
1-My valid Passport(the new one with no family permit).
2-Marriage certificate.
3-Family member long term residence card-EU valid from 09-Sep-2015 to 08-Sep-2025.
4-Three emails 1-from recruitment company asking to call when we arrive in the UK. 2-email from restaurant to email them once she arrive to speak about a position. 3-email from restaurant to call them when we relocate and if they have not filled the position we could arrange an interview.
5-Airbnb booked apartment with the invoice showing that I already paid accommodation for 1 month ending on 15-Feb-2016.
6-Letter from my employer showing that I am a full time paid with the date of my employment starting from 01-Nov-2010, my position name, salary amount gross, how many days of holiday paid left, 6 months payslips.
7-Email from the Home office to Wayne Howard on this link https://www.whatdotheyknow.com/request/ ... 8%2019.pdf showing which case can Border Force officer grant a passenger who doesn't have Family permit the EEA 'Dependant’ ink stamp.
8-A letter from Home office Damian Green MP-Minister for immigration on 19-Jun-2012 to someone confirms that it's not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK, and UK border agency officers will consider any evidence presented by passengers arriving at the UK border that they are entitled to be admitted as a family member of an EEA national in accordance with the regulations 11(4). Nevertheless, it is strongly recommended that family members obtain an EEA family permit, which are issued free of charge, before travelling in order to facilitate their entry to the UK.
9-Email from my manager with signature that I have approved unpaid leave for 2 months due to family obligations with possibility to extend as needed or (also there a possibility on having an approval from my manager to work remotely as I just need only a laptop+internet)
10-Printed screenshot of this link http://www.legislation.gov.uk/uksi/2006 ... on/11/made showing Right of admission to the United Kingdom.
11-Printed family permit application (to show my intention that I wanted to apply for one however due to the time constrains I didn't as I have flight booked+rent paid+responses from the officers/agents on the enqueries line was vague as explained above)
12-Another screenshot from the website to the first possible date for scheduled appointment to hand over the application and take my finger print&photo which is on the 08-Jan-2016
13-Screenshot from the processing time in Romania which the vast majority 83% who apply receive it in 10 working days which will be after my flight.

Appreciate your advice please on whether I should use method 1 or method 2 at the Airport.

Thanks for your time reading all this story, but I intent to give as much details as needed to see your thoughts.

[noajthan]

FP is simply for entry so entering UK on 15 under FP valid to mid-February should be fine (& easier than 1A stamp at arrival airport).

Once in UK your wife has up to 3 months to secure a position & start exercising treaty rights.
Then when she does you can shoot for RC ( if you wish).

Note you have a right to be in UK with your sponsor (spouse) regardless of having a RC;
a RC simply confirms rights it doesn't grant them.

If your foreign RC is an Article10/20-type card you could enter UK on that too.,
Good luck.

[sk8erboy19852004]

FP is simply for entry so entering UK on 15 under FP valid to mid-February should be fine (& easier than 1A stamp at arrival airport).

Once in UK your wife has up to 3 months to secure a position & start exercising treaty rights.
Then when she does you can shoot for RC ( if you wish).

Note you have a right to be in UK with your sponsor (spouse) regardless of having a RC;
a RC simply confirms rights it doesn't grant them.

If your foreign RC is an Article10/20-type card you could enter UK on that too.,
Good luck.

So basically you want to say that the family permit will only allow me to enter the UK and the expire date on my permit which is 21-Feb-2016 if I crossed it in the UK I won't be considered staying illegally as they only count from the first date I enter ?

So in other words If I enter the UK on 15-Feb-2016+3 months= 15-May-2016 would be my last day in the UK?

and not I do not have a residence card, it's my mistake as I should have said (Long Term residence permit-EU)

[noajthan]

FP is simply for entry so entering UK on 15 under FP valid to mid-February should be fine (& easier than 1A stamp at arrival airport).

Once in UK your wife has up to 3 months to secure a position & start exercising treaty rights.
Then when she does you can shoot for RC ( if you wish).

Note you have a right to be in UK with your sponsor (spouse) regardless of having a RC;
a RC simply confirms rights it doesn't grant them.

If your foreign RC is an Article10/20-type card you could enter UK on that too.,
Good luck.

So basically you want to say that the family permit will only allow me to enter the UK and the expire date on my permit which is 21-Feb-2016 if I crossed it in the UK I won't be considered staying illegally as they only count from the first date I enter ?

So in other words If I enter the UK on 15-Feb-2016+3 months= 15-May-2016 would be my last day in the UK?

You didn't quite get it.
The point is travel to UK before FP expires.

Once in UK you have 3 months during which no need for sponsor to exercise treaty rights.
Ofcourse they can do so if they wish.

You don't have to leave after 3 months but your sponsor will be expected to be exercising treaty rights in 1 (or more) of the 5 categories of 'qualified person'.

For example as a worker or self employed etc.

[sk8erboy19852004]

FP is simply for entry so entering UK on 15 under FP valid to mid-February should be fine (& easier than 1A stamp at arrival airport).

Once in UK your wife has up to 3 months to secure a position & start exercising treaty rights.
Then when she does you can shoot for RC ( if you wish).

Note you have a right to be in UK with your sponsor (spouse) regardless of having a RC;
a RC simply confirms rights it doesn't grant them.

If your foreign RC is an Article10/20-type card you could enter UK on that too.,
Good luck.

So basically you want to say that the family permit will only allow me to enter the UK and the expire date on my permit which is 21-Feb-2016 if I crossed it in the UK I won't be considered staying illegally as they only count from the first date I enter ?

So in other words If I enter the UK on 15-Feb-2016+3 months= 15-May-2016 would be my last day in the UK?

You didn't quite get it.
The point is travel to UK before FP expires.

Once in UK you have 3 months during which no need for sponsor to exercise treaty rights.
Ofcourse they can do so if they wish.

You don't have to leave after 3 months but your sponsor will be expected to be exercising treaty rights in 1 (or more) of the 5 categories of 'qualified person'.

For example as a worker or self employed etc.

I thought the expire date in the family permit on 21-Feb-2016 is the last day I could stay in the UK.

Thank you so much for this advice, really appreciated.