Re-entry into UK on EEA permit without EU Spouse

[GuyS]

Good day All
I recently was granted an EEA family permit which states that my spouse, the EEA citizen, was required to accompany me into the UK. I was initially told that this is only a requirement for the first entry into the UK however I am unsure as to whether this is true or not.

Am i able to leave the UK and re-enter unaccompanied by her if i have already made a trip to the UK with her to prove that i am married to the EU citizen, or does she have to accompany me each time i travel? I often have to travel for work so would like to ensure that this does not become a problem when i re-enter the UK.

There does not seem to be a clear answer on the UK border site so any additional information would be greatly appreciated.
Many thanks
Guy

[noajthan]

Good day All
I recently was granted an EEA family permit which states that my spouse, the EEA citizen, was required to accompany me into the UK. I was initially told that this is only a requirement for the first entry into the UK however I am unsure as to whether this is true or not.

Am i able to leave the UK and re-enter unaccompanied by her if i have already made a trip to the UK with her to prove that i am married to the EU citizen, or does she have to accompany me each time i travel? I often have to travel for work so would like to ensure that this does not become a problem when i re-enter the UK.

There does not seem to be a clear answer on the UK border site so any additional information would be greatly appreciated.
Many thanks
Guy

The Gov UK website does say:

Applying as a family member (or extended family member)

The EEA citizen you’re joining must either:

• be in the UK already
  ...

[GuyS]

Hi noajthan
Thanks for the reply. You are quite right the gov website does say that however that refers to the application process. It does not provide additional information on once you have already entered the country for the first time with the EU citizen, and would then like to re-enter the country again on an EEA visa which states that you need to accompany the EEA citizen.
Many thanks

[noajthan]

Hi noajthan
Thanks for the reply. You are quite right the gov website does say that however that refers to the application process. It does not provide additional information on once you have already entered the country for the first time with the EU citizen, and would then like to re-enter the country again on an EEA visa which states that you need to accompany the EEA citizen.
Many thanks

Section 5, page 5 of the Border Force Operations manual may help provide the clarification you seek:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

[secret.simon]

Simply put, a Family Permit issued under the EEA Regulations does not give you a right to travel to the UK on your own.

All your rights in the UK as the spouse of an EEA citizen are predicated on the basis that you are either joining them or accompanying them and hindering you amounts to hindering the free movement of EEA citizens indirectly.

If you are not joining the EEA citizen or accompanying them, the Family Permit does not allow you any right of your own to enter the UK.

It is only after automatic acquisition of PR under EU law that you acquire rights in the UK independent of your EEA spouse.

[GuyS]

Hi Secret.Simon

Thanks for the additional information. If the EU citizen is in the UK, we arrived together initially, but now i have left and am re-entering to join them, on a visa which says "Accompany by EU citizen", do they still need to be travelling with me considering they are still in the UK?
Many thanks again
Guy

[secret.simon]

No, but as the document linked to by noajthan advises, the onus is on you to prove that your EEA spouse is already in the UK and that you are traveling to join them.

[manu_uk]

I am on your same situation.
I have prepared a letter signed by my wife stating that she is on the UK waiting for me.
Also have her phone number, landlord phone number and my wife´s manager phone number....any of then can testify that my wife is in the UK.
Hope it helps!

[GuyS]

Thanks Manu_uk i am going to try the same thing.

[manu_uk]

Just in case it is useful....just went trough Heatrow airport with no issues at all.
No need to show the letter or call my wife.
The officer just asker about my wife, where she was at the moment.
I said: at the office working.
She said: I mean, is she in the UK?
I said yes.
That was all.
Have a nice day.