Travel while PR application in progress...

[fmdddv]

Hello all,

I have a quick question. If a non-eea person has an application for permanent residence in progress but their current visa is expired, would they be allowed back into the UK after travel abroad? They will be travelling and re-entering with their eea spouse.

Thank you

[ohara]

Which "visa" do you believe this family member has

[noajthan]

Hello all,

I have a quick question. If a non-eea person has an application for permanent residence in progress but their current visa is expired, would they be allowed back into the UK after travel abroad? They will be travelling and re-entering with their eea spouse.

Thank you

Which visa is that?
There are no 'visas' on EU migration route.

And yes, if travelling with spouse, with evidence of relationship, kindly border guard should permit entry after a brief inspection and questioning.
That is if you can make it onto train, ferry or plane in first place.

[fmdddv]

I am sorry. They have a "family member resident permit" which is about to expire but the application for PR is already in progress.

[ohara]

EEA family member residence card is not a residence permit. It's not a visa and doesn't grant or confer rights.

It is only the card which expires, and it is not even mandatory for direct family members.

[fmdddv]

That is if you can make it onto train, ferry or plane in first place.

The residence card would have already expired on the day of travel out of the UK. They would be returning from South America. Are you questioning whether he would be able to board based on his expired UK resident card? They didn't realised that could be an issue.

[noajthan]

That is if you can make it onto train, ferry or plane in first place.

The residence card would have already expired on the day of travel out of the UK. They would be returning from South America. Are you questioning whether he would be able to board based on his expired UK resident card? They didn't realised that could be an issue.

Traveller (if not from a visafree country) will need a valid visa or other document in order to check in and get on a plane as well quite apart from the question of how to enter UK.
Airlines can and do play hard ball on this as they are liable for any undocumented travellers.

[fmdddv]

EEA family member residence card is not a residence permit. It's not a visa and doesn't grant or confer rights.

It is only the card which expires, and it is not even mandatory for direct family members.

Thank you for your response. So does that mean their status does not change, only that the card is expired?
This family would be taking their first holidays in 7 years and it is really unfortunate that the resident card would be expired. They just want to be sure they would not face difficulties upon flying back to the UK.

[ohara]

Yes, the expiry of the card does not affect their status.

Without it though, you obviously face difficulties getting back. Crossing the UK border isn't such a big problem, as they can always make enquiries there. The real issue is the airline allowing you to board the plane at the other end, as noajthan says.

[fmdddv]

Thank you both for your responses. If they were to return to the UK, at least a day before the resident card expires, would they be OK to board the returning flight without difficulties? Or does there need to be a minimum period?

[ohara]

Shouldn't be a problem. As far as I am aware there is no requirement for minimum validity period for an RC used for travelling. After all, you are resident in the UK, so that's surely the best place for you to be when it does expire