Travelling while EEA2 in progress current workpermit expired

[juilanwood]

I have an EEA2 application in progress since 30 November 2007 after marrying my French wife in July 2007. I have been on a Work Permit since 2002 which expired in January 2008. (We went travelling for 18months which is why I cannot apply for permanent residency now). I had submitted my application without our passports so we can travel.

I've just arrived back from a week's holiday in South Africa last night.

Before travelling I called the BIA to ask about my return to the UK with an EEA2 application underway. I was told that as long as I was travelling preferably with my wife (although he said if I was not travelling with my wife it would be OK) and had my marriage certificate with me and the letter from the HO saying my EEA2 application was in progress I should be OK. I can't remember 100% if I mentioned my current work permit had expired (I hope I did ask but can't guarantee)

Last night I was given the third degree by an immigration officer at Heathrow. She said even though I had my HO letter I did not actually have entry clearance to enter the UK. She said she needed to speak to her supervisor. She then came back and asked how long we had been married, we said since July 2007. She then came back again and asked whether we had lived in any other country (we said no) and whether we had met in the UK (we said yes). She then came back and gave me leave to enter the UK for 6 months after summarising what had happened on the entry card. She did not ask to see our marriage certificate.

The HO letter does say we advise you not to make non urgent travel plans until your application has been decided and thinking about it I did not actually have entry clearance for the UK. I would have been fine to remain in the country but leaving is another matter. What is my legal standing regarding this?

I would like if possible to do another trip in April to Switzerland which I suppose cannot be described as urgent and will not be travelling with my wife as she does not have enough leave.
Is this possible or was my information from the telephone call with the BIA misleading (I could have been at fault my possibly not mentioning my work permit expiring).

Can I do this trip and just ask for leave to remain again for 6 months?
Is there any basis they could actually refuse me entry or deport me?

Obviously the easy answer is not to do the trip and just wait but if I can travel and the officer at Heathrow was just giving me a hard time then at least I will know my rights.

[thsths]

I would like if possible to do another trip in April to Switzerland which I suppose cannot be described as urgent and will not be travelling with my wife as she does not have enough leave.
Is this possible or was my information from the telephone call with the BIA misleading (I could have been at fault my possibly not mentioning my work permit expiring).

No, the advice from the BIA was correct, but unfortunately the immigration officers are not well trained. And sometimes this even applies to the supervisors. So your experience is pretty typical, and it may be even more difficult it you travel without your wife. So it is up to you whether you travel or not: the law is on your side, but the practicalities are stacked against you.

Tom

[juilanwood]

Thanks, Tom

Is there anything I can print out legally that could strengthen my case at the border?

If I can present some 'evidence' to support my entry then I could at least feel a little better about travelling and have some HO or BIA documentation to back me up rather than saying I've spoken to someone in the BIA. When I mentioned this last night she asked who. I said the general helpline and she wasn't interested.

[juilanwood]

Can I please ask this again:

Is there anything I can print out legally that could strengthen my case at the border?

[Pasha]

Hi, I agree with Tom.

The immigration officers are not very accurate at the best of times and my advise if that if you are intending on travelling contact Europa who offers a free service on your rights.

Ask specific questions about your concerns and questions off the obvious. This may help if you do have another misfortune of dealing with immigration officer who is not sure of your rights under EU law - that the obvious is specifically stated in your reply from Europa.

They normally reply within 8 working days and you could take this along with you when you next travel.