Residency Card Expires While Travelling How to Come Back?

[viktorkelemen]

My wife’s residency card expires in few months, how can she enter the UK after the expiration?
She entered the country with EEA Family Permit, then applied for a residency card which is now expiring after 5 years.
She is Non EEA (Japanese), married to an EU citizen (me), I also have a "indefinite leave to remain". We also have a 5 month old infant who has British passport.

According to gov.uk, she does not need a residency card to stay but it does not mention entering the country
“You do not need to apply for a residence card to prove you can live in the UK unless you’re both:
- from outside the European Economic Area (EEA) or Switzerland
- an extended family member of someone from the EEA or Switzerland

I called up the UK Immigration Services (0300 123 2253) but they advices to cancel all travel and apply for a permanent residency card. Asking whether she can enter the country they could not answer.

[NikiGio]

When does it expire, and when is she planning to travel/for how long? Do Japanese citizens require a Visa to enter the UK?

The problem is pratical rather than legal. Legally, she doesn't need a resident card when returning - marriage certificate/proof of residence should be enough to come back. However, practically - the airlines don't always know immigration rules well and have been known to sometimes prevent non-EEA citizens from boarding, even when accompanied by their EEA spouse, as they face potentially hefty fines - so having a valid residence card eliminates this issue.

If Japanese citizens are Visa-free, then she can just enter with her passport.

If Japanese citizens require a Visa, then it's best she applies for PR before travelling. Unless she's willing to risk not being allowed to board when trying to return.

[Richard W]

My wife’s residency card expires in few months, how can she enter the UK after the expiration?
She entered the country with EEA Family Permit, then applied for a residency card which is now expiring after 5 years.
She is Non EEA (Japanese), married to an EU citizen (me), I also have a "indefinite leave to remain". We also have a 5 month old infant who has British passport.

If you are returning to the UK together and you married in the EU, just carry your marriage certificate with you. Your wife does not need a visa to travel to the UK, and she has the right to enter the UK when accompanying you. For peace of mind, you may wish to carry one of the following with you if you have it:

• document certifying permanent residence (DCPR) for your self
• evidence of your being employed in the UK

Her expired residence card might help, though it will have no legal significance.

If you are not returning with her, meet her at the airport with your DCPR or evidence of your employment, and your passport. Once she reaches the airport, she has the right to have them brought to her to provide evidence that she is joining her husband in the UK and that he is a qualified person or permanent resident. Such evidence gives her the right to enter the UK.

[viktorkelemen]

Richard W and NikiGio thank you so much.
Japanese citizens can travel visa free to the UK, and we're planning to return together to the UK.