Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 6 of 6 Posts

·
Registered
Joined
·
8 Posts
Discussion Starter · #1 ·
Hello,

I’m sincerely hoping somebody here could provide me with specific information I need.

I’m a Serbian national married to an EU citizen living in the UK. I currently hold an EEA Family Permit valid until 3rd December. I applied for a Residence Card a month ago and have received the Certificate of Application subsequently. I will need to travel overseas in mid December for a few days (this was mentioned in a covering letter accompanying my application for a Residence Card) and I am aware that I can request the return of my passport even if the decision hasn’t been made yet.
My concern in this case is whether or not I will be allowed entry into the UK upon return from overseas as my EEA Family Permit will have expired by then. Will the Certificate of Application, along with my husband’s EU passport (we will be traveling together) be sufficient to enable me to re-enter the country? What other options may I have?

I greatly appreciate any advice.
Mia
 

·
Registered
Joined
·
39,103 Posts
You should be allowed in, getting code 1A stamp. Expect a little questioning and checks at the UK border, and your husband should carry evidence of exercising treaty rights like job contract and pay slips.
 

·
Registered
Joined
·
8 Posts
Discussion Starter · #3 ·
You should be allowed in, getting code 1A stamp. Expect a little questioning and checks at the UK border, and your husband should carry evidence of exercising treaty rights like job contract and pay slips.
Thank you very much Joppa, this is a huge relief.
All of our relevant documents (marriage cert, employment docs, tenancy agmt...) are currently at the Home Office Liverpool as part of my RC lodgement, so I'll make sure I request all of them back, together with our passports. I may bring my NINo and my student card too, I don't suppose it could hurt.
Also, I'd like to gear up with a printed copy of the relevant legal documents. What should I look for?

I've done a quick research on Code 1A stamp to see what it is about and it seems reasonable and straightforward. Looks like I'm entitled to it as a family member of an EU national, regardless of my own unpopular nationality which flags me anywhere I go :(
I've also found a few people on here with a similar problem to mine, who eventually ended up entering the country just fine. However, they weren't visa nationals like I am and would have been allowed entry anyway, even as tourists. Now, if I understand correctly, this is under the UK law, whereas I'm trying to enter under the EU law, which should override it, right?

As I will be traveling to Australia with Etihad, I'm also concerned what will happen when I try to board in Sydney or in transit in Abu Dhabi. Will the authorities there have consideration for my huge pile of relevant documents instead of a visa? If I have a COA which confirms my right to work in the UK doesn't that mean it confirms my right to enter the country first in order to work?
I'm thinking of emailing Etihad up front to enquire and hopefully get them to give me a positive response which I can print up and take with me as evidence in order to circumvent the hassle at the airport.

I'm really grateful for your help.
 

·
Registered
Joined
·
39,103 Posts
Yes, that will create a problem for you as the airline is unlikely to allow you to board the flight for UK without a visa or residence card, a fact acknowledged by Home Office. The only solution then is to get another EEA family permit before returning to UK, perhaps in Australia. The latest stats state it should take about 2-3 weeks - will you be there long enough?
 

·
Registered
Joined
·
1,676 Posts
Hi,

I know you don't want to hear this, but if y'all could only wait for your RC to come thru it will be a huge relief.

I entered UK last Sunday night with my American passport -the one without my elapsed RC- and the immigration officer thought I had offended his lovely mum. I patiently waited until the foam stopped coming out of his mouth and his eyes came back to normal to tell him that whilst I might had needed a family permit to enter UK, I was entering on a business matter as my wife was somewhere in the US working and not longer living in UK.

What's my point? Either wait for your RC or apply for a family permit before returning to UK. Some immigration officers are having less patience with EU matters, and airline carriers are now scared to allow anybody without "commonly known" visas.

Animo
(Cheers)
 

·
Registered
Joined
·
8 Posts
Discussion Starter · #6 ·
I guess I set my hopes too high too soon :(

I don't think I will have enough time to get a new EEA FP whilst in Australia. I'm only there for 9 days and everything slows down around Christmas time. It's worth looking into it though, see if they may have some sort of priority service.

Unfortunately I didn't get to choose my travel dates, otherwise I wouldn't have been gambling with the immigration stuff. It's hard enough for me as is, so I always make sure I strictly play by the rules and be prepared for most complicated scenarios.

It's just ridiculous and frustrating that it takes 6 months to reach a decision while keeping your passports at the same time, when none of my 6 visas so far took more than 10 days to process. They must read really slow.

I'll figure something out I suppose.
It's probably too optimistic to expect I could receive my RC after only 2 months, despite my very strong and straightforward case.

Many thanks to both Joppa and Jrge, I really appreciate your input.
I can see myself coming back to this forum.
And will definitely post updates, may help someone out there.

Cheers
 
1 - 6 of 6 Posts
Status
Not open for further replies.
Top