Immigrationboards.com

So after browsing this forum for a while, I realise that the EEA4 residence cards are just 'official acknowledgements' of your actual legal status of having PR due to 5 continuous years of exercising treaty rights - or something to that effect at least.

It is mentioned in this forum often - the question is though has anyone actually made it through UK border security in this position? I'm not saying that the EEA4 is useless, merely wondering whether the theory has ever been put to the test and what success (if any) was enjoyed?

Getting into the UK would normally be the easier part. For many of the forum members, the issue is getting on a plane as they require a visa to enter the UK and the airline won't allow you to board without one. Kiwis don't need a visa so it would be just a matter of producing the relevant evidence to the IO at the border. The easiest would be to carry a payslip of her father and her birth certificate. This would prove that he is exercising treaty rights in the UK and that she is a family member. Technically, she can show that she has obtained PR but this requires more evidence which you don't really want to carry with you all the time.

PR applications are normally dealt within 3-4 months so she can apply for it if she wish or directly for BC as a spouse of BC (with the evidence she has gained PR). If she use NCS they will photocopy her documents and forward the application to the HO so she can keep the original documents. There is a charge for the service.

I am aware of the possibilities when travelling with an expired EEA2 as Jambo explained above, but was hoping to hear some personal experiences of people who have actually done/ attempted this. In particular visa nationals who might have additional burden with the airlines.

I (visa national) will be attempting to re-enter the UK after the bank holiday with an expired EEA2 and a CoA together with as many documents and my EEA husband. I will update on this as well.

9saffa9 wrote:I am aware of the possibilities when travelling with an expired EEA2 as Jambo explained above, but was hoping to hear some personal experiences of people who have actually done/ attempted this. In particular visa nationals who might have additional burden with the airlines.

I (visa national) will be attempting to re-enter the UK after the bank holiday with an expired EEA2 and a CoA together with as many documents and my EEA husband. I will update on this as well.

How do you plan to get to a border? Are you flying?

EUsmileWEallsmile wrote:How do you plan to get to a border? Are you flying?

As "going on an aircraft" or as "I'm superman" ?

Jambo wrote:

EUsmileWEallsmile wrote:How do you plan to get to a border? Are you flying?

As "going on an aircraft" or as "I'm superman" ? :-)

I think if it's the former, it is likely that a commercial airliner will deny boarding. Superman doesn't have that problem.

[quote="EUsmileWEallsmile"][quote="Jambo"][quote="EUsmileWEallsmile"]How do you plan to get to a border? Are you flying?[/quote]
As "going on an aircraft" or as "I'm superman" ? [/quote]

I think if it's the former, it is likely that a commercial airliner will deny boarding. Superman doesn't have that problem.[/quote]

I will be flying from Bergen to LGW.

9saffa9 wrote: I will be flying from Bergen to LGW.

If you manage to convince them to allow you to board, good for you. You will need to be patient and bring as much evidence as you can. Don't be too surprised if you are denied boarding (I hope you won't be, but it's very much a possibility).

Will try my best. I also e-mailed Solvit who confirmed that they have to let me board and to print out the email that thy sent and show it if I have any issues and if I do have issues when trying to board to call the number that they provided. Will keep you posted.

9saffa9 wrote:Will try my best. I also e-mailed Solvit who confirmed that they have to let me board and to print out the email that thy sent and show it if I have any issues and if I do have issues when trying to board to call the number that they provided. Will keep you posted.

Goodness, you are well prepared! I wouldn't have advised anyone to try it (simply for lack of convenience and risk of disappointment). I wish you all the best.

Just arrived home and there were no problems at all. I checked in, in Norway without any questions even being asked (he never even saw the expired permit as this is in an old courted passport, which I kept in my pocket).

In London, I openened at the expired residence card and handed it to the IO, which looked at it and let us through without any questions.

Fantastic! Good for you! I thought the problem was going to be boarding the aircraft.

I guess you enjoyed from the benefit of flying out from a small regional airport. I guess they don't see many visa nationals so not used to check that. Also if they knew its the return leg, they might have assumed you are allowed to enter the UK.

Good to hear you didn't face any issues by the IO.

Yes, I assume that they must have thought that I didn't need a visa which was strange considering the large amount of visa nationals (even from my own country) that were actually at this airport ,which is surprisingly Norway's second busiest. Just happy to be home!

9saffa9 wrote:In London, I openened at the expired residence card and handed it to the IO, which looked at it and let us through without any questions.

Did the IO stamp your passport?

No she didn't stamp it at all.

9saffa9 wrote:No she didn't stamp it at all.

Good!

Directive/2004/38/EC wrote:

9saffa9 wrote:No she didn't stamp it at all.

Good!

We're in the same boat! I'm an EU citizen, my husband is a South African who came over with me on an EEA2 visa, which expired last month. We sent in the application for permanent residence card in June and haven't received it back yet. We're booked to fly to South Africa for A holiday in December and we're so stressed the application won't be complete by then so I was considering getting our passports back and hoping hubby will get back into the UK if we have all paperwork proving we've both been exercising treaty rights for the last 5 years. Any advice greatly appreciated!

Jasmine11 wrote:

Directive/2004/38/EC wrote:

9saffa9 wrote:No she didn't stamp it at all.

Good!

We're in the same boat! I'm an EU citizen, my husband is a South African who came over with me on an EEA2 visa, which expired last month. We sent in the application for permanent residence card in June and haven't received it back yet. We're booked to fly to South Africa for A holiday in December and we're so stressed the application won't be complete by then so I was considering getting our passports back and hoping hubby will get back into the UK if we have all paperwork proving we've both been exercising treaty rights for the last 5 years. Any advice greatly appreciated!

Do you have your Certificate of Application letter yet? COA plus passport would be enough.

jotter wrote:

Jasmine11 wrote:

Directive/2004/38/EC wrote:

9saffa9 wrote:No she didn't stamp it at all.

Good!

We're in the same boat! I'm an EU citizen, my husband is a South African who came over with me on an EEA2 visa, which expired last month. We sent in the application for permanent residence card in June and haven't received it back yet. We're booked to fly to South Africa for A holiday in December and we're so stressed the application won't be complete by then so I was considering getting our passports back and hoping hubby will get back into the UK if we have all paperwork proving we've both been exercising treaty rights for the last 5 years. Any advice greatly appreciated!

Do you have your Certificate of Application letter yet? COA plus passport would be enough.

We do but in the section under employment it says its only valid if presented within 6 months of application so I'm presuming the same applies for travel?

So by the time he returns the COA itself will be more than six months old?

Strictly speaking that's true, though if you were travelling together, and had passports and the COA, your case would be believable enough that I don't think the UKBA would actually turn you away in the end, though you might get a grilling before they let you in.

Jasmine11, The problem is not getting into the UK once you arrive. That will be easy. The problem will be convincing the airline to let you on in SA.

Anyone have any experience of convincing an airline to let you fly in this situation?