Immigrationboards.com

Kristin · Newbie Joined: 20 Jun 2008 Posts: 1

Hello! I am an American married to a Greek citizen who is currently employed in the UK. I have been in the UK for nearly 7 months and have applied for and received my EEA1 family permit. I applied for my EEA2 residence card in the second week of May 2008. Since that time, my EEA1 visa has expired. I have a few questions regarding my application and my rights during the application period (which I understand is lengthy).

1) I have not received my COA yet and it's now been 6 weeks since my application was sent in. Stupidly, I didn't send the application registered and was told the first time I called approximately 4 weeks after applying that there was no way for the Home Office to track my application. Now, they've told me that they absolutely cannot answer any questions regarding my application (including receipt of the application) until 14 weeks (!) after the application is sent. Any thoughts on this? It seems like the COA may be essential for working, etc.

2) Silly question, but, can I be deported as I await news on my application?

3) What are my rights to travel in and out of the country during this time period (both with and without the COA)? My husband travels frequently for business and so we kept our passports for the time being and plan to send them into the Home Office in August.

I would truly appreciate any help/information/advice anyone can provide! Thank you!

thsths · Sage Joined: 29 Apr 2007 Posts: 640

irishkin · Junior Member Joined: 29 Nov 2007 Posts: 14

Hi,
My father is now awaiting decision on EEA2 application. The EU family permit has expired by now.
We may need to travel in the meantime - how do I get him to enter the UK again? I read the stuff on this here and the recent AIT ruling, so prepared to assert our rights at the border with immigration officers.
BUT...how do I get him to that point even? Airlines probably won't let him board a UK bound flight to start with - so what other options do we have? EUROSTAR is similar I think, they won't let him on train I suppose.
Any other options?
Thanks!!

thsths · Sage Joined: 29 Apr 2007 Posts: 640

irishkin · Junior Member Joined: 29 Nov 2007 Posts: 14

Managed to think up a plan. I just buy a ticket through London, e.g., country x-London-Amsterdam on BA. Disembark in London and off we go the EEA entry at passport control and have a huge fight I suppose. What docs should I take with me: my passport, payslips, proof he is living with me (utility bill), COA from Home office, ruling on recent cases from AIT, am I missing anything?

EEA Family permit will take forever I suppose, they are not very clever at the embassy, we had issues with them all 4 times they were issuing these, and now that his case is with the home office, they will definately refer, and it will take forever.

Anyway, is there ANY chance they won't let him in? Can they deport him on the spot or put into a detention centre?

thsths · Sage Joined: 29 Apr 2007 Posts: 640

turcaloca · Newbie Joined: 05 Jun 2008 Posts: 6

On the ability to travel issue... I am a Turkish national and my husband is Swedish. I have an EEA2 application in progress and have just got my passport back from the HO for travel purposes. In the letter accompanying the passport, this is what they wrote:

"Your passport is being returned to you to enable you to travel.

Family members of an EEA national, who are not themselves EEA nationals, wishing to return to the United Kingdom should apply for an EEA family permit at a British diplomatic post abroad before returning to this country"

Before I received this letter, I also assumed that I could travel on my expired EEAFP and COA provided I could convince the passport checkers at the airport and the border agents at Heathrow. That does not seem to be a sensible strategy now...

irishkin · Junior Member Joined: 29 Nov 2007 Posts: 14

Well, they may say that, but the AIT ruling was very clear about EEA Family permit not being an obligation, so yes, having it makes it straightforward, but the ruling seems quite clear. So, a heated discussion at the airport will hopefully get one there in the end. What's the downside? They refuse entry? Then one can go to plan B and apply for EEA Family Permit again.

darlinfe · Junior Member Joined: 05 Mar 2008 Posts: 24

Well, one thing to keep in mind is that if you happen to apply for another EEA Family Permit whilst your EEA2 Residence Card is in process, the EEA2 may be cancelled.

I am a US Citizen and have the same issue being married to an EU Resident. I have the COA letter and my passport. Thought that once I got my COA letter I could travel back to the The States to see my mom and other family.

But I wrote to the Home Office in Los Angeles, where I got my EEA Family Permit before arriving here in January. And they tell me that if I am to apply for another EEA Family Permit before returning here to the UK whilst my EEA2 is in process, it may cancel my Home Office applications/file.

Here I thought, okay, it's not so easy to travel while the EEA2 is being decided. However, I have every right to travel! I had to wait 2 months to get my COA letter and got my passport back quicker! I even asked Home Office about another EEA Family Permit cancelling my current EEA2, but they decided to skip answering that question. Hmm...wonder why?

I find it ridiculous that one has to sit here waiting. And I really do not want to. I just want to know if anyone has any experience coming across the UK Border with their EEA2/COA letter, passport and evidence documents (utility bills, bank statements, etc)?? I don't need a Visa to re-enter the US, my only issue will be coming back across the UK Border. Although when I first entered, they didn't even take my airplane through UK Immigration!

Any help on someone with personal experience would help! That way I can get on my way with making travel arrangements. However, I will keep fighting with Home Office to get my answer resolved. If anything, I still think they need to explain why the give contradicting answers. One office says one thing, another says something different. It's frustrating!

If I get an answer back, I'll post it on this board.

Cheers!
Fe

darlinfe · Junior Member Joined: 05 Mar 2008 Posts: 24

Hello All,

I did get an answer from Home Office in Los Angeles, CA about if I were to apply for a new EEA Family Permit, that it would cancel my EEA2 application here in the UK. A supervisor there verified this, saying that if apply for another permit it will basically put me to square one and having to apply again for an EEA2. So, I'm not going to do that, and glad I found out before deciding to do so. I have plans to visit my mom in the US mid-August, and will take the advice of Ol, from here on the forum. I have seen these suggestions before, but after looking at another forum I also got advice from someone who has had experience travelling with an expired EEA Family Permit while her EEA2 is in progress.

I have also read on the UKBA website that EU/EEA Residents and their family (incl. non-EEA residents) don't have to apply for anything to reside here. It's just that one cannot do anything without it, such as work, etc.

Anyways here is Ol's advice and this is what I plan on doing when re-entering the UK: