Amoniman wrote: ↑
Thu Feb 28, 2019 11:36 am
I gained all my rights as direct family member under EEA Regulation before applying for RC ( witch was not mandatory for me as direct family member in the first place ).
Read secrets.simon's comment above
You were under UK Immigration law ( point system ), so how many year you were resident in UK doen`t matter as you were not under EEA Regulation.
I never said it mattered. I was just answering your question about my immigration history, which, as I said, is completely irrelevant.
Bottom line is: you, me, or person X might have different backgrounds and immigration histories. But at the same point in time, we all three find ourselves in the situation of qualifying for right to reside as a Family Member of a EEA national (extended or not), have a RC pending application, and are stranded abroad.
We all three can apply for a Family Permit, as we all three qualify, and have the right, to receive this "Holly Grail" paper for free.
You might want to argue that you already 'acquired' the rights, but do read secret.simon's comment above
. And, since you have already exhausted the right you have to travel without a visa (or "holy grail" paper) by showing your marriage certificate and wife passport (an option I didn't have as unmarried partner) and have been refused boarding, well, that puts us pretty much in the same position of having
to apply for the Family Permit.
Even EU nationals must exercise their Treaty rights to be considered as qualified persons, so their Non EEA family members would derive trough them all these rights under EEA Regulation.
Yes, this is clear, but not sure why you are raising this. This applies to my case as well as to your case. Our spouses/partners have to exercise treaty rights for us to have the right to reside. Agree.
Apparently there is a difference also in letters we received, as like I mention, mine has no word about re applying for FP if I want to re enter UK while in process of application for RC. Maybe HO has change this in resent time.
Yeah, it is strange that you have apparently received a different letter. But be sure this does not make your options any different.
I received my CoA around Xmass, so it could take a while. But like I said, I only left because of family emergency, I planed to get back to UK only after few days on 31.01.
It... really should not take that much longer now. Check the most recent timelines, really, chances people who applied at around the same time as you and/or received CoA at the same time as you, are starting to received/have received their RC.
And for me to sit and wait here is not an option as I need to get back to my wife and son as she can`t manage child care because of work.
I'm sorry to hear this, it does seem you ave gone through a very stressful thing. At this point, I believe you have two options:
a) Check the timelines, see if it's likely that you get this in the next week or so. Wait for your RC, then have your wife send it to you by secure, priority international post (DHL, FedEx).
b) If it looks like your RC will take a while, then, really, consider asking for your wife passport back (using the same link you used to get your own passport back), have your wife send it to you along with the other evidence you need (marriage certificate, joint bills, etc.) by secure, priority international post (DHL, FedEx), then apply for a Family Permit in your home country.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.