non-EU spouse - travelling out of UK

Hi everyone,

this topic is a spin-off from another one: eea-route-applications/can-i-go-out-of- ... 90699.html

I was trying to ask a follow up question in that topic but it was deleted as - I assume - I was asking it in someones' topic.

So the result of that discussion was that the OP can get the passport back and travel outside UK if his\her visa is still valid. Please correct me if I'm wrong here and misinterpreted the advice.

Now I go to the return of docs service on gov.uk. First thing it says:

This form should be used if:
You have an outstanding application with the Home Office and now wish to withdraw this and leave the UK

OR

You are a British or settled sponsor who requires their documents returned to them

Now I'm neither (I'm non-EU spouse of EEA citizen with FP) but I continue the form. It does give me to choose EEA or EEA family member. Now I come to declaration on the last page:

if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK;

Now if I read it right, non-EEA family member of EEA national is not subject to immigration control. Is that so? I did a bit of research and found the following based on Immigration and Asylum Act:

You're subject to immigration control if you:

1) need permission to enter or remain in the UK but don't yet have it. For example, you've applied for a visa
2) have permission to enter or remain in the UK only if you don't claim benefits or use other public funds, such as getting NHS treatment
3) were given permission to enter or remain in the UK within the last five years on the grounds that another person signed a maintenance undertaking agreeing to support you.

I believe what my spouse signed for FP visa was a Sponsorship Undertaking form - this sounds to me like maintenance undertaking.

Sorry if there are a lot of words, I'm also not quite good with legal details but I need to travel in future and want to make sure that this will not cancel my application AND I will be able to get back to UK within validity of my FP.

Thanks in advance for your advice.

Read 34J and 34K.

https://www.gov.uk/guidance/immigration ... -in-the-uk

There is a clear risk even if you can find people who requested their IDs and traveled abroad without any issues.

Zerubbabel wrote: ↑

Sat Oct 19, 2019 3:50 pm

Read 34J and 34K.

https://www.gov.uk/guidance/immigration ... -in-the-uk

There is a clear risk even if you can find people who requested their IDs and traveled abroad without any issues.

Thank you for your reply! Yes, the risk with me is even higher as I didn’t even got bio letter yet. So for sure the application isn’t decided.

I like this country but this rule is a bit difficult to follow for someone who likes to travel and needs to travel.

I agree with you. We live in a time of mobility and I am all for expediting immigration applications. But we also live in an increasingly complex world.