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Quick question, family permit granted but wrong issue date

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Jualo
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Joined: Tue Apr 27, 2010 6:20 pm

Quick question, family permit granted but wrong issue date

Post by Jualo » Tue Apr 27, 2010 6:33 pm

Hello. My wife is currently studying in the UK, and to join her I've applied for a family permit, which I final have in my possession (many thanks to all the posts in this forum that helped me with this process!). The problem is that they got the date wrong, I already have tickets to travel on the UK on the 4th of May, whereas the family permit is valid starting from the 14th of May.

I am also a non-visa national (Chile), so I am also able to enter the UK for tourism.

The question is, what would happen if I try to enter as a tourist on the 4th of May, then leave the UK on the 13th (say, to France), just to enter back next day, this time using the family permit?

Do you think it will be allowed? Theoretically I suppose so, but I am not sure, wouldn't want to be refused of entry.

Thanks!

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Apr 27, 2010 6:44 pm

Your plan sounds somewhat odd. Your rights to be with your wife derive solely from you marriage to her. You may formally be required to have the EEA family permit, the UKBA wants to have it that way, but you could also have tried to come without it. When asked by an immigration officer you would present yourself as a family member of an EEA national exercising treaty rights in the UK and show all relevant documents (the ones you needed for the permit). The immigration staff should be aware of this rule.

The other question is if the airline wouldn't find it odd that you have a permit that is only valid from 10 days after your arrival in the UK.

Rozen
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Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Post by Rozen » Tue Apr 27, 2010 7:05 pm

Or your could give the embassy a call and ask them to change it for you. As you even have evidence of your flight booking, it shouldn't be a problem.
I remember many moons ago, my EEA FP was wrongly endorsed (long story :roll: ). But anyway, they made the correction within a day!
But I guess it depends on the BHC in any particular country. You can ask how long it would take.

Jualo
Newly Registered
Posts: 6
Joined: Tue Apr 27, 2010 6:20 pm

Post by Jualo » Tue Apr 27, 2010 7:23 pm

The problem is that the chilean embassy sends all documents to an office in New York, so changing the date would take too much time.

I know I'm probably being too cautious, but the idea of depending on the knowledge of the immigration staff seems a bit risky (I know first hand stories of people not admitted in Schengen area only due to officer's lack of knowledge).

Anyway, should I still show the permit when arriving on the 4th?

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Apr 27, 2010 7:41 pm

Jualo wrote:I know first hand stories of people not admitted in Schengen area only due to officer's lack of knowledge.
EEA family members?

Jualo wrote:Anyway, should I still show the permit when arriving on the 4th?
Do you have 2 passports? If not then it would certainly be spotted.

Rozen
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Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Post by Rozen » Tue Apr 27, 2010 8:14 pm

Jualo wrote: Anyway, should I still show the permit when arriving on the 4th?
Well, the IO is bound to skim through your passport! I don't see how s/he would 'miss' it!
I do think that somehow, even if you go before the 14th, you will be allowed in by virtue of your being a non-visa national. Albeit you might have to explain that the date was not what you originally requested.
By the way, did you make a copy of your EEA FP application before handing it over to the BHC? That's one way of proving to the IO (in case of questioning) that you did indeed apply for an earlier date... Just a thought...

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Apr 27, 2010 8:20 pm

Rozen wrote:I do think that somehow, even if you go before the 14th, you will be allowed in by virtue of your being a non-visa national.
I think the real argument here is that he is an EEA family member. As a visitor he would have to show an intent to return, etc. From a legal point of view he must be allowed to enter,

Rozen
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Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Post by Rozen » Tue Apr 27, 2010 8:29 pm

Okay. I think it's time for me to sleep now. My brain is shutting down...

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