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EEA2 RC in process can I travel return work Tricky situation

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Olliec
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EEA2 RC in process can I travel return work Tricky situation

Post by Olliec » Wed Oct 12, 2011 1:12 am

Hi all,

I have some questions but first let me tell you about my case.

I have been in the UK for over 5 years on student visa (university degree) - PSW - and student visa again (Masters degree.) My last visa expired on the 30 September allowing me to work 20hrs in term time and 40hrs in holidays and from the day i have no more university commitments (handing in dissertation) until my visa expires.

I sent my EEA2 application on September 28 Non-EU Unmarried partner of French National exercising treaty rights in the UK, have lived together for 2.5 years and have a 3.5 years relationship.

I am still waiting for a CoA but we have planned to travel in mid November as our best friends are getting married abroad and we are witnesses. I will request our passports back as soon as we receive a COA. My questions are the following:

1. Can I re-enter the UK without problems? would I need a family permit to come back? We are leaving for only the weekend so I don't want to get stuck abroad. I intend to send passports back to the HO as soon as we come back.

2. I sent the application before my current leave expired, therefore I am stuck in the same category until a decision is made by the HO from what i understand. am I allowed to work full-time whilst waiting for a decision? even if I have a T4 visa, but i don't have to attend university anymore as master's finished. Would this give me the right to come back to the UK with no permit?


Also my graduation ceremony is at the end of November so I certainly would not want to miss out as my mother and brother are traveling all the way from the US to be with me on the ceremony.

Thank you very much guys!! this forum is so so helpful!!

Punjab
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Post by Punjab » Wed Oct 12, 2011 9:05 am

I AM NOT SURE BUT YOU CAN APPLY FOR EEA PERMIT AS A FAMILY MEMBER BUT NOT MARRIED BUT LIVING TOGETGHER ETC
YOU NEED TO SHOW THEM BILLS WITH BOTH PARTIES NAME ON THEM.

YOU NEED TO APPLY FROM THE EMBASSY IN THE COUNTRY WHERE YOU ARE GOING OR IN WORSE CASE YOU HAVE TO GO BACK YOUR HOME COUNTRY AND APPLY

BUT LETS WAIT TILL OTHER FELLOW MEMBERS GIVE ADVICE

Jambo
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Post by Jambo » Wed Oct 12, 2011 9:35 am

Are you a US citizen? Do you travel by train or air?

With the CoA you should be able to enter the UK. The tricky bit would be to get to the UK if you take a flight. If you are US citizen, then the airline should allow you to travel (non-visa national). If you take the train/car, then the UKBA stuff are on the French side so you should be OK.

Once you get your passports back, you don't need to send them back until requested by the HO (usually would take 3-4 months).

As you are unmarried partner, you are not allowed to work until you receive your RC. Also, the Tier-4 visa doesn't allow you to work once your university duties are over.

geriatrix
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Post by geriatrix » Wed Oct 12, 2011 10:08 am

Punjab, please refrain from shouting.
Life isn't fair, but you can be!

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Oct 12, 2011 10:11 am

As others have asked, which passport are you traveling on and where is the wedding?

And another question: I know you have applied for an RC based on your unmarried relationship with an EU citizen. Are you presently in the UK on the basis of a Student Visa or something else?

Punjab
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Post by Punjab » Wed Oct 12, 2011 12:37 pm

sushdmehta wrote:Punjab, please refrain from shouting.
i left my capslock on... :roll:

Olliec
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Post by Olliec » Wed Oct 12, 2011 1:48 pm

Hi guys, thank you for your answers.

I am presently in the UK on a student visa, which expired on the 30th September, but my application was received by the HO on the 29th September. That gives me the right to stay under the same category until a decision is made i guess?

The Wedding is in Mexico, and I am traveling with a US passport so dont need a visa to enter the UK. We will be there for the weekend only, flying on a Thursday returning on Monday.

Working with student immigration permission when studies have ended:

"If you have immigration permission that extends for up to four months beyond the end of your studies, you can work full-time for that extra period once you have completed all your studies"......Be careful about leaving the UK during this period if you want to come back with your student immigration permission. An immigration officer can decide that you no longer meet the requirements of the student Immigration Rules and cancel your permission. This is particularly important for you if you want to stay in the UK as a student or if you want to make an application in a work category of the Immigration Rules. It is safer if you either:

* make your next immigration application in the UK before you leave, or
make your next immigration application while you are outside the UK, in the country where you usually live if you need to make a work application.

http://www.ukcisa.org.uk/student/info_s ... fter_study


Thanks!!

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