Travelling Abroad with British spouse

[dhemholha143]

I currently have an EEA family member permit which runs out in March. I was previously refused a renewal as the EU unmarried partner decided to relocate back to home country due to Brexit and other family reasons.

Currently am now married to my new British spouse, I have just put in my online application, however we plan to go on a week horney moon in Spain next week.

Can I still travel with my British spouse for our horney moon or not?

[Casa]

I currently have an EEA family member permit which runs out in March. I was previously refused a renewal as the EU unmarried partner decided to relocate back to home country due to Brexit and other family reasons.

Currently am now married to my new British spouse, I have just put in my online application, however we plan to go on a week horney moon in Spain next week.

Can I still travel with my British spouse for our horney moon or not?

You will require a Spanish Schengen visa but you've probably left it too late to obtain one. No airline will permit you to fly without this, do to the risk of receiving a fine. That's assuming your nationality requires a visa to enter Spain.

Edit: You mention you've just put in your application. Is this for a spouse visa from within the UK? If so, travelling outside of the UK will void your application.

[Zerubbabel]

You have the right to go to Spain without visa only if you are traveling or joining you EEA national who is exercising Treaty Rights in the UK.

Most companies will ask to see your EEA national passport and certificate of marriage to make sure your trip falls within the regulations.

Still, even if you find an airline company who doesn't check thoroughly and allows you to go to Spain, I don't see you back in the UK anytime soon.

The Home Office knows that your EEA national left the country. So yourself as a dependent, you can't claim EEA regulations to stay or enter the UK. They refused your renewal and I suspect your current permit is not valid.

So if you manage to go to Spain, I don't think you will be able to come back in the UK unless you go to your home country and apply for a UK visa from there.

[dhemholha143]

Thank you very much for the advice.

Does this mean returning with my British spouse is still not a possibility, or best to wait for the outcome of my new application?

[Casa]

Thank you very much for the advice.

Does this mean returning with my British spouse is still not a possibility, or best to wait for the outcome of my new application?

If you travel outside of the UK, you won't have a pending spouse visa application as it will be invalid.

When did your EEA partner leave the UK as your legal right to remain in the UK ceased then. Did you marry your British spouse in the UK?

[dhemholha143]

We got married just a month ago here in the UK.

I have explained things to my wife just so she understands it, we are settling for local trips in uk instead.

Thank you folks

[Casa]

When did your EEA partner leave the UK as your legal right to remain in the UK ceased then.

I'm sorry to say that you may face a refusal of your spouse visa application, as although your EEA EFM permit has an expiry date of March 2020, it became invalid when your partner left the UK. The Home Office will be well aware of this, due to the failed extension application.

Generally you would be expected to apply for a Spouse Settlement visa from outside of the UK.

[CR001]

Also, how did you marry in the UK?? Did you get HO approval after giving notice at an ho approved registry office or did you marry islamically, for example?

[dhemholha143]

Notice of marriage was done through approved HO registry and all vetting done. We'had a registry wedding just a month today