Arriving in UK on EEA2 Residence Card

Eu citizen and non-EU family member have the same rules.

I know of no rules which allows absences of more than 6 months for work. I would love links or references to rules that I do not know about.

Directive/2004/38/EC wrote:Eu citizen and non-EU family member have the same rules.

I know of no rules which allows absences of more than 6 months for work. I would love links or references to rules that I do not know about.

Maybe Regulation 3(2)(c).

(c) any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

Maybe you are right. Overseas "overseas posting" certainly suggests work, though is not a very general way of talking about it.

Just an update on traveling on eea2 card. Ryanair from Luton airport no problem at all just had to get my boarding pass stamp from the check in staff. On arrival in Spain went to the EU queue with my wife and presented her id and my passport together no question at all and immigration officer did not stamp my passport either.


On the way back from spain same procedure had to get my boarding stamp first from Ryanair staff and then before boarding Immigration officer checked eea2 card, no question did not stamp my passport.

Upon arrival in UK went straight to the the Eu queue immigration officer scanned passport and my wife id and gave it back to me no question and did not stamp my passport. So overall very smooth no problem at all.

You could post your success story in this thread

http://www.immigrationboards.com/viewtopic.php?t=121856

Just thought I'd share my experience coming back to the UK few days ago.
On arrival at Gatwick, I went straight to UK/EU queue.

IO: Are you sure you don't need landing card?
Me: Yes I'm sure.
IO: Why?
Me: Because I've got a residence card.
IO: How did you qualify for this?
Me: I am married to an EU citizen.
IO: Is she here in the UK?
Me: Yes she is.
IO: Okay welcome back.
Me: Thank you
No stamp placed on my passport.

matt234 wrote:Just thought I'd share my experience coming back to the UK few days ago.
On arrival at Gatwick, I went straight to UK/EU queue.

IO: Are you sure you don't need landing card?
Me: Yes I'm sure.
IO: Why?
Me: Because I've got a residence card.
IO: How did you qualify for this?
Me: I am married to an EU citizen.
IO: Is she here in the UK?
Me: Yes she is.
IO: Okay welcome back.
Me: Thank you
No stamp placed on my passport.

Welcome home! And thanks for sharing an example of everything working smoothly the way it should.

Hi, I'm out of UK for almost a year now (so is my British husband). My residence card is valid until 2019 though I understand it's invalid when you are out of the country for so long.

We'll be returning to UK again during Xmas... wondering what would be our worst case scenario at the immigration (Manchester) - deportation?

I'd normally apply for a visit visa.. but timing is not quite in our favour as we are relocating to another country.

Thanks for all comments.
Pat

thewhittaker wrote:Hi, I'm out of UK for almost a year now (so is my British husband). My residence card is valid until 2019 though I understand it's invalid when you are out of the country for so long.

We'll be returning to UK again during Xmas... wondering what would be our worst case scenario at the immigration (Manchester) - deportation?

Normally Residence Cards are not issued to spouses of British citizens. Do you have that? Or do you have permanent Residence? Was your British husband working in the EU previously? What is your citizenship?

Directive/2004/38/EC wrote:

thewhittaker wrote:Hi, I'm out of UK for almost a year now (so is my British husband). My residence card is valid until 2019 though I understand it's invalid when you are out of the country for so long.

We'll be returning to UK again during Xmas... wondering what would be our worst case scenario at the immigration (Manchester) - deportation?

Normally Residence Cards are not issued to spouses of British citizens. Do you have that? Or do you have permanent Residence? Was your British husband working in the EU previously? What is your citizenship?

Hi, thanks. I am Non EEA - and I got my RC via Surinder route. ( We lived in Spain before applying for EEA Permit/ and then RC)

My husband and I (and our son) is out of UK for almost a year now.

Your rights under Sing do not expire. If travelling with your husband you should be admitted on arrival.

What passport do you travel on?

Directive/2004/38/EC wrote:Your rights under Sing do not expire. If travelling with your husband you should be admitted on arrival.

What passport do you travel on?

Many thanks. I'll be travelling on my Thai passport while my husband & son will be travelling on UK ones.

We are not intending to reside in UK though as my husband will be on the job in Middle East, will that be a problem?
I also have a new passport, will that be a problem too?

If anything at all, what would be the worst case? Will I be deported or banned?

Where you plan to live in the future is not relevant for this discussion.
Will you be travelling together with your husband to the UK?
How will you be travelling to the UK?
If you want to fly, then I suspect you will be refused entry to the plane unless you have some sort of UK visa.

Directive/2004/38/EC wrote:Where you plan to live in the future is not relevant for this discussion.
Will you be travelling together with your husband to the UK?
How will you be travelling to the UK?
If you want to fly, then I suspect you will be refused entry to the plane unless you have some sort of UK visa.

We will be travelling together, likely to be flying from Dubai.

I've got an A4 sheet - Immigration Status Document, isn't it enough to show the airline?

Thanks a lot for your comments.

OK, so you there are a couple of issues in play here.

You are the family member of an UK citizen who has worked elsewhere in the EU. So you are covered by the ECJ case of Singh. You have the right to be treated as the spouse of an (non-UK) EU citizen now and in the future, so long as you are entering the UK with your spouse.

ECJ MRAX also applies in this case. So if you happen to not have a "needed visa" then then they still have to admit you (see http://eumovement.wordpress.com/2010/08 ... to-travel/ )

You need to get on the airplane. An immigration status document with a date which is not expired may well do that.

Finally you need to present yourself at the border for entry into the the UK. Remember that all UK immigration officals have detailed records of your history, so they should be able to see that you are covered by Singh. But it is worth to travel with your marriage certificate and proof that you were previously covered by Singh.

If my husband gets a RC via SS route, why would it be a problem boarding the plane with a A4 paper RC? Also, do I need to be travelling with him every time?!
I was under the impression the rules were the same for RC issued for a spouse of an EU and RC issued via SS route.

Jellybean105 wrote:If my husband gets a RC via SS route, why would it be a problem boarding the plane with a A4 paper RC?

As long as the A4 paper RC has not expired, I would expect that travelling with it should be the same experience as you have had previously travelling with it. Personally I would expect no problem.

[quote="Jellybean105"Also, do I need to be travelling with him every time?!
I was under the impression the rules were the same for RC issued for a spouse of an EU and RC issued via SS route.[/quote]
The rules are the same. If you were living in the UK, you could come and go as you wished.

If your residency is interrupted by periods of more than 6 months, then your RC is technically invalid even though the expiry date is not past.

In that case you will be making need to enter the UK together. The MRAX link explains.

I have sent you a private message. Please check if you can see it.

Directive/2004/38/EC wrote:OK, so you there are a couple of issues in play here.

You are the family member of an UK citizen who has worked elsewhere in the EU. So you are covered by the ECJ case of Singh. You have the right to be treated as the spouse of an (non-UK) EU citizen now and in the future, so long as you are entering the UK with your spouse.

ECJ MRAX also applies in this case. So if you happen to not have a "needed visa" then then they still have to admit you (see http://eumovement.wordpress.com/2010/08 ... to-travel/ )

You need to get on the airplane. An immigration status document with a date which is not expired may well do that.

Finally you need to present yourself at the border for entry into the the UK. Remember that all UK immigration officals have detailed records of your history, so they should be able to see that you are covered by Singh. But it is worth to travel with your marriage certificate and proof that you were previously covered by Singh.

Thanks a lot. We'll do just that.

Update:
I arrived and went through immigration without any problem.

Though the officer was unsure, asking another officer about my RC, all was well. I think she was not sure cuz my husband is British.

Just wanted to thank to those who shared their experience, its been very helpful and I also want to share my positive experience arriving at the UK airport as well.

I arrived to Stansted from Poland alone, and queued straight to the UK/EU passport line.

IO saw my passport, said "was in wrong queue", so I told him "oh I got a residency card".

He said "oh", took my passport with my residency card, scanned a few pages and asked me "how did you qualify for this residency card", so I answered him "unmarried partnership".

He gave me my passport back right away without any question afterwards and let me pass, no fuss and no delay.

Hope this helps, arriving at the UK is not a problem at all if you have your residency card.