Must Travel During EEA(FM) Application Process

In August I submitted an EEA(FM) application, which is still being considered. I made the application because I need a biometric card in order to apply for settled status with my husband. My husband is an EU national (I am Canadian) and we have been living together in the UK for nine years.

Because of my work, however, (I've have been working eight of my nine years in the UK, save for one year as a student), I need to travel for one week to Germany.

Using the Home Office's online document request form, I requested my passport be returned to me, and have just received it in time. On the paper that accompanied my document, it says:

'If you have requested a return of a passport in order to travel, please note that family members of an EEA national, who are not themselves EEA nationals, wishing to return to the United Kingdom should apply for an EEA family permit before returning.'

This has me quite worried. I am unfamiliar with this permit. I have a 'Residence Card of a Family Member of an EEA National' in my old passport (which I still have), though this expired in 2018. I do have confirmation from the Home Office of my EEA(FM) application being in process.

What will happen if I do travel? Do I need to get this 'family permit'? Will I be able to return after my week away? Many thanks for your help and advice.

ApLime wrote: ↑

Mon Nov 04, 2019 1:04 pm

'If you have requested a return of a passport in order to travel, please note that family members of an EEA national, who are not themselves EEA nationals, wishing to return to the United Kingdom should apply for an EEA family permit before returning.'

As the direct family member of a EU national, you have the right of entry in the UK as long as your EU family member is here.

But... airlines do not always honor this right, and there have been multiple reports on this forum of people from visa-required countries, who have been denied boarding planes because they did not have a EEA document. So, the Family Permit is advised specially for those nationals who require a visa to enter the UK, specially to avoid any issues when boarding the plane, but also to prove their status at immigration.

In your case, since Canadian nationals are not required a visa to enter the UK, you are unlikely to face any issues. Worst-case scenario, you could always enter the UK solely on the strength of your Canadian passport (less fortunate nationalities don't have that luxury).

This has me quite worried. I am unfamiliar with this permit.

This permit is the document issued for non-EU family members of EU nationals for their first visit to the UK, to allow for a smooth entry before they apply for a Residence Card. If you obtained your residence card within the UK, you are unlikely to ever have had to apply for this.

What will happen if I do travel?

Likely nothing out of the ordinary. If at immigration you declare that you live and work in the UK as the family member of a EU national, you might be required to show your marriage certificate and maybe your husband's passport/national ID; but as I said, your nationality is unlikely to cause you any trouble.

Also, as a Canadian national, you can always use eGates if you meet the criteria, which do not require you to even talk to an immigration official, hence avoiding altogether the dilemma of choosing between your EU family status or entering as an ordinary overseas visitor.

Do I need to get this 'family permit'?

No. You could get one, but this is not absolutely necessary in your case. Even if this was your first visit to the UK, and even if you did not use the eGates, in the worst-case scenario described above, marriage certificate + proof of his ID would do the trick. Being the most pessimistic possible, you could also bring proof of his residence in the UK, like the latest Council Tax, or a recent work certificate, but... I'm thinking, this would be very unlikely needed.

Will I be able to return after my week away?

Yes

Many thanks for taking the time to write such a comprehensive answer, Kamoe. That is very helpful and reassuring, as that letter I received (and the whole process) can be so confusing.

As my husband's passport and our marriage certificate is still with the Home Office as part of our EEA(FM) application, I will bring a council tax letter just in case (and photos of the documents). I hadn't realised as a Canadian I could use the e-gates, so that's helpful to know, as well.

Thanks so much.