entry to UK when EEA spouse is in home country for a visit

hi there lovely people,

need your valuable opinion regarding this situation please.
non-eea and eu spouse are both working and living in UK with eu spouse exercising free movement rights in the UK.
non-eea is now visiting home country of India but when she would return to UK, the EU family member would be in home EU country for family visit as well. under these circumstances, would the non-eea family member be allowed to enter UK as the eu family member wont be here? are there going to be any likely issues at the port of entry.

asif2133 wrote: ↑

Fri Nov 23, 2018 8:46 am

hi there lovely people,

need your valuable opinion regarding this situation please.
non-eea and eu spouse are both working and living in UK with eu spouse exercising free movement rights in the UK.
non-eea is now visiting home country of India but when she would return to UK, the EU family member would be in home EU country for family visit as well. under these circumstances, would the non-eea family member be allowed to enter UK as the eu family member wont be here? are there going to be any likely issues at the port of entry.

No issues, you are free to enter the country

thanks mamalicious187. is there any relevant regulation under eu/uk law that you could point me to please.

tbh i have found the officers at the port of entry lacking basic knowledge about eu immigration regulations. last time, there was one who was adamant to put an entry stamp in the passport of non-eea national returning from a visit to eu and entering uk as the holder of an article 10 residence card.
we had to explain the law to him and only after speaking to his supervisor on phone, he eventually did not put entry stamp.

asif2133 wrote: ↑

Sat Nov 24, 2018 12:41 pm

thanks mamalicious187. is there any relevant regulation under eu/uk law that you could point me to please.

tbh i have found the officers at the port of entry lacking basic knowledge about eu immigration regulations. last time, there was one who was adamant to put an entry stamp in the passport of non-eea national returning from a visit to eu and entering uk as the holder of an article 10 residence card.
we had to explain the law to him and only after speaking to his supervisor on phone, he eventually did not put entry stamp.

I do not have a particular regulations to point you to however, my personal experience is sufficient.

I and my EU Family member travel a lot and on more than one occasion I have entered the UK while they were not present in the UK

If you are asked where the EU Citizen was simply give them accurate details about their trip and when they would be back, as long as you are in possession of a residence card you are entitled to be admitted into the country if the EU Citizen is still resident in the UK

Also, what entry stamps do you require to enter the country?

Family member do not need any stamps to enter the country so please elaborate on what you referring to