Urgent: Travelling while waiting for Residence Card

Hello,
I am a US citizen married to an Irish citizen and living in the UK. I am due to travel home next week for 5 days and waiting on my UK residence card. I got my passports back yesterday with a letter stating that I need to apply for another EEA family permit (as mine is now expired) while I am gone for entry back into the country. First, I will not have time to do this being back in the USA for only a few days, and second, why do I need to do this if I have applied for a residence card?

Would I not be allowed back in if I leave to go home for a few days? It's my understanding that the residence permits are "not needed" to be here as the uk.gov site says, and I am legally allowed to stay and work here after my permit expired, so will this not allow me back in.

I will have documentation saying that my application is in the home office, along with my passport, marriage certificate, and certified copy of his passport. Would this be enough to allow reentry?

Has anyone been in this situation? Please let me know.

Brittanybroussard wrote: ↑

Fri Mar 01, 2019 9:01 am

I am a US citizen married to an Irish citizen and living in the UK. I am due to travel home next week for 5 days and waiting on my UK residence card. I got my passports back yesterday with a letter stating that I need to apply for another EEA family permit (as mine is now expired) while I am gone for entry back into the country.

This is the standard letter they send, in case the applicant is a citizen that ordinarily requires a visa to enter the UK.

First, I will not have time to do this being back in the USA for only a few days, and second, why do I need to do this if I have applied for a residence card?

Would I not be allowed back in if I leave to go home for a few days? It's my understanding that the residence permits are "not needed" to be here as the uk.gov site says, and I am legally allowed to stay and work here after my permit expired, so will this not allow me back in.

This can happen, but it is not the norm. See the unfortunate case of another member of this forum who is locked out of the UK, here.

The problem is that although you have the right to be in the UK, airlines do not always allow boarding, as they follow their own regulations, which are stricter than UK border controls, to avoid getting a fine in case there is a traveller who is found to be illegally entering the UK. Given you are a US citizen, who, even if not married to a EU citizen, and even without a pending RC application, would not require a visa to enter the UK, you will not have this problem.

I will have documentation saying that my application is in the home office, along with my passport, marriage certificate, and certified copy of his passport. Would this be enough to allow reentry?

You will be fine.

Adding further to kamoe's response, keep in mind that if you plan to enter the UK at the airport border under the EEA Regulations, you would need to carry proof that you are the direct family member of an EEA citizen resident in the UK who is either exercising treaty rights or holds PR.

So, if you do not have a Family Permit or a Residence Card, you may want to carry your marriage certificate, your Irish husband's latest P60/salary slips and possibly have him wait in the airport lobby in case the Border Force want to check your story further.