Travelling while waiting for EE2 residence card

[SunBlue]

Hi,
I applied for EEA2 residence card in January and I haven't got answer yet. I called them today and asked to send my passport back as I have to travel urgently. All they could say is that they will send in 10 working days.

The thing is: I asked them what happens when I come back to the country. She said I need a visa/endorsement in order to come back. But I said: "But if I get my passport back without the residence card, then what should I do?" They said that I have to apply for a visa in the embassy.

And then I asked if I could show the letter telling that they are working on my application - my application will not be withdrawn, in the EU law I can request it back without withdrawing the application, and she asked me to wait a moment (I am sure she went to ask someone). And then she came back and said: "if you come with the letter only, it will depend on the immigration officer. He will decide if you can enter or not".

My question is: can they let me in with the letter only?

[Docterror]

Well, the answer will depend on a lot of factors.

First, if you are travelling to a country outside the EEA/Switzerland, then the airline will not be even letting you get back on the flight without a valid EEA family permit. By no means should this taken as agreeing that the same cannot happen for trips within the EU as well. But atleast there you have the right to fight under the Directive2004/38/EC.

If you do get past that debacle and do reach the UK, it will depend upon whether you are married or in a civil partnership recognised by the UK or whether you applied as an unmarried partner. Also you will have to prove at the Port of Entry that your partner is either in UK or is travelling with you.

So, theoretically, if you are feeling adventurous enough, take your marriage certificate along with the letter that says that you have applied for the Residence Card and if you keep your EEA partner in the loop at all times, you should be able to pull it off. But practically... well, you should be able to tell us all about it when you are back, right?

[SunBlue]

Hi Docterror,
Thanks for your reply! Very nice of you!
Oh yes, I forgot to mention that I am non-visa national, so in this case the airline wouldn't ask me a visa or anything. And I am intending to travel outside the EU.

If I had time enough, I would apply for a EEA Family Permit in the country. There again that is a dangerous step, isn't it? I mean: let's say that if I come back with a Entry Clearance - would they start counting my clock for the 5 year residence from the point that I enter with an Entry Clearance or will they consider the last 2 years as a dependent of european already living in the UK?

I will let you guys know the next steps. Thanks again!

[Docterror]

There again that is a dangerous step, isn't it? I mean: let's say that if I come back with a Entry Clearance - would they start counting my clock for the 5 year residence from the point that I enter with an Entry Clearance or will they consider the last 2 years as a dependent of european already living in the UK?

Now that was a scenario that I had mulled over for some time now. If you are married, then it is clear... As soon as the 5 years is clocked up residing here, you will be able to apply for the PR and the 2 years prior to that will be included towards the PR.

But what if you have been given the Residence card as an unmarried partner on the basis of 2 years co-habitation. Will such people be able to apply 3 more years after the Residence Card has been issued? Or do they have to wait for 5 years after that? What about the people who were a couple but could not form a Civil Partnership prior to December 2005?

I don't know the answer to that and I am hoping time will answer such questions. Comments and thoughts are welcome though.

[SunBlue]

I see your point! To give a clearer picture I explain my status:
I got into a civil partnership in February 2003 in Germany. In February 2005 we (me and german partner) moved to the UK. At the time, we applied using form EEC1 (now EEA1/2). When we applied, we sent the civil partnership certificate, etc, and also the 2 year proof of cohabitation.
So I was granted a 2 year residence permit (no recourse to public funds), and now it's about to expire and I was advised to use form EEA2 to extend it.

Funnily enough, when I received the 2 year residence permit, I also got a letter saying that after the 2 year period, if the relationship was still existing I would be able to apply for "my time limit to me removed" (as they wrote). But then, I have talked to the Home Office and now as I am considered officially a family member of EEA national I would have to extend for further 3 years.

The person on the phone said that I would be able to apply for ILR as soon as I complete 5 years (even if the residence card is valid for 5 years, I would be able to apply for ILR after 3 years (3+2), but we can never be sure)!

[Docterror]

If you are a non-visa national, already held a 2 year Permit as the family member of an EEA national and hold a letter that states that you are in the process of renewing it, there should be almost no problem when you enter. Also since the Directive is executed retrospectively, you should be eligible for your PR in 3 years time, even if you enter on a new EEA family permit.

Anyways, I wish you all the best.