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eoghan101 wrote:Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

eoghan101 wrote:Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

presido007 wrote:

eoghan101 wrote:Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

it depends what you told HO, did you specifically tell them that you both are going on holiday or did you tell HO that she was travelling back home, because they might think both of you are relocating.

presido007 wrote:
it depends what you told HO, did you specifically tell them that you both are going on holiday or did you tell HO that she was travelling back home, because they might think both of you are relocating.

eoghan101 wrote:Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

EUsmileWEallsmile wrote:

eoghan101 wrote:Hi everyone,

I applied for EEA2 for my wife (a japanese national) in Feb, as we wished to travel in may I requested a return of our passports. I recieved the passports today however a letter was included stating that we would need to obtain another Family permit if my wife wished to return to the uk. Is this correct?
Surely as we are currently both living and working in the U.K we are permitted to take a short holiday.

A non-visa national as in the case of a Japanese should have no significant problems entering the UK or boarding a plane. No family permit would have been required in the first instance.

tom_tom_tom wrote: Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

EUsmileWEallsmile wrote:

tom_tom_tom wrote: Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

Firstly, no-one requires a residence card. The UK chose not to make it mandatory. That said, those who do not have one are more likely to be inconvenienced in terms of being able to demonstrate entitlement to rights under the directive (such as freedom to work).

A visa national would have a much harder time re-entering the UK and traveling to other EU countries. For them, residence cards are a practical necessity.

Residence documents for non-EEA family members of EEA nationals wrote:Do you need to apply?

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

However, you may be inconvenienced if you do not obtain this confirmation, as:

* you may have difficulty proving that you are lawfully resident in the UK;
* if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
* you may find it difficult to obtain or change employment.

tom_tom_tom wrote:

EUsmileWEallsmile wrote:

tom_tom_tom wrote: Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

Firstly, no-one requires a residence card. The UK chose not to make it mandatory. That said, those who do not have one are more likely to be inconvenienced in terms of being able to demonstrate entitlement to rights under the directive (such as freedom to work).

A visa national would have a much harder time re-entering the UK and traveling to other EU countries. For them, residence cards are a practical necessity.

So all the residence card does is proves your right to live and work in the UK?

Legally as long as your EWA family member is exercising treaty rights you can live, enter and work in the UK as often (and for as long) as you like without a residence card/family permit?

EUsmileWEallsmile wrote:

tom_tom_tom wrote:

EUsmileWEallsmile wrote:

tom_tom_tom wrote: Does this mean a non-visa national does not need a residence card too if they are settled in the UK?

Firstly, no-one requires a residence card. The UK chose not to make it mandatory. That said, those who do not have one are more likely to be inconvenienced in terms of being able to demonstrate entitlement to rights under the directive (such as freedom to work).

A visa national would have a much harder time re-entering the UK and traveling to other EU countries. For them, residence cards are a practical necessity.

So all the residence card does is proves your right to live and work in the UK?

Legally as long as your EWA family member is exercising treaty rights you can live, enter and work in the UK as often (and for as long) as you like without a residence card/family permit?

Article 25 of the directive spells this out.

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

tom_tom_tom wrote: ...It’s strange (and seems VERY unfair) that Europeans like me have such an easy time if we want to settle in the UK with our family when compared to people actually from the UK...