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Can Use my second Passport to travel while UKBA holds 1st ?

Posted: Thu Nov 29, 2012 12:34 pm
by marrix
Hello !

I am a Turkish and USA national, married to a Spanish citizen who is exercising EU treaty rights in the UK, and I am currently applying for a EEA2 residence card using my Turkish passport. The application is in progress and my Turkish passport is currently with the UKBA. I have the American passport with me. I entered the UK using my Familiy Permit Visa that is attached to my Turkish passport.

I would need to travel in the coming weeks and I was wondering whether using my USA passport would affect my application in any way or cause any trouble.

Thanks in advance

Posted: Thu Nov 29, 2012 2:05 pm
by sofia.d.c
Your problem would be entering the UK - essentially you'd have to lie and say you were visiting the UK on vacation, and then they could check up on your file and might discover you're lying, which could lead to a world of trouble. Best just to request your Turkish passport back.

Posted: Thu Nov 29, 2012 2:09 pm
by Directive/2004/38/EC
sofia.d.c wrote:Your problem would be entering the UK - essentially you'd have to lie and say you were visiting the UK on vacation, and then they could check up on your file and might discover you're lying, which could lead to a world of trouble. Best just to request your Turkish passport back.
This is very very incorrect. There is no need to lie.

You can come and go as you wish on the US passport. If questioned you should always make very very clear that you are the spouse of an EU citizen who is working in the UK. I would suggest you travel with a copy of your other passport and of your marriage certificate.

When you are travelling with or joining your spouse in the UK (or any other EU member state) you have an almost absolute right to enter. It does not matter which passport you enter on. See the law at http://eumovement.wordpress.com/2010/08 ... to-travel/

Posted: Thu Nov 29, 2012 2:15 pm
by Jambo
I agree. Just explain at the border why you use your other passport and carry your marriage certificate (or CoA if you got it already) with you.

In fact, if you hold a US passport, you could have just moved to the UK. You didn't really needed to apply for EEA Family Permit. See Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit.