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Going on holiday while EEA2 application is processing

Posted: Thu Dec 13, 2012 7:47 am
by imlou
Hey guys,

I'm planning on going to my girlfriend's parent's place in Germany for Christmas next week and wanted to know what to expect at the border on the way back.

I'm from New Zealand and I applied for an EEA2 Family permit in July (based on my relationship with my German gf), and am waiting for it to process. I'll be travelling with my girlfriend on the way back, but from my experience of going on holiday this past weekend I may find some difficulties.

I've lived and worked in the UK for the past 2 years (working holiday visa), and I went to Austria for the weekend and on the way back got a bit of a telling off and he said he could send me back to Austria! My certificate of application is quite old now as it was issued in october. The border agency was closed when I arrived so he couldn't call them up and check my status...

I called up the border agency and they couldn't help me at all - weren't willing to send a letter with an update that I could show to people on the border, and didn't really know what I could do.


Does anyone know what to expect on my way back from Germany? Are they going to send me back? Are they going to be kind and let me back in? It's only for a week, so following their advice and getting applying for a "EEA family permit at a British diplomatic post before returning to this country" is impractical.


Thoughts? Experiences?

Posted: Thu Dec 13, 2012 8:56 am
by Jambo
It's a bit more complex as you are not married and don't have automatic residence rights.

A two months old CoA is not old. It is valid for six months. It is not your fault it takes ages for the HO to handle European applications.

You would probably going to be told off again but I don't think they will deny entry although there is always the risk of it happening.

Posted: Thu Dec 13, 2012 9:23 am
by flipper77
imlou,

As a NZ citizen, aren't you considered a non-visa national? Is the problem that your WHV has expired?

Posted: Thu Dec 13, 2012 11:40 am
by sofia.d.c
Hey Imlou, can you post how you requested your passport back and the timeline in this forum please? http://www.immigrationboards.com/viewto ... 5dc025049d

Posted: Fri Dec 14, 2012 3:51 pm
by imlou
flipper77 wrote:imlou,

As a NZ citizen, aren't you considered a non-visa national? Is the problem that your WHV has expired?
Nope... need a visa to get in! We can get in for holiday alright, but anything else and we're the same as anyone else that's non-eu

Re: Going on holiday while EEA2 application is processing

Posted: Sat Dec 15, 2012 11:41 am
by Directive/2004/38/EC
imlou wrote:I've lived and worked in the UK for the past 2 years (working holiday visa), and I went to Austria for the weekend and on the way back got a bit of a telling off and he said he could send me back to Austria! My certificate of application is quite old now as it was issued in october. The border agency was closed when I arrived so he couldn't call them up and check my status...
Who is "he" who said he could send you back to Austria? Odd!

And the border agency was closed???? Not a chance!

Re: Going on holiday while EEA2 application is processing

Posted: Sun Dec 16, 2012 4:24 pm
by imlou
Directive/2004/38/EC wrote:
imlou wrote:I've lived and worked in the UK for the past 2 years (working holiday visa), and I went to Austria for the weekend and on the way back got a bit of a telling off and he said he could send me back to Austria! My certificate of application is quite old now as it was issued in october. The border agency was closed when I arrived so he couldn't call them up and check my status...
Who is "he" who said he could send you back to Austria? Odd!

And the border agency was closed???? Not a chance!
He - I mean the guy at the border control. I don't know exactly who he was calling - I assume it was the border agency home office (http://www.ukba.homeoffice.gov.uk/).

Anyway, he didn't seem to have access to any info about my residence card application - said I should get a letter with an update of my application, but whenever I've called the home office they keep saying they can't do that unless I've gone past the 6 month period...!