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My husband forgot his uk residence card IN the UK!

Posted: Fri Aug 23, 2013 11:51 pm
by sofia.d.c
Hi everyone,

I haven't posted on this forum for ages since my husband got his RC on an a4 sheet of paper back in march. However, he has forgotten this piece of paper at our home in the uk, and now we're in Berlin for the weekend. We both have Canadian passports, and I also have my Italian. We don't have our marriage certificate or anything like that handy since he was obviously just supposed to bring his RC... What do we do when we get to the uk border on Monday?! He has a job in London so I don't want him to lie and just say he's visiting... But will they let him in with only a Canadian passport? Will we get held up?

I'm quite anxious about this... Do you think having a scan of his RC might come in handy? Or is it useless?

Thanks for any help!!

Posted: Sat Aug 24, 2013 12:13 am
by vinny
Enter under 11(4).

Posted: Sat Aug 24, 2013 1:28 am
by sofia.d.c
Isn't there a way of just getting in if the ukba has our marriage/his RC on file? Otherwise we'll be up all night with me going to and from the airport...

Posted: Sat Aug 24, 2013 1:54 am
by vinny
I would hope that they will check if his records are on file.

Posted: Sat Aug 24, 2013 4:42 pm
by Plum70
sofia.d.c wrote:Isn't there a way of just getting in if the ukba has our marriage/his RC on file? Otherwise we'll be up all night with me going to and from the airport...
I believe that the UKBA officers will at least have access to your husband's RC on the system.

I do not think you will have any major hassles getting in. Follow Vinny's advice and if asked, provide any copies of his RC/marriage certificate that you may have when you both arrive at the border.

In the meantime have a lovely time in Berlin. It is such an enthralling city and I am itching to be there again with my OH next month! ;-)

Viel Glück und Spaß!

Posted: Sat Aug 24, 2013 4:49 pm
by sofia.d.c
Hi Plum! Thanks for your response!! I will get the people staying at my apartment to take a photo of his RC for me. It might be too hard for them to find our marriage cert...

As for Berlin - amazing!! Any bar/dinner suggestions?

Thanks again for making me feel better!

Posted: Sun Aug 25, 2013 1:14 pm
by Plum70
sofia.d.c wrote:Hi Plum! Thanks for your response!! I will get the people staying at my apartment to take a photo of his RC for me. It might be too hard for them to find our marriage cert...

As for Berlin - amazing!! Any bar/dinner suggestions?

Thanks again for making me feel better!
Bitte sehr! I'll p.m you a few places I know.

Posted: Sun Aug 25, 2013 2:06 pm
by vinny
TV tower.

Checkpoint Charlie is worth visiting, but it's not a bar/dinner.

Posted: Sun Aug 25, 2013 6:19 pm
by sofia.d.c
Thanks guys!

Any more word on my husband having forgotten his RC though? Just got a couple of scans of it in... Hoping we don't have to be at the airport all night!!

Posted: Sun Aug 25, 2013 7:24 pm
by Plum70
vinny wrote:TV tower.

Checkpoint Charlie is worth visiting, but it's not a bar/dinner.
I see Vinny beat me to it! Check your private messages. :wink:

Look forward to reading how you fared at the border.

Posted: Sun Aug 25, 2013 10:48 pm
by EUsmileWEallsmile
Have you read article 5.4 of directive 2004/38/ec. If not read it, comply with it, enjoy it.

Posted: Mon Aug 26, 2013 1:32 am
by sofia.d.c
I can't find that provision, probably because all I have on this trip is my phone and it's tough to look things up! Not trying to be lazy, but What does it say? Your help is Much appreciated, thank you!

Posted: Mon Aug 26, 2013 4:51 am
by askmeplz82
sofia.d.c wrote:I can't find that provision, probably because all I have on this trip is my phone and it's tough to look things up! Not trying to be lazy, but What does it say? Your help is Much appreciated, thank you!

4. Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.


5.5 Procedures when no EEA family permit or residence card is held

5.5.1 Admission of family members who are unable to produce a valid
passport, family permit or residence card

Border Force officers will need to assess whether or not a person qualifies for admission under the EEA Regulations in the above situations. Ports should take particular note of the guidance on those who seek admission under the extended family member provisions as dependents relatives and as family members of an EEA national with whom they have a “durable relationship” (unmarried partner); the relevant criteria in Part 8 of the Rules (excluding entry clearance) should be used to make a decision on whether or not to admit under EEA Regulations. Unlike immediate family members the EEA Regulations allow for an “extensive examination of the personal circumstances” of extended family members.

Posted: Mon Aug 26, 2013 9:47 am
by fysicus
I think this is a non-issue, totally blown out of proportion. As a Canadian you can enter the UK without any problem, and if that requires you to say that you are just visiting, so what? Any stamp or remark put in your passport is irrelevant because it is overruled by your RC.

sofia.d.c should just have enjoyed Berlin with her husband, instead of panicking like crazy!

Posted: Mon Aug 26, 2013 9:52 am
by sofia.d.c
I am enjoying myself, thanks, but obviously I don't want him to
Lie to the ukba this time around and then wind up paying for it in the future!

Posted: Mon Aug 26, 2013 4:11 pm
by Plum70
I think Fysicus' intention was not to encourage the use of deception or lies but to reassure you that there will/should not be any issues re-entering the UK in any capacity - especially as you both have rights of residence - such that it is irrelevant what reasons you present to the IO at the border.

Posted: Mon Aug 26, 2013 11:46 pm
by Directive/2004/38/EC
The Residence Card is merely a confirmation of rights your husband has already. You are not required to carry it. UKBA has all the details in their system. He can not be refused entry.

It would be a problem if you had a passport from a country which required a visa to travel. But with a Canadian passport, you can just get on the plane together.

Re: My husband forgot his uk residence card IN the UK!

Posted: Tue Aug 27, 2013 1:29 am
by askmeplz82
sofia.d.c wrote:Hi everyone,

I haven't posted on this forum for ages since my husband got his RC on an a4 sheet of paper back in march. However, he has forgotten this piece of paper at our home in the uk, and now we're in Berlin for the weekend. We both have Canadian passports, and I also have my Italian. We don't have our marriage certificate or anything like that handy since he was obviously just supposed to bring his RC... What do we do when we get to the uk border on Monday?! He has a job in London so I don't want him to lie and just say he's visiting... But will they let him in with only a Canadian passport? Will we get held up?

I'm quite anxious about this... Do you think having a scan of his RC might come in handy? Or is it useless?

Thanks for any help!!

it's already Tuesday ; i am sure u both r back