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Can I return to the UK without an EEA Family Permit?

Posted: Sat Jul 25, 2015 10:42 am
by anneresa
Hello! I'm going to the USA to visit family friends. I leave on 3 August and come back on 20 September. I'm dual nationality - Sweden and Filipino. I am renewing my Swedish passport, but it won't get here in time for 20 September as it was sent back to Sweden for processing. So what I am doing is applying for an EEA Family Permit.

However I am worried on it not going through as I have already applied for an EEA Family Permit before when I was on holiday in the USA from April to June 2014 but it has expired now. I'm sure they would issue the EEA Family Permit, but if not - how can I go back to the UK? Is it enough to show them proof of ties? Or would I definitely need that EEA Family Permit?

I've lived in the UK for nearly 8 years now with my parents. I'm 18 years old, still go to Sixth Form College and am dependent on my parents. I have a permanent right to stay, but I do not have a residence card. All I have are documents for proof like school letters, bank statements, proof of when I arrived in the UK, birth certificate, expired Swedish passport and other family ties.

Another question: Can I apply for the Family Permit before I leave the UK on 3rd August or should I apply for it once I get into the US?
But the main question is: Can I return to the UK without an EEA Family Permit? What documents and proof do I need to show them that I have the right to go through the border as I have indefinite right to reside here?

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sat Jul 25, 2015 3:37 pm
by mgb
The first question is how are you planing to enter the USA on basis of your philippine passport. Did you get a US visa?

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sat Jul 25, 2015 5:12 pm
by secret.simon
Why Family Permit? You sound like you have got PR (the EEA equivalent of ILR). Apply for a confirmation of PR.

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sat Jul 25, 2015 11:11 pm
by anneresa
I have a B2 Visa for holiday, it's valid for 10 years.

Also, I'm assuming you mean Permanent Residence visa. I would apply for that but I have not got enough time. I leave on August 3rd and my departure from LAX is September 20th. How should I go about without an EEA Family Permit?

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sat Jul 25, 2015 11:38 pm
by mgb
Do you own a valid national ID Card issued to nationals of Sweden.

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sun Jul 26, 2015 8:38 am
by anneresa
mgb wrote:Do you own a valid national ID Card issued to nationals of Sweden.
I don't own one unfortunately. I could apply for it... But would that benefit my chances of getting in?

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sun Jul 26, 2015 10:35 am
by secret.simon
At the airport, if you can prove that you are an EEA citizen, the Immigration Officer must allow you through. You do not need a passport, just proof that you are a Swedish citizen.

Many EEA Citizens tend to use their national identity cards rather than passports. So, if you are a Swedish citizen, a Swedish national identity card is sufficient to enter the UK.

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sun Jul 26, 2015 12:52 pm
by anneresa
secret.simon wrote:At the airport, if you can prove that you are an EEA citizen, the Immigration Officer must allow you through. You do not need a passport, just proof that you are a Swedish citizen.

Many EEA Citizens tend to use their national identity cards rather than passports. So, if you are a Swedish citizen, a Swedish national identity card is sufficient to enter the UK.
That's all I need? I can show them my Filipino passport, and my Swedish National ID card and I'll be able to board my flight? Last time I was in LA I got denied entry to the UK when I showed my expired Swedish passport, I didn't have a valid ID to show I was Swedish. No residence card either.

But what you're saying is showing an EEA National ID card is enough to enter the UK?

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sun Jul 26, 2015 1:49 pm
by Casa
It may not be enough to convince the airline that you should be permitted to board in the US on the return journey. Carriers face substantial fines if a passenger is refused entry and are therefore wary of making an error of judgement.

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sun Jul 26, 2015 2:19 pm
by anneresa
So Casa, what other documents can I use to show them I'm Swedish, along with a national ID card?
I have a birth certificate, expired Swedish number and a person ID number. I also have proof of when I arrived in the UK stamped on my expired Swedish passport. I have proof of ties to England e.g. Bank statements, school letter (as I am 18years old and go to sixth form) work holiday letter, payment slips.

How else do I go about this?

Re: Can I return to the UK without an EEA Family Permit?

Posted: Sun Jul 26, 2015 2:23 pm
by mgb
You can enter the UK on basis of a EEA passport or a ID card from a EEA country.
You don't own a swedish ID card and therefore you missed your second chance.
It guess the waiting period for a new ID card is the same than for a passport.
I think you need a family permit or you don't get a boarding card for a flight to the UK.