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Hi Guys,

I am new to posting to this forum but was looking for some advice and I would really appreciate any advice I can get.

From 2012-2019 I resided in the Czech Republic as I was studying there. I am a British citizen and am now working in the UK as a doctor. In September 2018 my wife joined me there and we resided together under EU Law (2004/38/EC). We received a sticker visa and we resided together. Subsequently we returned to the UK in July 2019. At that time she entered on a standard 6 month tourist visa as she is an American Citizen. In September 2019 through solicitors, she applied for UK residence card based on the Surrinder Singh Legislation. We received a COA in October and are now still waiting for a decision.

We requested our passports back and received a letter from the Home Office with it.



Now the letter states that if she is to travel outside of the UK, she would need an EEA Family Permit to renter. She already has an application in process for a residence card and due to this I was unsure why she would also need to apply for the permit. The Home Office helpline gave me border force at Heathrow's number and they indicated that there would be no reason why she would be stopped.

My dilemma is that I am still unsure if is safe to travel and if it will be fine. I am a British Citizen and we also have a 3 month old with a British Passport. My solicitor is also advising not to travel, but I assume that is them covering there backs. My other dilemma is that should we travel and her application be rejected for any reason, would her return to the UK will be difficult?

I would appreciate any help and am able to provide any further information!

fazad wrote: ↑

Thu Jan 23, 2020 7:01 pm

Now the letter states that if she is to travel outside of the UK, she would need an EEA Family Permit to renter.

In your case, you can disregard that line. It is a default letter sent to everybody who requests passports back, and it was written with visa-required nationals in mind who, otherwise, would have difficulty boarding a plane and even getting through border control without an entry permit. Your wife being American, she has nothing to fear.

She already has an application in process for a residence card and due to this I was unsure why she would also need to apply for the permit.

She doesn't. Again, if she had a nationality that requires a visa to enter the UK then she would need to. You can say this is the Home Office covering their backs.

My dilemma is that I am still unsure if is safe to travel and if it will be fine. I am a British Citizen and we also have a 3 month old with a British Passport. My solicitor is also advising not to travel, but I assume that is them covering there backs.

It's because for most regular UK visa applications if you do leave the UK your application is considered withdrawn. But this is not the case for the EEA and EU Settlement Scheme routes. Proof of this is the wording the Home Office employs in the letter, admitting your wife can travel outside the UK, and instructions on how to get back in, with no word of any eventual withdrawal of the application.

If you are still unsure, I did this myself, and the application was not withdrawn. I requested our passports back to travel over Christmas back in the day. The application continued and ran its normal course while I was away, and a few days after I came back into the UK, I received my residence card.

My other dilemma is that should we travel and her application be rejected for any reason, would her return to the UK will be difficult?

She's American. Unless she has committed a serious crime and her passport is on Interpol's blacklist, I don't think so.

Also, do bring your marriage certifficate with you and be prepared to show it at border control, if your wife wants to claim entry as your wife, not as a tourist.

It won’t make a difference if we travel outside the EU?

fazad wrote: ↑

Thu Jan 23, 2020 9:07 pm

It won’t make a difference if we travel outside the EU?

The entirety of my answers above were written with travel outside the EU in mind. In other words, everything I said above applies to any travel abroad, out of the UK, regardless of weather it is within the EU or outside of it.

kamoe wrote: ↑

Fri Jan 24, 2020 10:03 am

fazad wrote: ↑

Thu Jan 23, 2020 9:07 pm

It won’t make a difference if we travel outside the EU?

The entirety of my answers above were written with travel outside the EU in mind. In other words, everything I said above applies to any travel abroad, out of the UK, regardless of weather it is within the EU or outside of it.

Thank you very much for your advice. You have been a lot more helpful than my solicitor!

Hello,

I am relatively new posting to this forum.

I am British Citizen and was born in the UK. My wife is a US Citizen and we got married in August 2018. Subsequently we lived in the Czech Republic as I was studying there. At the time she was exercising her treaty rights and lived with me there legally. On our return to the UK she has applied for a UK resident card through an EEA application and we are just waiting for the outcome. It’s been about 5 months waiting and I just wanted to plan a contingency should it be unsuccessful for any reason.

Additionally, we have recently had a child born in the UK who has recently received her British passport. If the EEA application was to be rejected what other visa could my wife apply for? We are planning to go on holiday at the end of this month and I wanted to be assured that I have all the options available on the table.

Thanks for the help and I look forward to hearing back

fazad wrote: ↑

Sat Feb 08, 2020 9:35 am

Hello,

I am relatively new posting to this forum.

I am British Citizen and was born in the UK. My wife is a US Citizen and we got married in August 2018. Subsequently we lived in the Czech Republic as I was studying there. At the time she was exercising her treaty rights and lived with me there legally. On our return to the UK she has applied for a UK resident card through an EEA application and we are just waiting for the outcome. It’s been about 5 months waiting and I just wanted to plan a contingency should it be unsuccessful for any reason.

Additionally, we have recently had a child born in the UK who has recently received her British passport. If the EEA application was to be rejected what other visa could my wife apply for? We are planning to go on holiday at the end of this month and I wanted to be assured that I have all the options available on the table.

Thanks for the help and I look forward to hearing back

Are you travelling to the US?

Keep in mind that US citizens need to enter and leave the US on their US passport, regardless of any other passports they may hold. So, your child will need their US passport to enter and leave the UK and their UK passport to re-enter the UK (you don't want your child to enter as a tourist).

My child doesn’t have a US passport nor do I plan on getting one. I am happy for her going to the USA on a tourist one. We are planning on going to the Middle East. What Visa would my wife apply for should our EEA route not work

I'm puzzled as to how the OP's wife will be readmitted to the UK. She clearly isn't a visitor, and it seems to me that the Immigration Officer could decide that he isn't satisfied that she meets the requirements of the of the Surinder Singh EEA Regulations, even as modified by court rulings. Why can't the IO say he will wait for the caseworker's decision before granting admission?

The US passport may get her to the British border, but doesn't of itself guarantee entry.

She already has an application in process based on the EEA route. She is currently residing in the UK and is doing so legally. We are allowed to travel with a pending application so I’m not worried about that. Have checked with border force. What I wanted advice on was let’s say a worst case scenario that the EEA for some reason was to get rejected (which it shouldn’t) what other visa would she apply for? Spouse visa?

I don't see any better fallback than a spouse visa.

Okay that’s great. Thanks! Hopefully get the residence card sorted soon

fazad wrote: ↑

Sat Feb 08, 2020 11:19 am

My child doesn’t have a US passport nor do I plan on getting one. I am happy for her going to the USA on a tourist one. We are planning on going to the Middle East. What Visa would my wife apply for should our EEA route not work

You misunderstood me. It is not lawful for a US citizen to enter or leave the US on anything but their US passport.

If you don't register your child with the US Embassy, this might go under the radar. Your child may want to apply for a US passport 50 years from now, who knows what will happen until then. You might not want to make this difficult for her.

Why would I need to register the child with the US embassy? She was born in the UK and until the time comes that she wants to I’m not gonna apply for her US passport? Is there a reason why I need to apply for it?

fazad wrote: ↑

Sat Feb 08, 2020 3:13 pm

Why would I need to register the child with the US embassy? She was born in the UK and until the time comes that she wants to I’m not gonna apply for her US passport? Is there a reason why I need to apply for it?

She is a US citizen by descent, isn't she?

If you ever want to visit the US with her ( I assume her mother's family is there?) and you conceal that she is a US citizen, that could indeed create problems in the future.

But really this does not matter to your original question. I've pointed out that you'd be breaking the law/may or may not have trouble entering or leaving the US without her having a US passport, so I'll leave it at that now.

Thanks for your help, I will read up more but I understand where you are coming from.

In regards to my wife’s case do you have any advice?

fazad wrote: ↑

Sat Feb 08, 2020 4:06 pm

Thanks for your help, I will read up more but I understand where you are coming from.

In regards to my wife’s case do you have any advice?

I don't know why her case is taking so long; they can take up to six months.

Have you worked at all while studying in the EU? Part time? During summer break?

No I hadn’t worked there but I’m working now here as a doctor