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Can i travel to europe with a Certificate of Application(COA
Posted: Tue Sep 13, 2011 9:49 am
by lejuB
Hello, is it possible to travel to an european country with my EU wife with only a COA and a marriage certificate while my application is still being processed.
Any advice will be greatly appreciated.
Thanks in advance.
Posted: Tue Sep 13, 2011 10:06 am
by 86ti
Are you a visa national?
Posted: Tue Sep 13, 2011 10:08 am
by lejuB
Yes i am a visa national. Wanting to apply for a residence card.
Posted: Tue Sep 13, 2011 10:21 am
by 86ti
Your first problem will be the
visa to enter the EU country. If it is the home country of the EEA national then most likely an entry visa will be required. On return you would need to convince the carrier that the CoA confers EEA rights to you. Alternatively you may want to apply for an EEA family permit while abroad.
Posted: Tue Sep 13, 2011 10:45 am
by lejuB
I would have thought as a family member of an eu national, no visa would be required.
I will check with my wife's embassy. Maybe if a trvel document can be issued.
What about re-entering the uk when EEA2 application is still being considered. Would that be a problem.
Posted: Tue Sep 13, 2011 10:56 am
by Punjab
mate dont you go there... you definately need a travel document....
you are not a stateless person...
Posted: Tue Sep 13, 2011 11:12 am
by 86ti
lejuB wrote:I would have thought as a family member of an eu national, no visa would be required. I will check with my wife's embassy.
Only if a residence card is held or as per the link above. But as it is obviously your wife's country you want to visit you must be aware that many European countries try to limit immigration as much as possible and an attempt to enter without a visa could be seen as trying to circumvent national immigration regulations and thus might be considered illegal with all consequences.
lejuB wrote:What about re-entering the uk when EEA2 application is still being considered. Would that be a problem.
The UKBA border staff should understand the meaning of the CoA. Nevertheless it may be a good idea to carry documents to prove that point.
Posted: Tue Sep 13, 2011 11:24 am
by Jambo
lejuB wrote:What about re-entering the uk when EEA2 application is still being considered. Would that be a problem.
As stated, you should have no problem entering the UK with CoA. The main issue would be convincing the airline to board the flight.
Posted: Tue Sep 13, 2011 11:28 am
by lejuB
I read a post a few months ago about someone that was able to travel to columbia(i think). But they had to do a bit of waiting(explaining) at the airports. Unfortunately i can't find the actual post.
If it's too risky, then it's probably not worth it. But will call the embassy and confirm though.
Posted: Wed Sep 14, 2011 4:03 pm
by fysicus
As I understand from the Brax-arrest: if you travel together and have sufficient proof of the family relationship (marriage certificate, translated in the appropriate languages if necessary) you will not be refused entry by immigration officers (border guards) of any EU country, but you should be prepared for some delays and perhaps heated discussion. For visiting your wife's country it will also help to have evidence of her exercising treaty rights in the UK.
Convincing airline staff of the same can be a challenge, as pointed out by various earlier comments.
Also carry a print-out of the relevant legislation, like EU directive 2004/38.
Of course you always need a passport when travelling! If your passport is currently with UKBA, because of the RC application, you have to request it back first.