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Guys I will be very thankful to you all for the advice.

My wife and me are travelling to hungary for christmas vaccatrion. My wife will be coming back in January as she has more holidays but I will be coming back on 28th December 2011. I have read that the IO will only admitt you inside the UK if your partner is here already. I have UK residency document or eea 2

Now what can I do? Do I need to apply for a new enterance clearence visa or shall I take photocopies of my wife’s way back ticket?
Many thanks guys.

You are fine. Don't worry.

There is no requirement for the EEA national to be physically present in the UK every time you enter. You might be asked on the whereabouts of your wife by the IO and a "she took a longer holiday and will return to her job in the UK in a few days" is good enough answer.

Many Thanks
Jambo

ANY OTHER COMMENTS PLEASE

Punjab wrote:ANY OTHER COMMENTS PLEASE

do not make it more complicate, i think Jambo answer is all you need.
just tell them true as Jambo said

You might be asked on the whereabouts of your wife by the IO and a "she took a longer holiday and will return to her job in the UK in a few days" is good enough answer.

but i have read forums here in this website where eea2 was cancelled because the sponsor was not physically in the UK.
i havent receive any email from home office yet so thats why i need help from you guys..

ta

There is one case where somebodies Residence Card was cancelled because his EU wife is working and living now in continental Europe and had been gone for more than 6 months.

But you will have no problem so long as your wife has not been gone for more than 6 months. I have written out some material which may help clarify: http://eumovement.wordpress.com/2011/09 ... eed-to-do/

Relax and enjoy the snows of Christmas!

Many Thanks everyone for your help.

HI GUYS JUST ME AGAIN

JUST A VERY QUCIK QUESTION AS I NEED TO BOOK TICKETS TOMRROW..

SO MY WIFE WILL BE STAYING IN HUNGARY FOR BIT MORE DAYS MAY BE A WEEK AFTER ME.

NOW WE ARE MARRIED SINCE 06 AND IN DEC WE WILL BE MARRIED FOR 5 YEARS. NOW I READ THAT YOU DONT HAVE TO APPLY FOR PR AND EVEN IF YOU ARE PR THEN YOU ARE NOT DEPENDEDNT ON YOUR EU SPONSOR TO BE PHYSICALLY PRESNT IN THE UK.

NOW HOW CAN I PROVE THIS ON THE AIRPORT IF IO WILL ASK ME WHERE IS MY WIFE?

MANY THANKS

Try not to complicate things or you will spend hours in the airport on your way back.

You have a legal right to enter the UK. You have a document confirming that. Tell them your wife is returning in a few days and enter the country.

Sort out your PR when you are home not at the airport.

Jambo wrote:Try not to complicate things or you will spend hours in the airport on your way back.

You have a legal right to enter the UK. You have a document confirming that. Tell them your wife is returning in a few days and enter the country.

Sort out your PR when you are home not at the airport.

Hi Jambo thanks for your reply.

first thing what is SAGE ( under your name)
second thing do you think showing pay slips of my wife and marrige certificate will be ok?

Thanks

first thing what is SAGE ( under your name)

My rank. It's one above "member of standing".

second thing do you think showing pay slips of my wife and marrige certificate will be ok?

OK for what? You have a valid RC. Why do you need to show anything else?
Show your RC, answer the questions (if any), say "thank you" and go pick up your luggage.

Punjab,

Relax!

Maybe you should book a same day trip somewhere with your wife. Fly there, have lunch, and then fly back to the UK. You enter the UK first and she stays back reading a book. See what it is like to enter with your RC and with her not there.

Both on a test trip and on a real trip you should have no problems!

My own experience coming from amsterdam to luton ( or stansted, I can't really remember):
My wife went to the toilet and so did i, we lost each others. I went to the io and a lady asked me to go to non eea and fill landing card, I refused and asked for a supervisor who confirmed I was right. Then both asked me where is your wife, I said we lost each others in toilets, lol.
Then, silly questions followed which made me laugh like what is your nationality, where are you coming from, which is all shown on my passport, so I answered and they let me in with a stamp on my passport. I was not in the mood to argue about the stamp.
So, my friend stop panicking and be steady

Be careful. The UK seeks to reinterpret EU law. The regs are all round joining or accompanying an EEA national. You might get an ignorant official. UK regs allow an IO to revoke a residence card in certain circumstances (whether that's compatible with EU law or not is another debate). I suggest you keep a letter from your spouse to back up your story (just as insurance).

EUsmileWEallsmile wrote:Be careful. The UK seeks to reinterpret EU law. The regs are all round joining or accompanying an EEA national. You might get an ignorant official. UK regs allow an IO to revoke a residence card in certain circumstances (whether that's compatible with EU law or not is another debate). I suggest you keep a letter from your spouse to back up your story (just as insurance).

And I say what a load of tripe! An IO only has the authority to revoke a RC where s/he has (very) substantial proof that a non-EU family member is seeking to re-enter the UK where they no longer have the grounds to/not covered by the EU Directive and do not have appropriate entry clearance.

If you find an IO 'revving his/her engine' or 'flapping wings' for no valid reason (e.g because it's mating season or it's some form of cardio exercise), expressly ask to speak with the CIO - Chief Immigration Officer. That should clear things up as well as get a diaper change for the IO.

I very very very much doubt any IO would be stupid enough to revoke the RC in a situation like this. And it would be definitely be a problem for them if they did.

As usual, one needs to write down names and make detailed notes and ask for a senior IO.

An IO can revoke according to the regs in some circumstances (please go an read them, reg 20 (4) and (5)). They are nothing to do with the directive, but are part of UK law. If your spouse is a qualified person, then they cannot revoke, but you might be in for a harder time if you present yourself at the border on your own. Just read the regs and be prepared.

EUsmileWEallsmile wrote:An IO can revoke according to the regs in some circumstances (please go an read them, reg 20 (4) and (5)). They are nothing to do with the directive, but are part of UK law. If your spouse is a qualified person, then they cannot revoke, but you might be in for a harder time if you present yourself at the border on your own. Just read the regs and be prepared.

You are spreading needless and unreliable confusion. If you really believe this, then please start a separate thread and lets discuss there.

I've not been in the position of the original poster so have no personal experience of this situation.

whatever the position at the border, any decision of an IO or any other body which could revoke a RC is subject to an in-country appeal. So the bottom line is- whether your RC gets revoked or not- you will enter the country. Noone can ship you back wherever you came/are from after revoking it, so chill. If you are legally in the UK and your EEA national satisfies all the conditions, then you should be fine even with the revoked RC.

many thanks guys for your help and advice