Travelling abroad with CoA = Specific cirumstance!

[kamoe]

Hi guys

I have seen similar variations of this question before, but I'd like to share my specific sircumstances, in the hopes that someone has experience in this:

1. I have a sponsored BRP valid until February 19th
2. I have resigned from my current job, with last day to be January 19th
3. I am going home to Colombia for a two week holiday before starting a new job (see below)
3. I have a job offer with another company starting on February 8th
3. I have my CoA issued in September, and I am expecting my new RC to come just before starting my new job
4. Today I was made aware that because my last day at my company will be January 19th that is the date when my current BRP expires!!! I was not expecting that, as I was banking on it being valid until February 19th, so that I could come back on Februart 3rd, and use it to get admitted in the UK.

Question is: If I travel back to the UK on Feb 3rd, provide the CoA, traveling with my French boyfriend, who is now my sponsor for my EEA RC, will they let me in the UK, even if my current BRP would be technically expired (but on paper valid until Feb 19th)???

Should I rather stay in Colombia until my new RC comes in, and have my boyfriend send it to me via DHL or other secure carrier? Anyone in a similar situation?

[maomao]

I advice you carefully see and Excersise patient because I once wanted to attempt traveling with the same document (COA) but Obie adviced to wait till my RC IS ISSUED then you can feel free . Moreover . Especially as at this moment the way immigration tight border checked is concern you better talk to you partner so you can see how progress is going with the current case putting in first ! COA is not a travel document but confirm only you right to work and besides could be use as addition supporting document after showing the legal proof !

[kamoe]

I advice you carefully see and Excersise patient because I once wanted to attempt traveling with the same document (COA) but Obie adviced to wait till my RC IS ISSUED then you can feel free . Moreover . Especially as at this moment the way immigration tight border checked is concern you better talk to you partner so you can see how progress is going with the current case putting in first ! COA is not a travel document but confirm only you right to work and besides could be use as addition supporting document after showing the legal proof !

Thanks meomao. I am really thinking on just staying in Colombia until I know I have a valid RC. I am really scared that they refuse me entry and deport me if I attempt entry with only a CoA and a BRP that might be curtailed by the time I travel.

Resigning, then travelling without having my RC It was a silly thing to do, but I was not thinking. I guess I was unconsciously feeling safe and already with the right to live here

[alex1128]

if you will be still in possession of your visa while in Columbia then I guess you will not find a problem getting in the airplane as the air carriers only check if you have a passport and visa and once in the uk if you have your COA marriage certificate and proof that your husband is exercing treaty rights I do not think you will have a problem getting in as I have seen other people in this forum getting back in the uk only with these documents...

One more thing to consider, apply for a family permit free of charge in Columbia as all you would need is the same documents you have applied with for your eea, and you can simply request them back from the home office .

[kamoe]

if you will be still in possession of your visa while in Columbia then I guess you will not find a problem getting in the airplane as the air carriers only check if you have a passport and visa

Yes. Not worried about this.

and once in the uk if you have your COA marriage certificate and proof that your husband is exercing treaty rights I do not think you will have a problem getting in as I have seen other people in this forum getting back in the uk only with these documents...

Problem being we are unmarried partners.

One more thing to consider, apply for a family permit free of charge in Columbia as all you would need is the same documents you have applied with for your eea, and you can simply request them back from the home office .

THIS. I think this is exacly the answer I was looking for, and had not considered. THANK YOU. I was worried that they would not allow me to apply in Colombia as I no longer live there, but I just checked the letter we were sent when we requested our passports back and they say exactly that: That family members of EEA nationals should apply for a family permit to return to the UK. I had not really paid attention to that as I was banking on my then-valid BRP, now I think this line is quite relevant for me now. Will do.

Thanks!!!

[alex1128]

Well I just would lik to let you know that in order to apply for a family permit you need to present one of these documents :

a marriage certificate,
a civil partnership certificate,
a divorce certificate,
a death certificate.

I suppose you have your civil partnership certificate then ?

[kamoe]

Well I just would lik to let you know that in order to apply for a family permit you need to present one of these documents :

a marriage certificate,
a civil partnership certificate,
a divorce certificate,
a death certificate.

OK, don't scare me. Where does it say that?

This is what I read here https://www.gov.uk/family-permit/docume ... st-provide:
evidence of your relationship to your EEA family member, eg marriage certificate, civil partnership certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried

Unmarried means exactly that: not married, in any way, not even through a civil partnership. When I applied for the RC, the the list of documents you need to supply as unmarried partner is more extensive, and does not require any certificate. As long as you can prove you have been living together for two years (bills, bank statements), and that you are a couple (pictures of travels together, letters of friends), they take that as valid. A marriage certificate or civil partnership certificate is not required.

I suppose you have your civil partnership certificate then ?

Nope. I am unmarried. However, I do have proof of living together for 2 years.

[kamoe]

Update on this, in case is helpful for anyone:

I applied and got a Family Permit while in Colombia, valid from February 1st. I used it to get admitted to the UK, with no problem. My partner and I travelled together.

My only other dilemma now is if my new FP gives me the right to work or not, while my RC arrives. See my other posts.

Thanks
Kamoe

[kamoe]

And a further update: After discussion with other members of the forum, seems like the FP does give the right to work.

More background on this post: http://www.immigrationboards.com/eea-ro ... l#p1303262

[alex1128]

Glad you have received your family permit and managed to get back without problems !!

could you please share with us all the infos about the procedure, what documents did you send how did you apply when did you apply etc...

[kamoe]

Thanks Alex.

could you please share with us all the infos about the procedure, what documents did you send how did you apply when did you apply etc...

Well the procedure is explained here: https://www.gov.uk/family-permit/overview
You have to apply abroad.

The below are the documents I submitted. Do take into account that ours was a special case, as I already live in the UK. I wanted to prove, not only that I had a valid claim for FP as partner of EU citizen, but also that I already led an active working life in the UK and that I needed the Family Permit only to avoid complications at immigration control when coming back (Tier 2 BRP expired, unmarried, no RC yet):

-Cover letter introducing our situation and why I was applying for FP while living in the UK
-My passport, original and copy of photo page
-My Tier 2 BRP (due to expire soon as resigned from work)
-My P45 (document provided by my previous employer at the end of working period)
-My new signed contract (due to start Feb)
-My partner's passport, original and copy of photo page
-My partner's latest 3 payslips, original (dated Nov 2015, Dec 2015, and Jan 2016)
-Work certificate/letter from my partner's employer, confirming working status, dated September 2015
-2 gas & electric statements, addressed jointly to the both of us, dated 2013 and 2014
-2 Bank statements, addressed jointly to the both of us (as we have a joint bank account), dated 2014 and 2015
-2 council tax bills, addressed jointly to the both of us, dated 2013 and 2015
-2 water bills, addressed to me, and having my partner as additional account holder, dated 2013 and 2014
-The latest 2 tenancy agreements, of our current address in the UK, dated 2014 and 2015
-1 TV licence addressed jointly to the both of us, dated 2015
-2 letters of support from friends, dated January 2016 (For the application for the RC in September I supplied 5 letters. I only sent 2 this time as it was all a rush and I did not have the time to collect them all again)
-8 pictures of my partner and I, in different destinations in the UK and abroad, taken between 2013 and 2015. All with location and date info on the back.

I did submit a little bit more documents than strictly necessary, I think you only need 6 documents to prove joint residence, but I wanted to supply alternatives in case they deemed any of the documents to be invalid.

I submitted originals and copies for all documents. They decided our case within 3 days, and returned all originals.

To be honest, I think going back to your country of origin and applying for a Family Permit is an option to consider for everyone applying as extended family member, and who needs to have a residence document/work rights soon (applying in your home country means you beat the long queue there exist in the UK). It is only valid for 6 months, and you do need to still apply and wait for your RC, but at least you will have working rights while you wait.

Let me know if you have any other questions.