Please help-Entering UK after EEA2permit expired-no PR stamp

[wolfiestar]

Hi,
Hoping some of you can help me. I posted previous questions and got no reply. My main question is -
I am a non EEA family member (unmarried partner) of an EEA excercising his treaty rights in the UK. I was given a 5 year stamp (family permit) in 2005 which is due to run out next month.
I know that I automatically acquire PR and for that I do not need to apply for the PR stamp. However, what happens if I have to leave and re-enter the UK? I am booked to go with work outside of the UK in April. If I don't have any PR stamp in my passport what will happen? It looks like I am required to have a family member permit. Will it be ok if all I have is the expired family member 5 year stamp?

Please help. I don't want to cancel my work, but if I have to I would rather know as soon as possible. I spoke to a lawyer who has given conflicting and confusing information. He said that the worst that will happen is that I will meet with an Immigration Officer at the port of entry that will not be up to date that I would have acquired PR and that I could be held at the port for a few hours while they sort it out. He then went on to say that I am supposed to have the family member permit and that they might send me back to my country of origin and be told to get a family member permit from there. (which sounds alot worse and a lot more hassle)

I really hope some one here will have some answers.

Thankyou

[86ti]

Are you or are you not a visa national? If you are and you fly then you will most likely have trouble getting on the plane. In principle you would need an EEA family permit in any case.

[wolfiestar]

Thanks 86ti,

I am Australian.

Are you saying that therefore whilst (minimum 6 months) I apply for the recognition of my PR I am not able to travel outside the UK?
I had hoped to send in the EEA4 and then request my passport back 3 weeks later if it looked like I "had" to apply.

Any more clarification?

[86ti]

As a non-visa national you should have no problems with the carrier. You may have some problems with immigration though. Read the relevant chapter in the Border force operations manual , in particular point 5.5.1.

[wolfiestar]

Thanks again 86ti.
I did read that chapter, and several others from the Border Control, and they are not clear.

It appears that if you have a permit or a residence card, you can enter the UK and appeal within the UK if there was a problem/doubt at border control.

I can't seem to find anywhere that talks about an "expired" family permit.

I'm not worried about the carrier, but I am worried about immigration. If I could find the relevant legislation/instruction/guideline, that would state that I have automatic PR and the right to enter the UK (even if I then have to send the passport back to the Home Office for the EEA4) that would be great.
Almost equally great, would be to find the relevant legisltation saying that without the stamp of PR one cannot leave/enter the UK.

[86ti]

I can't seem to find anywhere that talks about an "expired" family permit.

Because you look at it the wrong way. You won't find text anywhere that specificially refers to expired documents. Your situation is that you do not have a "valid" document at the time you need it. That is not any different from someone entering without any such document for the very first time. Your advantage though is that you have a legal status right now that is you can (hopefully) prove that your partner is exercising treaty rights in the UK at the time you enter and that you are still living together.

If I could find the relevant legislation/instruction/guideline, that would state that I have automatic PR and the right to enter the UK (even if I then have to send the passport back to the Home Office for the EEA4) that would be great.
Almost equally great, would be to find the relevant legisltation saying that without the stamp of PR one cannot leave/enter the UK.

But that's just written in Directive 2004/38/EC and it's UK implementation the EEA Regulations 2006. By that law, you are not required to have a PR sticker in your passport.

You can apply for the PR card now and hopefully get the CoA in time to show it to the IO at entry. Alternatively, you will have to carry all the evidence that you would send to HO with you.