Re-entering the UK without an EEA permit or residence card

[leonex4t5]

yes ofcos... including her british passport...
My passport, Wife's passport and marriage certificate, daughter's passport and birth certificate.

I think i will just apply for the visa first... the reason i was avoiding to apply is cos my uk resident permit is on an ISD, and the french embassy requires that the resident permit must be endorsed on the passport.

so i guess i will first have to make an application to HO to transfer my status to my passport first before applying for a visa to france.

i would have wished i could go to france with my family without applying for a visa.

[sevenseas]

I think you should have no problems. The Residence Card is purely optional to have and having it or not having it does not change your status in the UK. And UKBA can look up in their little computers and see that you have one!

You should carry with you:
(1) A photocopy of your old US passport information page
(2) A photocopy of your old UK issued Residence Card
(3) wife's passport or ID card
(4) marriage certificate
(5) One of your wife's recent pay slips (totally unimportant whether you are working or not)

You should repeatedly identify yourself as the family member of an EU citizen if you have any problems at the border.
.

I guess we have already established that I am the wife and my husband is the one who's an EU national (German)
From your list, I have everything BUT the copy of a residence card issued to me 5 months ago, that is the problem. But like I (and several others) have said before, I am going to carry everything else with me. Fingers crossed! I will report back when I (hopefully) arrive back to UK on the 02.08.

I also called the UKBA EEA section yesterday again, and was kicking myself for not having figured out previously how to record a conversation on my phone because the woman I spoke with, bless her, was an absolute doll - she said that theoretically no one needs any extra paperwork/permits/etc to enter OR indeed stay in the UK if they are a spouse of an EEA national particularly who is employed and if you have, as she said "all your other bits and bobs"- there should never be any problem. Wish everyone thought liker her!

Thanks everyone for your help.

[Directive/2004/38/EC]

I also called the UKBA EEA section yesterday again, and was kicking myself for not having figured out previously how to record a conversation on my phone because the woman I spoke with, bless her, was an absolute doll - she said that theoretically no one needs any extra paperwork/permits/etc to enter OR indeed stay in the UK if they are a spouse of an EEA national particularly who is employed and if you have, as she said "all your other bits and bobs"- there should never be any problem. Wish everyone thought liker her!

Couple of random observations:

First: There was a television program on immigration in the UK. They were following around various immigration officers. One of the segments was of somebody who had arrived at Heathrow, I think with a US passport, and as I remember they wanted to refuse him admission. The IO was then speaking with the supervisor, and the supervisor was double checking that the applicant was not a family member of an EU citizen before refusing him entry.

Second: I talked with two German border guards at one point about visa requirements of my wife. I was asking what visa she needed, ... And they stopped me and said, "But you are married and will be traveling together? Then she does not need a visa. Freizügigkeit. You should have your marriage certificate with you in case somebody wants to see it" They were super friendly and helpful and looked for documents and so on. This of course is the total opposite of what the German embassy would say, but then they perform a very different job.

[sevenseas]

Thanks Directive. That's what I mean, there is such a wide discrepancy it seems between even the individuals at the UKBA EEA phone centre, let alone all the border officers and embassy staff. I think I should be really OK as I do have so much paperwork that proves we live together and work and are very legitimate here.

However, with all the stress of a lost passport and the fear of being refused to come back to UK, I have completely forgot that I might have the same issue getting into Berlin next Friday night. You see, as my husband is German, we have lived in Germany for 6 years prior to UK and in my lost passport I also had the German permanent residency stamp (plus my UK RC - must be worth a fortune to whoever stole it and going to sell it!!) So once I show up with the new US passport in Berlin, they essentially will see in their system that I am not a mere tourist but posses no permit in my passport...might face issues there and lots of explaining to do. But hopefully same docs I will have for UK may help me in Germany.

[Directive/2004/38/EC]

With a US passport, in general you can enter European countries without a visa. There is very little chance of being refused, especially when traveling with your German spouse.

If you are even a little worried about Germany, then understand and print (in German too!) the ECJ Case C-370/90, The Queen v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for Home Department, [1992]

It basically allows you to use EU law for entry to Germany if your husband has been working in a different (UK!) member state.

[sevenseas]

Hi guys,

In case anyone is going to wonder what happened with this case or for future users with similar issues - am afraid I'll have to disappoint, as I will not be finding out what it's like to re-enter without a RC or a permit. My passport has been recovered!!

Anyways, thanks for your help though.

K

[vinny]

Great news!

[Directive/2004/38/EC]

sevenseas,

Good news. But gently remember that it is not over until you have the passport in your own hands!

Did you already get the emergency passport? Is your old passport still valid?