Expired EEA Family Permit and crossing the border

[dawidk]

Hi everybody,

Has anyone got experience if it is possible to cross the UK border with expired EEA Family Permit? This EEA Family Permit was granted to Taiwanese national (my wife) joining me (I'm EEA national) working in UK. It was granted outside UK, my wife came here but we have to leave UK for a week and unfortunately her EEA FP will be expired by that date. We will apply for EEA2 Residence Card but as far as I read here there is no way that we will get it in time.

We are worried that she will be declined UK entry.
- Her passport allows her to visit UK for 6 months as a tourist, but she will be here for 6 months already (but not as a tourist but as a EEA family member) - does it count ?

According to EEA2 Form there is no legal requirement for non-EEA national direct family members of EEA nationals who are exercising Treaty rights in the UK to obtain a residence card to confirm their right of residence in the UK.

Has anyone got any experience in this matter ? Answers from Home Office are negative - they state we need to apply for new family permit visa outside UK. Although this doesn't make sense according to what is stated on EEA2 application form ???

Any help and advices would be really welcome.

[vinny]

11(4).

[EUsmileWEallsmile]

As passport holders from Taiwan do not need UK visas for a short visit she will not normally require a visa. She can then avail of reg 11.4.

Where is she flying from? The only snag might be that some airline clerk would deny her boarding as she's got an expired family permit, ie they will see that and ask questions.

[dawidk]

EUsmileWEallsmile:
We are flying from my home country - Poland. I hope there will be no problem in boarding a plane, we can always say that this is a short time visit, but for clerks on a border that might be fishy. She can only spend here 6 months on a tourist visa, they might say that she already spent here this 6 months (although on different terms).
Applying for another family permit in Poland is making things very complicated for us.

I've dig out topic from history discussing what to prepare for possible battle at the border: http://www.immigrationboards.com/viewtopic.php?t=27843.

Nevertheless less I would love to hear has someone crossed the border successfully with expired Family Permit.

Thank you from your answer.

Vinny:
Thanks, we will probably use this regulation at the border in case of problems, hopefully we are not gonna have any.

[Jambo]

If you are traveling together, then it should not be an issue at all. You will need to spend a few more minute as the IO examine your case but as your wife already had a FP in the past, some details should already be in the system.

You will need to provide at the border proof of your relationship (i.e. marriage certificate) and that you exercise treaty rights in the UK (recent payslips). She should get a 6 months stamp in her code (the UKBA internal name for this stamp is Code 1A stamp) which looks like a tourist stamp but doesn't include the restrictions wording a visitor stamp has.

Alternatively, if you apply for a RC using EEA2. After about 4-6 weeks you will get an acknowledgement letter from the HO (Certificate of Application) which can help her explain her status when re-entering the UK. You can ask for the passports back in any stage of the EEA2 application and it will not delay the application.

[EUsmileWEallsmile]

EUsmileWEallsmile:
We are flying from my home country - Poland. I hope there will be no problem in boarding a plane, we can always say that this is a short time visit, but for clerks on a border that might be fishy. She can only spend here 6 months on a tourist visa, they might say that she already spent here this 6 months (although on different terms).
Applying for another family permit in Poland is making things very complicated for us.

I've dig out topic from history discussing what to prepare for possible battle at the border: http://www.immigrationboards.com/viewtopic.php?t=27843.

Nevertheless less I would love to hear has someone crossed the border successfully with expired Family Permit.

Thank you from your answer.

Vinny:
Thanks, we will probably use this regulation at the border in case of problems, hopefully we are not gonna have any.

Getting on the plane and the border are two different things. For the border, you are entitled to enter if you can prove family status. For the plane, non-visa nationals do not need a visa. You should be fine.

[ca.funke]

Hi dawidk,

...Taiwanese national...I'm EEA national...working in UK...

• • She´s >>not visa-required in the UK for a visit<<, as such she will easily enter the plane towards the UK. (Should the airline ask, to make life easier, don´t tell them you´re planning to stay!)

...We are worried that she will be declined UK entry...

• • Next to the directive, >>this is the UK-national law<<, published by the homeoffice itself:

    Before an Immigration Officer refuses admission to a non-EEA national under
    Regulation 11(2) because s/he does not produce an EEA family permit, the IO must
    give the non-EEA national reasonable opportunity to provide by other means proof
    that he/she is a family member of an EEA national with a right to accompany that
    national or join him/her in the UK.

    As such, take both you passports, your marriage-certificate and go! This should be a walk in the park!

[dawidk]

Thank you all for replies. Now we are not frightened to cross the border that way.

I really do not understand why Home Office officers whenever you call them are telling you false information (that you have to apply for another Family Permit). Oh well...

[Jambo]

I really do not understand why Home Office officers whenever you call them are telling you false information (that you have to apply for another Family Permit). Oh well...

It's not false information but an answer that will fit all cases. In practice, the EEA FP is not needed in your case.

[EUsmileWEallsmile]

I really do not understand why Home Office officers whenever you call them are telling you false information (that you have to apply for another Family Permit). Oh well...

It's not false information but an answer that will fit all cases. In practice, the EEA FP is not needed in your case.

I think this is a fair assessment.

[EUsmileWEallsmile]

Thank you all for replies. Now we are not frightened to cross the border that way.

I really do not understand why Home Office officers whenever you call them are telling you false information (that you have to apply for another Family Permit). Oh well...

Your wife would have problems if she was a visa national (not from Taiwan, but say China). If that were the case, she could still be admitted if she could prove family membership, but would most likely be denied boarding by an airline.