Can I be Denied Entry?

[galatie]

My husband and I submitted our EEA2 application which was received from the HO on May 24th. We put in a request to have our passports sent back to us, as we both need to travel, independently, by the end of this month. Our application was sent back to us stating that we needed to send in more proof that he needs to exercise his treaty rights, even though we included contract, P60, and 3 recent payslips. We sent our application back which was received by the HO on June 1st.

We are currently waiting to see if we will get our passports back in time. Provided that we do, I am not sure if I will get my COA back in time to travel by the end of this month. If I don't, if I travel back to the US, will I have difficulties getting back into the UK if I provide the ECO with our marriage license and proof that my husband is exercising his treaty rights? Can they legally deny me entry? My husband will also be waiting for me at the airport in case they have any questions. Even if I wanted to apply for a family permit from the US to allow me back into the UK, I don't think I could because our original documentation, which is needed to apply for a family permit as well, is held by the HO currently?

Any advice would be appreciated, thanks

[Jambo]

Assuming you are a US citizen (so no need for a visa to visit the UK), you should have no problem boarding a flight. Once you get to the border - 11(4) is at your favour. Just carry your marriage certificate with you, some recent payslips and you should be fine.

They can't really deny your entry (unless you are a terrorist). Even if they believe your evidence is not good enough, they still need to let you in and to allow you time to prove your case.

[galatie]

Thank you for your help, Jambo.

I am an American citizen. Yes, I read that 11(4) is in my favour. I am just wondering how much hassle I will be given at the airport though, a bit nervous, I think that what is proper protocal is not always followed by some ECO's

What line should I enter at the airport and what should I have with me? I assume that my passport, my marriage certificate, proof that he is exercising his treaty rights, and maybe a printout of 11(4) should be sufficient?

Thanks

[Jambo]

Go through the EU line. Your list of evidence should be enough. If the IO doesn't understand what he is suppose to do, ask for the Chief Immigration Officer.

It is natural that you are nervous but you should have no problem entering the UK as a family member of EEA national.

[galatie]

Got my passport and COA back today... thanks Jambo!

[Directive/2004/38/EC]

http://eumovement.wordpress.com/2010/08 ... to-travel/ contains a number of descriptions of entering the UK.

Note that you are especially easy as you are on an American passport. But your husband should be waiting for you at the airport with his passport, with some proof that he is working (such as a single pay slip), and with your marriage certificate. You should carry a copy of his EU passport or ID card, and a copy (or the original) of your marriage certificate.

Please update this thread, and I will then add a link to the blog posting.