Getting another EEA Family Permit after first one expired?

tommyboy · Post by **tommyboy** » Sun Jun 10, 2012 12:11 pm

You'd think it would be easy to find this information...

I'm a New Zealand citizen, married to a German and holding (from the marriage) German residency. We've been in the UK for the last couple months on a EEA Family Permit. We'll be going back to Germany in August for a month or so, during which time the 6 month permit expires, and were then wanting to get another permit to come back for another couple of months.

Is the process for getting a second Family permit the same as the first? I'm still an EU resident, still happily married, haven't had any problems over here.

Also, I'm planning on briefly visiting Switzerland next week, then rejoining my wife here. I'm under the impression I can leave and re-enter the UK on my permit without her being with me, is that correct?

Thanks.

Post by **EUsmileWEallsmile** » Sun Jun 10, 2012 3:34 pm

tommyboy wrote: I'm a New Zealand citizen, married to a German

You are not a visa national and so don't require a family permit in order to enter the UK.

Post by **EUsmileWEallsmile** » Sun Jun 10, 2012 3:37 pm

see similar thread here

http://www.immigrationboards.com/viewtopic.php?t=104727

tommyboy · Post by **tommyboy** » Sun Jun 10, 2012 3:42 pm

I was denied entry to the UK in 2010 at Calais due to not having my onward ticket printed out, or proof of funds. As a result I'm now unable to get tourist visas at the border.

Post by **EUsmileWEallsmile** » Sun Jun 10, 2012 4:04 pm

tommyboy wrote:I was denied entry to the UK in 2010 at Calais due to not having my onward ticket printed out, or proof of funds. As a result I'm now unable to get tourist visas at the border.

That was perhaps under the immigration rules and they won't be relevant.

You are the spouse of an EU national. The immigration (2006) regulations apply to you.

Post by **Directive/2004/38/EC** » Mon Jun 11, 2012 11:00 pm

I would personally not bother getting a new EEA FP. You have a right to enter even without it. And they have records on their systems that you have already had it. See http://www.immigrationboards.com/viewtopic.php?t=105187

Is your husband working in the UK?

tommyboy · Post by **tommyboy** » Tue Jun 12, 2012 1:43 pm

I have the right to as an EU resident, yes, technically, but last I heard the UK still weren't honouring those treaty obligations despite now being sued by the EU over it.
Unless people have been entering without hassle I'm going to have to assume we'll catch some static in Calais trying to get on a ferry without a Family Permit.
Would love to hear this is no longer the case however.

My wife is studying, but remotely so not a UK student as such. We're both self sufficient with savings.

Also, I would like to point out how good this forum is, definitely the best source of info on these things. Always prompt informed feedback. Thanks guys.

Post by **Directive/2004/38/EC** » Tue Jun 12, 2012 1:57 pm

I have yet to hear of a non-EU citizen turned away at the border. Some stories are here: http://eumovement.wordpress.com/2010/08 ... to-travel/

You have a right to enter the UK. End of story. At least if you are entering with a German spouse.

You will have no problem.

tommyboy · Post by **tommyboy** » Tue Jun 12, 2012 2:11 pm

Eeeenteresting. That's good to know, thanks for that. I have my permanent residency card, the marriage cert, and the current FP in my passport.

What would I get stamped in as on the border tho? Some kind of multiple entry thing would be handy, I do sometimes visit the mainland without my wife for projects, would be great if she didn't have to walk me back in every time.

Post by **Directive/2004/38/EC** » Tue Jun 12, 2012 2:19 pm

Your free movement rights as the spouse of an EU citizen are conditional. They only kick in when you are travelling WITH or JOINING your EU spouse.

If you want to work for money in the UK, then you have to enter with your wife. (Whether she can leave is another whole question, best not to distract ourselves here).

If you want to enter as a tourist or to visit friends, then you can enter on your own basis under normal UK immigration law. As a kiwi you obviously do not require a UK visa.

tommyboy · Post by **tommyboy** » Tue Jun 12, 2012 2:33 pm

But if we're both living in the UK (entered together) and I want to visit the mainland for a week, can I go out and come back in without her?

Post by **Directive/2004/38/EC** » Tue Jun 12, 2012 2:36 pm

tommyboy wrote:But if we're both living in the UK (entered together) and I want to visit the mainland for a week, can I go out and come back in without her?

You can come and go as you wish as the spouse of an EU citizen residing in the UK.

tommyboy · Post by **tommyboy** » Tue Jun 12, 2012 2:43 pm

Nice one.
Cheers!

Post by **Directive/2004/38/EC** » Tue Jun 12, 2012 2:50 pm

When travelling alone you should carry a photocopy of your EU spouse's passport and of your marriage certificate.

Also note that you though you do not need further EEA Family Permits, you can apply for free for a 5 year Residence Card.

tommyboy · Post by **tommyboy** » Tue Jun 12, 2012 3:22 pm

Good tip on the passport copy, I have the marriage cert in my pouch at all times.
We're not yet sure if we're going to be staying the UK after this year, will do the five year thing if we end up sticking around.

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Getting another EEA Family Permit after first one expired?

Getting another EEA Family Permit after first one expired?

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