Entering the UK without a family permit

[ikidunot]

Hey everyone,

I'm currently in the UK on a 6-month tourist visa as a non-EEA national and I'm in a relationship with a EEA national (Polish) who is employed here and so is exercising treaty rights. We're both planning to have a civil partnership in the next two weeks before travelling to Spain on holiday. Since I'm already in the UK, it isn't possible to apply for a 6-month family permit and so I'm interested in what our options for re-entry are.

When we re-enter the UK after our holiday, we will already have entered into our civil partnership.

I wonder, would it be wiser to enter the UK in the visa line using my tourist visa or to accompany him in the EU line at the airport?

By the latter, could I assert my right to be landed on the basis of Article 5(4) of the EEA Directive which requires the border agent to land the family member of an EEA national who, though lacking a family permit or residence card, is able to provide that he is the family member of the EEA national? I imagine that our civil partnership certificate, our passports and the evidence of my partner exercising treaty rights (pay slips, for example) would be the relevant proof.

Has anyone here ever done this before?

If I am landed under this, will I also have the right to work? We intend on applying for the EEA2 residence card shortly after returning from Spain, but will this "border entry documentation" be sufficient as an interim measure to allow me to remain legally with my partner and also work during the period for which my application is being processed for the eventual residence card?

What happens if I choose to re-enter using my temporary tourist visa instead? Would that be a misrepresentation and could I be in trouble?

Thanks a lot for any answers you can give.

Cheers!

[Jambo]

I'm currently in the UK on a 6-month tourist visa as a non-EEA national and I'm in a relationship with a EEA national (Polish) who is employed here and so is exercising treaty rights. We're both planning to have a civil partnership in the next two weeks before travelling to Spain on holiday. Since I'm already in the UK, it isn't possible to apply for a 6-month family permit and so I'm interested in what our options for re-entry are.

Did you already give notice to the register office? You need first to give notice and wait at least 15 days before registering civil partnership. Also i'm not familiar with the procedure of doing so when you are on a visitor visa (now that permission to marry from the HO is not required any more).

When we re-enter the UK after our holiday, we will already have entered into our civil partnership.

I wonder, would it be wiser to enter the UK in the visa line using my tourist visa or to accompany him in the EU line at the airport?

By the latter, could I assert my right to be landed on the basis of Article 5(4) of the EEA Directive which requires the border agent to land the family member of an EEA national who, though lacking a family permit or residence card, is able to provide that he is the family member of the EEA national? I imagine that our civil partnership certificate, our passports and the evidence of my partner exercising treaty rights (pay slips, for example) would be the relevant proof.

Has anyone here ever done this before?

If you intend to live in the UK, you should not enter as a tourist. If you are a family member of EEA national (exercising treaty rights), enter as such

If I am landed under this, will I also have the right to work? We intend on applying for the EEA2 residence card shortly after returning from Spain, but will this "border entry documentation" be sufficient as an interim measure to allow me to remain legally with my partner and also work during the period for which my application is being processed for the eventual residence card?

You will get a 6 months stamp (internally referred to as code 1A) which doesn't prohibited you from working but doesn't explicitly state that you can. However, if you apply for a Residence Card, then after about a month you should get a letter (CoA - Certificate of Application) which should state you are allowed to work.

What happens if I choose to re-enter using my temporary tourist visa instead? Would that be a misrepresentation and could I be in trouble?

Don't.

[ikidunot]

Thanks for your answer.

I just want to make sure that I'm clear about the possibilities, though: would there be anyway that they'd refuse me re-entry, even if we have all the necessary documentation? If there is a big risk of that, I wouldn't want to even risk leaving the UK for holiday.

[Jambo]

If you are married/in civil partnership, then there is little risk assuming that:

* You have a certificate to proven your relationship.
* The non-EEA national in non visa national (i.e. doesn't need a visa as a tourist. This is important to be able to board the flight, not for entering the UK).

Entering as a tourist when this is not the intention or entering as a tourist just after already spending a long period in the UK is much more risky.

[Directive/2004/38/EC]

I agree. If you are the partner of an EU citizen, then enter on that basis. See http://eumovement.wordpress.com/2010/08 ... to-travel/

What is your citizenship?

[ikidunot]

Thanks again. My nationality is Jamaican, so I require a visa for entry.

I've read the link above which is very informative. I'll try the suggestions there when re-entering and post back about what happens.

[Nz made]

I believe you cannot apply for a family permit from within the UK, but like the above stated, you can on return immediately apply for a RC and will get a COA in a month allowing you to stay.