EEA2 - still waiting and need to travel

Alex R · Post by **Alex R** » Thu Jun 28, 2012 12:46 pm

Hello everybody,

I am a Spanish national currently living in the UK with my Mexican wife. We are waiting for the outcome of her application for a Residence Card (EEA2) since March 19th.

The reason why I am posting is because I have just got a job in a Spanish University and I will have to travel to Spain and stay for a month (August). I would like my wife to travel with me, I wouldn´t like her to spend a month on her own here in the UK. Would it be ok to phone the Border Agency and ask for our passports? (though only hers is needed as I have my Spanish national card) Would it affect her application?

Thank you very much in advance

zubby007 · Post by **zubby007** » Thu Jun 28, 2012 2:30 pm

[quote="Alex R"]Hello everybody,

I am a Spanish national currently living in the UK with my Mexican wife. We are waiting for the outcome of her application for a Residence Card (EEA2) since March 19th.

The reason why I am posting is because I have just got a job in a Spanish University and I will have to travel to Spain and stay for a month (August). I would like my wife to travel with me, I wouldn´t like her to spend a month on her own here in the UK. Would it be ok to phone the Border Agency and ask for our passports? (though only hers is needed as I have my Spanish national card) Would it affect her application?

Thank you very much in advance[/quote]

NO, asking for her passport back won't affect her application. (Buen día para usted)

Alex R · Post by **Alex R** » Fri Jun 29, 2012 12:26 am

Muchas gracias.

If they sent her passport back, would they put a stamp extending her family permit? If not, when leaving the country she might look like an overstayer. How does that work?

Post by **Jambo** » Fri Jun 29, 2012 6:48 am

The UK (normally) doesn't examine people exiting the country. The CoA would be a proof of her right to reside in the UK while the application in under review.

Under EEA regulations, residence documents are optional. She can't overstay if you are exercising treaty rights regardless of any document she hold.

Alex R · Post by **Alex R** » Mon Jul 02, 2012 5:23 pm

I have just rang and spoken with a Border Agency officer. She was not very nice to me, I really don't understand why. She accepted to send my wife's passport back but warned me that she may not be admitted in the UK on our way back from Spain if she doesn't apply for another family permit. When I asked her why wouldn't she, she only said that anybody could be stopped if the border officers are not happy.

Was she trying to scare us? She also applied the same principle to me, an EU national. Shall my wife apply for another family permit? Shouldn't be enough with the COA?

Thank you in advance

Post by **Jambo** » Mon Jul 02, 2012 5:48 pm

It's not the first time this advice is given. It is more accurate when the non EEA national is a visa national so it is just easier for th to give one answer to all.

The CoA would get her pass the IO. The tricky part (for visa nationals) is to board the flight. I believe Mexicans are non-visa nationals so she shouldn't face issues getting on the flight.

Alex R · Post by **Alex R** » Mon Jul 02, 2012 7:03 pm

Mexicans are definitely non visa nationals. I just don't see the point on applying for a new family permit. How fussy are they? Why would they refuse her entry to the UK on our way back? How risky would be not applying for another family permit?

Post by **Jambo** » Mon Jul 02, 2012 7:36 pm

As a EEA Family Permit wasn't required in the first place (being non visa national), I don't see a reason why it would be required now.

As I said, the contact centre has been given similar (unnecessary) advice in the past. The fact that she hinted that the restriction applies to you as well, shows you how well she is familiar with EEA regulations. It is true that anyone can get be stopped at the border (if you are a known terrorist for example) but this would be the case regardless if one has a family permit or not.

If you are traveling together, she will be more than fine.

Alex R · Post by **Alex R** » Mon Jul 02, 2012 7:57 pm

Thank you very much

Post by **EUsmileWEallsmile** » Mon Jul 02, 2012 9:53 pm

Alex R wrote:Hello everybody,

I am a Spanish national currently living in the UK with my Mexican wife. We are waiting for the outcome of her application for a Residence Card (EEA2) since March 19th.

I suspect that the decision would be made shortly. After three months your wife can request priority.

Post by **EUsmileWEallsmile** » Mon Jul 02, 2012 9:55 pm

Alex R,

Did she bother with the family permit first time round?

Alex R · Post by **Alex R** » Mon Jul 02, 2012 10:01 pm

Yes she did, but that family permit is now expired

Post by **EUsmileWEallsmile** » Mon Jul 02, 2012 10:01 pm

Your wife is very lucky. She is neither a visa national for Spain nor the UK. For the UK. she will be able to board a flight. She will not have a problem getting to the border. Once there, as long as she can demonstrate that she is the family member of an EU national, she will be able to enter. Es muy facíl.

A visa national would have more problems, but this doesn't apply to your wife.

Post by **EUsmileWEallsmile** » Mon Jul 02, 2012 10:03 pm

Alex R wrote:Yes she did, but that family permit is now expired

Ok, understood. She could have entered without it. The expired permit in itself demonstrates the familar link to you.

Post by **EUsmileWEallsmile** » Mon Jul 02, 2012 10:19 pm

This thread may be of interest

http://www.immigrationboards.com/viewtopic.php?t=104606

Alex R · Post by **Alex R** » Mon Jul 02, 2012 11:02 pm

Muchas gracias por su ayuda.

I feel very relieved, cheers

Nz made · Post by **Nz made** » Tue Jul 03, 2012 4:07 pm

I was told by one HO official that the Border staff would not allow you back in with just a COA, and that you would need to apply for another family permit.

But was then told that it was the individual border authority at each airports decision, and that before travel you should ring the airport you are flying in and out of to chat to the Border authority based there to confirm that they are happy, which they should be

Alex R · Post by **Alex R** » Tue Jul 03, 2012 7:58 pm

Well, my wife will be traveling with me, she will carry both her passport and her CoA so....on what basis would they stop her?

Also, we are not going on holiday, I will be working at a Spanish University while my wife will continue working normally as she works from home.

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EEA2 - still waiting and need to travel

EEA2 - still waiting and need to travel

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