EEA FP processing times, and chances without it?

[tommyboy]

Was hoping to get some advice on my best way forward on a UK visit on an EEA Family Permit.

I've been to the UK various times over the last 8 years, mostly on tourist visas, and a working holiday maker.

In May 2010 I was denied entry at Calais for various reasons such as not having an onward ticket, bank account details, and I'd been in Europe for about a year at that stage. This is allowed for New Zealand citizens, but they said I was not showing probably cause to leave.
There was no deceit / danger / crime involved.

At the end of 2011 I married my girlfriend, who is German.

In March 2012 we visited the UK for a couple of months to scout the potential employment scene. I was on an FP which was issued without hassle in 10 working days via Berlin.
We have returned to Germany.

On August 21st I submitted for another FP through Dusseldorf, as we want to take another crack at seeing if working in the UK would be a possibility.

It's now been 16 working days and the permit hasn't arrived. I know this isn't an inordinately long time, but there's a couple things happening in the UK that I really need to attend, and I'm concerned that if it hasn't come through yet it might still be weeks or months away.

My only other option is to have them send back my passport and for us to attempt getting through Calais, I've seen in posted here that especially if you've had an FP previously, and if we're travelling together with proof of the marriage and cohabitation then they're likely to grant me entry?

But I'm concerned the previous denial of entry might be a problem, I've been through twice since it happened, on the FP, and was asked about it both times. They were satisfied with my answers tho.

So, thoughts? How long should I be expecting the permit to process, and what would be my chances at the border without it?

[EUsmileWEallsmile]

Was hoping to get some advice on my best way forward on a UK visit on an EEA Family Permit.

I've been to the UK various times over the last 8 years, mostly on tourist visas, and a working holiday maker.

In May 2010 I was denied entry at Calais for various reasons such as not having an onward ticket, bank account details, and I'd been in Europe for about a year at that stage. This is allowed for New Zealand citizens, but they said I was not showing probably cause to leave.
There was no deceit / danger / crime involved.

At the end of 2011 I married my girlfriend, who is German.

In March 2012 we visited the UK for a couple of months to scout the potential employment scene. I was on an FP which was issued without hassle in 10 working days via Berlin.
We have returned to Germany.

On August 21st I submitted for another FP through Dusseldorf, as we want to take another crack at seeing if working in the UK would be a possibility.

It's now been 16 working days and the permit hasn't arrived. I know this isn't an inordinately long time, but there's a couple things happening in the UK that I really need to attend, and I'm concerned that if it hasn't come through yet it might still be weeks or months away.

My only other option is to have them send back my passport and for us to attempt getting through Calais, I've seen in posted here that especially if you've had an FP previously, and if we're travelling together with proof of the marriage and cohabitation then they're likely to grant me entry?

But I'm concerned the previous denial of entry might be a problem, I've been through twice since it happened, on the FP, and was asked about it both times. They were satisfied with my answers tho.

So, thoughts? How long should I be expecting the permit to process, and what would be my chances at the border without it?

You are married to an EU citizen. If you travel together you can enter the UK under the terms of article 5.4 of directive 2004/38/ec (reg 11.4 2006 immigration (EEA) regs). Being a non-visa national, you would most likely be able to board a flight.

[tommyboy]

We'll unfortunately be having to take the ferry, my wife is prohibitively terrified of flying. Will that affect things?

I'm figuring 2004/38/ec 5.4 won't help me tho as the UK has spelled out fairly clearly that they don't care about all that EU treaty stuff.

But, and this confuses me, If The (UK's own) Immigration (European Economic Area) Regulations 2006 11.2 states that:


(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—

(a)a valid passport; and
(b)an EEA family permit, a residence card or a permanent residence card.


Then what are Family Permits for?? You have to be a EU resident to apply for one, but according to this also makes them completely unnecessary.

Or is it that you need an FP to work and immigrate? I don't plan on staying in the UK for more than a few months, but was hoping to get some work during that time...
But not so badly that I'll hang around three months waiting for the thing.

Just wish there was some way of finding out how long it's likely to take.

Is my black mark going to be an issue? Part of it is that although I'm still eligible for entry as a tourist, I can no longer get a stamp on the border and have to instead apply in advance from my home country (or, presumably now Germany). Does that not effectively remove my non-visa status, and would that affect their decision on whether to let me in?

[tommyboy]

Oh wait, when they say residency card, do they mean my German residency card, or only their own?

[Jambo]

I believe previous reports were of about 3 weeks for the FP from Düsseldorf.

You should also read the following post - Is EEA FP needed? and the one after it.

I don't see any reason you will have any issue to enter via Calais with your partner and a marriage certificate.

[EUsmileWEallsmile]

Given that you've already waited three weeks, I suggest you wait a little longer and get the permit. It will be less hassle.

The UK does allow visa free entry to family members if they can demonstrate entitlement at the border. The problem for visa nationals (not you) is getting to the border. The UK would "prefer" if people applied for family permits first.

[tommyboy]

Ok, cheers guys. As long as the Calais ferry port counts as the border, and they don't mind the black mark, figure this will be the way to go if the permit doesn't arrive by mid next week.

[tommyboy]

Except now it turns out it can take two weeks for them to return my passport, so I'm back to just hoping they get around to getting this done or all my plans for the rest of the year are pretty much out the window as they rely on me being over there pretty soon.

[tommyboy]

I believe previous reports were of about 3 weeks for the FP from Düsseldorf.

Which reports from where? Having some information on how long this is likely to take would be really helpful.

[sum1]

What about official statistics although they might be somewhat skewed due to summer tourism and Olympics.

[tommyboy]

Don't know if I trust them, they don't seem to gel with what other people have been saying.
Also the only breakdowns are at 5, 10, 15 and 40 days, which doesn't now help me much at 17.

[Jambo]

This one is from May - EEA FP from Düsseldorf.
If you are at 17 days already, it should just be a few days away (I hope).

[Directive/2004/38/EC]

Travelling by ferry (or the tunnel) is your easiest option.

You must travel with your marriage certificate and your wife. See http://eumovement.wordpress.com/2010/08 ... to-travel/ for details and extracts of laws and procedures. I would encourage you to read it very carefully.

https://dl.dropbox.com/u/27885818/UK/le ... reeEEA.pdf is a letter which you may find helpful.

Are you of a citizenship that normally requires a visa to enter the UK?

[tommyboy]

We will be travelling together via ferry with marriage cert, German id cards, passports, etc.

That letter spells everything out well, seems little doubt (touch wood) that I'd be eligible for entry. Unfortunately though it's a bit moot at this stage, it makes more sense to wait and hope than for it to take two weeks to send my passport back.
How does it take two weeks to pop the thing in the mail? Honestly.

Are you of a citizenship that normally requires a visa to enter the UK?

No, visa exempt as a New Zealander, but have a black mark from a denied entry couple years back that now means I can't get a tourist visa on the border. Though can apply as normal from my country of residence.

The family permit was supposed to be the easy option, and would be if they didn't sometimes randomly take months to issue the thing. Lesson is, always allow as long a period as possible for it to come through.
It's the complete lack of communication which really annoys me.

[Directive/2004/38/EC]

Remember to always travel with your marriage certificate and know MRAX well.

Enjoy the UK! I suspect you will have no problem.

[tommyboy]

Posting for the sake of reference; my permit did eventually arrive, after a 19 working day wait. Got onto the ferry with it no problem.

We will next time allow a lot longer for these things to process.

Thanks all for the input.

[Directive/2004/38/EC]

Good that it all went well. Remember that you always have the option of last minute travel without the visa.

Can you please tell me how many days had elapsed between the date of issue of the visa and when they informed you that you could collect it?