US to UK on Expired EEA FP, worst case scenario?

[mimi3]

Hello,

I'm a US citizen who has been living and working in the UK with my EEA husband (who has lived and worked here for 10+ years) since November 2012, on an EEA Family Permit. I will apply soon for the EEA2. We need to travel back to the US end of April, but my EEA Family Permit expires mid-April. I have seen some pretty helpful and reassuring advice on this forum to the effect of "You can still enter the UK as the non-EEA spouse of an EEA resident exercising treaty rights". If I return to the UK, with my husband traveling with me, with both our passports, our marriage certificate, proof of employment and residency, my expired EEA FP in my passport, along with the EEA2 Certificate of Application (that I hope to get in time), what is the worst case situation that we can expect upon return to the UK? I know there are no guarantees, and that best case scenario is that reentry will go smoothly, average scenario, we might have to wait around for an hour or so being questioned and trying to sort things out with the right immigration officer who has the experience/authority to deal with us. But worse case scenario...? I get sent back to the US? We find a flight to France and take the ferry in, hoping for more understanding immigration officers?

I also understand that best case scenario I'll get this Code 1A stamp, which is good for 6 months? Can I travel and reenter on that Code 1A stamp (we also had travel plans for May, possibly still before I get my EEA2 approved)? Should I not push my luck trying to "manipulate" the rules (is it really?) and instead just sit tight in the UK once (if) I get back in, until my EEA2 comes through?

Also, what's the worst I can expect at the airport here, when we're trying to leave? When we returned to the US for Christmas, I believe they did check in the UK that I had the right visa to take a round trip flight and land back in the UK. Might they not let me fly with an expired EEA Family Permit? As a US citizen I could, in theory, get a tourist visa and don't need special permissions on traveling to the UK, so would the check-in clerk be uptight (if they're not up to speed on EU rules) about letting me fly in the first place?

[Obie]

Well if you have to go, then go. You seem to be conversant with the rules anyway.

Provided you are acvompanying or joining your husband,or he is exercising treaty rights in the UK and you can prove this, you should have no difficulty reentering.

Just ensure you hold copies of marriage certificate, passport of your spouse and the CO A you were issued.

[Jambo]

Worst case, they will suspect your marriage certificate is not genuine and your details will not appear on the UKBA computers even though you have a valid CoA. It that case, they still need to let you enter as you have right of appeal in country. They can only refuse entry if you are a serious thread to security (such as a terrorist). In all other case, you will be allowed to enter.

The Code 1A is a single entry but nothing stops you from entering again and getting it again. The rules don't require you to have a Residence Card and have provisions for entry without one. See I re-entered with expired Family Permit (non-VISA national) (that is if trust Canadians...)

[Directive/2004/38/EC]

If you are travelling together and have your marriage certificate, you should have no problem. http://eumovement.wordpress.com/2010/08 ... to-travel/

It is in fact a little unfortunate that you got the EEA FP in the first place, as that might cause you problems with travelling.

[mimi3]

Thanks for the words of encouragement! I get the general idea that things will go "ok" (maybe inconvenient and slow, but "ok") when I get back to the UK. But what about before I even begin my trip - will I have a problem with the airlines (Delta) letting me carry out my itinerary? I've heard airlines can be penalized for allowing passengers to fly with improper visas. Do you think they might not let me fly? I know in theory I should be ok since I am a US citizen, but they did check for my EEA FP when I checked in for my UK-US-UK flight back home for Christmas. What should I tell them if there is an issue?

[Directive/2004/38/EC]

Thanks for the words of encouragement! I get the general idea that things will go "ok" (maybe inconvenient and slow, but "ok") when I get back to the UK. But what about before I even begin my trip - will I have a problem with the airlines (Delta) letting me carry out my itinerary? I've heard airlines can be penalized for allowing passengers to fly with improper visas. Do you think they might not let me fly? I know in theory I should be ok since I am a US citizen, but they did check for my EEA FP when I checked in for my UK-US-UK flight back home for Christmas. What should I tell them if there is an issue?

That is exactly the (remotely possible) downside of having the expired EEA FP in your passport. If somebody at the airline does not know what it is, they might think "they needed it and now it is expired".

I would print out and carry with you the article about travelling without a required visa.

[mimi3]

At the bottom of this
http://eumovement.wordpress.com/2010/08 ... to-travel/

Somebody speaks of these UKBA transportation carrier liason hotlines for such cases of misinformation. Is this true? Would that be advisable to bring up if there is a refusal to let me board?

If there is a problem with the airlines, do you think it would arise at the start of my trip, leaving the UK? Which seems kind of backwards since I'd be returning to my home country. But I could see them not wanting to allow me to use even any part of my intended itinerary. Or do you think I would be ok getting on the plane back to the states, bu have problems getting on the plane back to the UK?

[Directive/2004/38/EC]

At the bottom of this
http://eumovement.wordpress.com/2010/08 ... to-travel/

Somebody speaks of these UKBA transportation carrier liason hotlines for such cases of misinformation. Is this true? Would that be advisable to bring up if there is a refusal to let me board?

If there is a problem with the airlines, do you think it would arise at the start of my trip, leaving the UK? Which seems kind of backwards since I'd be returning to my home country. But I could see them not wanting to allow me to use even any part of my intended itinerary. Or do you think I would be ok getting on the plane back to the states, bu have problems getting on the plane back to the UK?

You will have no problem leaving the UK. And you can asked for UKBA to be called immediately to where you are.

I would definitely ask them to call the UKBA transportation carrier liason hotlines.

You have a full right to travel to the UK. You do not require a visa. Stand your ground if ever refused. Write down names and take pictures of the people!