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Can I return to the UK without an EEA Family Permit?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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anneresa
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Can I return to the UK without an EEA Family Permit?

Post by anneresa » Sat Jul 25, 2015 10:42 am

Hello! I'm going to the USA to visit family friends. I leave on 3 August and come back on 20 September. I'm dual nationality - Sweden and Filipino. I am renewing my Swedish passport, but it won't get here in time for 20 September as it was sent back to Sweden for processing. So what I am doing is applying for an EEA Family Permit.

However I am worried on it not going through as I have already applied for an EEA Family Permit before when I was on holiday in the USA from April to June 2014 but it has expired now. I'm sure they would issue the EEA Family Permit, but if not - how can I go back to the UK? Is it enough to show them proof of ties? Or would I definitely need that EEA Family Permit?

I've lived in the UK for nearly 8 years now with my parents. I'm 18 years old, still go to Sixth Form College and am dependent on my parents. I have a permanent right to stay, but I do not have a residence card. All I have are documents for proof like school letters, bank statements, proof of when I arrived in the UK, birth certificate, expired Swedish passport and other family ties.

Another question: Can I apply for the Family Permit before I leave the UK on 3rd August or should I apply for it once I get into the US?
But the main question is: Can I return to the UK without an EEA Family Permit? What documents and proof do I need to show them that I have the right to go through the border as I have indefinite right to reside here?

mgb
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Joined: Tue Dec 17, 2013 8:28 pm

Re: Can I return to the UK without an EEA Family Permit?

Post by mgb » Sat Jul 25, 2015 3:37 pm

The first question is how are you planing to enter the USA on basis of your philippine passport. Did you get a US visa?

secret.simon
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Re: Can I return to the UK without an EEA Family Permit?

Post by secret.simon » Sat Jul 25, 2015 5:12 pm

Why Family Permit? You sound like you have got PR (the EEA equivalent of ILR). Apply for a confirmation of PR.

anneresa
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Re: Can I return to the UK without an EEA Family Permit?

Post by anneresa » Sat Jul 25, 2015 11:11 pm

I have a B2 Visa for holiday, it's valid for 10 years.

Also, I'm assuming you mean Permanent Residence visa. I would apply for that but I have not got enough time. I leave on August 3rd and my departure from LAX is September 20th. How should I go about without an EEA Family Permit?

mgb
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Joined: Tue Dec 17, 2013 8:28 pm

Re: Can I return to the UK without an EEA Family Permit?

Post by mgb » Sat Jul 25, 2015 11:38 pm

Do you own a valid national ID Card issued to nationals of Sweden.

anneresa
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Re: Can I return to the UK without an EEA Family Permit?

Post by anneresa » Sun Jul 26, 2015 8:38 am

mgb wrote:Do you own a valid national ID Card issued to nationals of Sweden.
I don't own one unfortunately. I could apply for it... But would that benefit my chances of getting in?

secret.simon
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Re: Can I return to the UK without an EEA Family Permit?

Post by secret.simon » Sun Jul 26, 2015 10:35 am

At the airport, if you can prove that you are an EEA citizen, the Immigration Officer must allow you through. You do not need a passport, just proof that you are a Swedish citizen.

Many EEA Citizens tend to use their national identity cards rather than passports. So, if you are a Swedish citizen, a Swedish national identity card is sufficient to enter the UK.

anneresa
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Re: Can I return to the UK without an EEA Family Permit?

Post by anneresa » Sun Jul 26, 2015 12:52 pm

secret.simon wrote:At the airport, if you can prove that you are an EEA citizen, the Immigration Officer must allow you through. You do not need a passport, just proof that you are a Swedish citizen.

Many EEA Citizens tend to use their national identity cards rather than passports. So, if you are a Swedish citizen, a Swedish national identity card is sufficient to enter the UK.
That's all I need? I can show them my Filipino passport, and my Swedish National ID card and I'll be able to board my flight? Last time I was in LA I got denied entry to the UK when I showed my expired Swedish passport, I didn't have a valid ID to show I was Swedish. No residence card either.

But what you're saying is showing an EEA National ID card is enough to enter the UK?

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Casa
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Re: Can I return to the UK without an EEA Family Permit?

Post by Casa » Sun Jul 26, 2015 1:49 pm

It may not be enough to convince the airline that you should be permitted to board in the US on the return journey. Carriers face substantial fines if a passenger is refused entry and are therefore wary of making an error of judgement.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

anneresa
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Re: Can I return to the UK without an EEA Family Permit?

Post by anneresa » Sun Jul 26, 2015 2:19 pm

So Casa, what other documents can I use to show them I'm Swedish, along with a national ID card?
I have a birth certificate, expired Swedish number and a person ID number. I also have proof of when I arrived in the UK stamped on my expired Swedish passport. I have proof of ties to England e.g. Bank statements, school letter (as I am 18years old and go to sixth form) work holiday letter, payment slips.

How else do I go about this?

mgb
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Re: Can I return to the UK without an EEA Family Permit?

Post by mgb » Sun Jul 26, 2015 2:23 pm

You can enter the UK on basis of a EEA passport or a ID card from a EEA country.
You don't own a swedish ID card and therefore you missed your second chance.
It guess the waiting period for a new ID card is the same than for a passport.
I think you need a family permit or you don't get a boarding card for a flight to the UK.

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