Residence card: not essential to have it?

[Lesaimon]

Hi all,

I have spent several hours reading various topics from the forum today to try and understand better the subtleties of the residence card.
I am myself an EU national, have been living in the UK for 3 years and worked for the same company all along. I recently married in April a Chinese national who has moved in with me under an EEA Family Permit.

I am a bit confused after reading some comments saying that the RC is just a confirmation of the holder's rights. Isn't that document also essential if the holder wants to travel back to the UK on his/her own?

We are considering applying for a RC from mid-August but have to go to China on the 22nd of October which might be tight to get the passports back on time. If the RC is not essential though, we will pass and wait after our trip to China to apply but this means after the FP has expired.

Any advice from the community?
1) Can we ask for the passport back with a cover letter when we first apply? It seems there is no clear rule on that? The official gov.uk website states we can ask them back at any stage but is that the case?
2) Can my wife travel from France to the UK by plane once the FP has expired or will the plane company not allow that and this is typically a case where an RC is compulsory?

Many thanks!

[noajthan]

1) You can try that approach.
Or request docs via Gov UK website (a few weeks after filing bundle).

Note return of docs is not guaranteed for non EEA nationals.

2) Yes, RC is optional but it helps with travel.

You could apply for another FP to get back in UK.
Without FP or RC wife is likely to be denied boarding.

If you travel overland together (eg from France) you could present at UK border with marriage certificate and gain entry (if you can stomach the stress, questions and delay).

[Richard W]

I am a bit confused after reading some comments saying that the RC is just a confirmation of the holder's rights. Isn't that document also essential if the holder wants to travel back to the UK on his/her own?

A residence card is essential for working, foreign travel and renting your main home from a private landlord. Children might not need it, but most non-EEA adults need it. If your wife applies for one now, she'll probably get it in February 2017. In the meantime, struggle with family permits or travel overland or by ferries.

[Lesaimon]

Thank you to you both for your replies.