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Re enter UK while eea2 application is under consideration

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

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MustiTash
Newly Registered
Posts: 4
Joined: Wed Oct 19, 2016 10:42 am

Re enter UK while eea2 application is under consideration

Post by MustiTash » Wed Oct 19, 2016 12:40 pm

Hi guys,

I am new to the forum and I have to say thank you all for the great contribution.

I applied to the eea2(MARRIED) RC on 25 August 2016 and received my CoA with work on 26 Sep. However I need to travel back home by the beginning of January 2017 to renew my passport (the embassy doesnt issue passports in UK ) and for other important family issues too.....
My lawyer advised me that if I leave the UK I won't be able to enter the UK and I will need to wait till the RC is issued.

I am a citizen of a country which the UK requires a visa from.

I was thinking to apply for a family permit visa from the British embassy in my home country to reenter the UK but my lawyer advised me not to do so because this will cancel my eea2 application which is under consideration already in the UK! Is this true ?

Is there is any way I can leave and re-enter the UK ? I feel stuck ! And the six or seven months period is not a short one and it doesn't sound right that I have a right to be in the UK to work and live while I have no right to re-enter if I leave !
The funny this is that the EU law should allow me to enter the UK without any document given that I am married to Eu citizen genuinely! Any advice please of what to do ? And what are my options ?

Thank you all in advance

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Exist and enter the UK while your eea2 application is un

Post by noajthan » Wed Oct 19, 2016 12:44 pm

EU law does let you re-enter UK. You can re-enter any time you like.

The issue is getting on the plane;
try explaining EU law and the nuances of Directive 2004/38/EC to a poorly-trained, underpaid and over-worked checkin clerk with a queue of 400 agitated passengers behind you also waiting to get on board.

Shoot for FP.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

MustiTash
Newly Registered
Posts: 4
Joined: Wed Oct 19, 2016 10:42 am

Re: Exist and enter the UK while your eea2 application is un

Post by MustiTash » Wed Oct 19, 2016 12:53 pm

noajthan wrote:EU law does let you re-enter UK. You can re-enter any time you like.

The issue is getting on the plane;
try explaining EU law and the nuances of Directive 2004/38/EC to a poorly-trained, underpaid and over-worked checkin clerk with a queue of 400 agitated passengers behind you also waiting to get on board.

Shoot for FP.
Thanks for the reply. Does applying for a family permit from the British embassy will cancel my eea2 application in the UK ?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Exist and enter the UK while your eea2 application is un

Post by noajthan » Wed Oct 19, 2016 12:55 pm

MustiTash wrote:Thanks for the reply. Does applying for a family permit from the British embassy will cancel my eea2 application in the UK ?
I have no information on that. Suggest check your adviser's sources.
Other members have reported success in adopting such a strategy.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

firmbeliever
Newly Registered
Posts: 3
Joined: Wed Oct 12, 2016 2:56 pm

Re: Re enter UK while eea2 application is under consideratio

Post by firmbeliever » Wed Oct 19, 2016 2:40 pm

MustiTash wrote:Hi guys,

I am new to the forum and I have to say thank you all for the great contribution.

I applied to the eea2(MARRIED) RC on 25 August 2016 and received my CoA with work on 26 Sep. However I need to travel back home by the beginning of January 2017 to renew my passport (the embassy doesnt issue passports in UK ) and for other important family issues too.....
My lawyer advised me that if I leave the UK I won't be able to enter the UK and I will need to wait till the RC is issued.

I am a citizen of a country which the UK requires a visa from.

I was thinking to apply for a family permit visa from the British embassy in my home country to reenter the UK but my lawyer advised me not to do so because this will cancel my eea2 application which is under consideration already in the UK! Is this true ?

Is there is any way I can leave and re-enter the UK ? I feel stuck ! And the six or seven months period is not a short one and it doesn't sound right that I have a right to be in the UK to work and live while I have no right to re-enter if I leave !
The funny this is that the EU law should allow me to enter the UK without any document given that I am married to Eu citizen genuinely! Any advice please of what to do ? And what are my options ?

Thank you all in advance

Hi, hubby and I traveled whilst EEA Pr was under consideration. Luckily for us, PR was approved by departure date but we still experienced problems. Airline staff will not issue boarding pass or let you board the plane without correct documents. In our case, we were quite lucky to be issued a boarding pass but airline staff refused to let us board until we showed a picture of the approval letter that a family member sent, then the airline staff had to make a phonecall first. Airlines get fined if they carry someone that doesn't have the correct travel documents. We wanted to try the FP route but didn't have enough time

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