EEA Spouse visa

[Casa]

Can the CoA be used in conjunction with your passport to travel and then be used to come back to the uk?

No, as a COA doesn't mean your application for an EEA Residence Card has been approved.

Neither can you re-enter the UK as a visitor as you have submitted an application to reside.

[confusedandsad]

So if I apply for a Residence permit in the UK and request the return of my passport at what point will I be allowed to travel out of the UK and enter the UK again?

[Casa]

My understanding is that you will have to wait until you have been granted your Residence Permit, as you will be re-entering the UK without your wife travelling with you. Wait for comments from others on this.

Your RC can't be sent to you in Australia by someone checking your post while you are absent as you will have to submit biometrics before the permit will be issued. The biometrics letter will give you 10 days in which to submit your biometrics.

[Casa]

So that solves my problems then. I can apply for the Residence card in the uk. Then request for my passport back go and travel back to Australia while it is processing then return to pick it up.

Will I be let back into the uk though when I return?

Not visiting family in New Zealand now then?

[confusedandsad]

Was thinking potentially doing Aus for stag then NZ. Sorry for confusing again.

Can do this after the EEA permit has come to avoid any problems

So can I apply for the residence permit in the UK request my passport to come back and then travel to visit family back home and come back to the UK?

[Casa]

My understanding is that you will have to wait until you have been granted your Residence Permit, as you will be re-entering the UK without your wife travelling with you. Wait for comments from others on this.

Your RC can't be sent to you in Australia by someone checking your post while you are absent as you will have to submit biometrics before the permit will be issued. The biometrics letter will give you 10 days in which to submit your biometrics.

Have you actually read my earlier post above

[confusedandsad]

Yes I did, however, it seemed you suggested I wait for others to validate your responses as to whether I would have to wait until my Residence Permit was granted. What is the point of requesting for my passport back then if i can't travel? Why would they offer a service that in essence has no use?

Can I not travel once my biometrics have been submitted?

[Richard W]

If you still had a valid visa, you could return to the UK on your returned passport and visa. I'm not confident that it would be non-criminal for you to try to use your current visa to re-enter the UK. As you're not British, it would be illegal to lie to an Immigration Officer on relevant matters. Of course, this whole scheme is liable to fail as soon as the visa is cancelled.

As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport.

Similarly, if you had entered on a family permit, you could use that to re-enter the UK with your returned passport.

[Casa]

If you still had a valid visa, you could return to the UK on your returned passport and visa. I'm not confident that it would be non-criminal for you to try to use your current visa to re-enter the UK. As you're not British, it would be illegal to lie to an Immigration Officer on relevant matters. Of course, this whole scheme is liable to fail as soon as the visa is cancelled.

As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport. He will have to remain in the UK until he has given biometrics. Regarding entering as a non-visa national, the EEA RC application will flag up on the IO's system and make it obvious that he isn't entering as a genuine visitor. .

Similarly, if you had entered on a family permit, you could use that to re-enter the UK with your returned passport.

[Richard W]

As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport. He will have to remain in the UK until he has given biometrics. Regarding entering as a non-visa national, the EEA RC application will flag up on the IO's system and make it obvious that he isn't entering as a genuine visitor. .

And it would be criminal for him to claim to the IO that he was entering as a genuine visitor. Purpose of entry should be given verbally as 'rejoining wife'. Or has UKVI erected some other barrier of dubious legality? The point about being a non-visa national is that he is unlikely to need a visa to reach a port of entry.

[Casa]

As a non-visa national, you could just fly back to the UK and then re-enter to join your family member (i.e. your wife). You should be given "every reasonable opportunity" to have the relevant documents brought to you! (@Casa: Am I overlooking anything?) You should get an "EEA Regulations" stamp in your passport. He will have to remain in the UK until he has given biometrics. Regarding entering as a non-visa national, the EEA RC application will flag up on the IO's system and make it obvious that he isn't entering as a genuine visitor. .

And it would be criminal for him to claim to the IO that he was entering as a genuine visitor. Purpose of entry should be given verbally as 'rejoining wife'. Or has UKVI erected some other barrier of dubious legality? The point about being a non-visa national is that he is unlikely to need a visa to reach a port of entry.

Please correct me if I'm wrong, but I've always understood that a non-visa national can only enter without a pre-issued visa if they are entering as a visitor, not to join/rejoin a spouse. I believe that if he was travelling with his EEA national wife, he would be able to enter without a FP but in this case he is holidaying alone.

[Richard W]

Please correct me if I'm wrong, but I've always understood that a non-visa national can only enter without a pre-issued visa if they are entering as a visitor, not to join/rejoin a spouse.

Entry under the EU Free Movement Laws is an exception. EEA Regulation 11(4) then kicks in.

I believe that if he was travelling with his EEA national wife, he would be able to enter without a FP but in this case he is holidaying alone.

There's no legal requirement to be travelling with his wife. I think it would be better if he took his wife to meet his family, but it should be enough for her to be at the airport to meet him. She would then have a more recent payslip as evidence of continuing employment. I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.

[CR001]

I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.

Agree, especially as HO will be aware of the OP having left his Tier 2 Sponsor in April 2017. This will flag up immediately on the system, then plus a holiday back home alone very shortly after getting married.

[confusedandsad]

I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.

Agree, especially as HO will be aware of the OP having left his Tier 2 Sponsor in April 2017. This will flag up immediately on the system, then plus a holiday back home alone very shortly after getting married.

But if I stay and apply for the Residence Permit here in the UK wont the system also flag me up given I have recently resigned?

When we put our notice in at the Registery office the home office approved our notice of marriage and kept the 28 day notice period, they did not extend it to 70 days. If I were to get flagged would I have not been flagged at this point?

[CR001]

You are confusing yourself around multiple issues that we not necessarily related.

Your visa is valid until a curtailment letter is sent to you. However this does not apply if you leave the UK.

[confusedandsad]

But I would also have a valid visa if I go home and apply for the visa as I will be a national of the country I am applying from. It seems the issue with going home is that I my marriage will be flagged up as a marriage of convenience.

Why would it not be flagged up as a marriage of convenience if I applied for the Residence permit in the UK?

[confusedandsad]

I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.

Agree, especially as HO will be aware of the OP having left his Tier 2 Sponsor in April 2017. This will flag up immediately on the system, then plus a holiday back home alone very shortly after getting married.

Would it help my cause if my fiance also travelled with me?

[Casa]

I suppose there is a risk that travelling without her might be used as evidence that it was a marriage of convenience.

Agree, especially as HO will be aware of the OP having left his Tier 2 Sponsor in April 2017. This will flag up immediately on the system, then plus a holiday back home alone very shortly after getting married.

Would it help my cause if my fiance also travelled with me?

In my honest opinion, yes.

[Richard W]

[*][*]

Would it help my cause if my fiance also travelled with me?

Yes, it would help if you came back with your *wife*.

[confusedandsad]

You are confusing yourself around multiple issues that we not necessarily related.

Your visa is valid until a curtailment letter is sent to you. However this does not apply if you leave the UK.

But if I go home and apply for the Family Permit I will have a valid visa in New Zealand while I apply for the Family Permit.

If I stay in the UK and apply for the Residence Card do I not run the same risk that my marriage will be labelled as a marriage of convenience?

Really trying to determine best option here. I really do not want to stay in the UK and go down the Residence route given the uncertain timeframe I will just have to sit around doing nothing.

[confusedandsad]

still confused and sad

[confusedandsad]

I was thinking of applying for the Residence passport in the UK and request my passport back while the application is being processed. Or alternatively, apply for a second passport from the NZ consulate in London while the Residence permit is being processed.

Once they return the passport are you able to travel out of the UK while the Residence permit is being processed? Does this void the Residence permit application? Because if it doesn't, I could just put in the application, go travel, and then meet my wife and have her bring me the Residence permit once they post it to our house? Or even have her post the Residence permit to me.

[wegiwegi]

Once they return the passport are you able to travel out of the UK while the Residence permit is being processed? Does this void the Residence permit application? Because if it doesn't, I could just put in the application, go travel, and then meet my wife and have her bring me the Residence permit once they post it to our house? Or even have her post the Residence permit to me.

This is from return of documenta site

if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK

[confusedandsad]

^Thanks, that is helpful.

Can you please provide me the link where you got that information?

[confusedandsad]

Once they return the passport are you able to travel out of the UK while the Residence permit is being processed? Does this void the Residence permit application? Because if it doesn't, I could just put in the application, go travel, and then meet my wife and have her bring me the Residence permit once they post it to our house? Or even have her post the Residence permit to me.

This is from return of documenta site

if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK

But I will be requesting my passport back once I am married and then I will be a family member of an EEA national. So the above should then not apply to me?