Non-EEA National attempting travel from (and re-entry to) the UK with EEA Spouse before receiving PR

[Twine]

Hi Experts,

I am a non-EEA national married to an EEA national exercising treaty rights in the UK. We both live and work together in the UK and applied jointly for PR in April 2017.

We booked flights to my home country in late October 2017 (hoping that the application would take less than 6 months) but are yet to receive PR from our efficient friends in UKVI ...and are now wondering if we need to cancel the trip.

Given the timeline, my 5-year EEA Family Permit has expired during the course of the application (August 2017) but I know I am not an 'overstayer' since I have received a COA and my current application is still in progress. If it helps, note that I am a 'non-visa national' - holders of my current passport do not need a visa to visit the UK for periods less than 6 months.

My questions are:

1) If we request our passports back, can we leave the UK whilst our PR application is still in progress?

2) If we leave the UK (and EU), will I be able to re-enter the UK or could I (worst case scenario!) be deported?

3) At the point of re-entry to the UK, what evidence will we need to provide to allow me to re-enter as an EEA Family Member (i.e. - not as a tourist)?

Any advice would be greatly appreciated.

Thanks,
Twine

[Twine]

Hi!

Found a similar case here: eea-route-applications/travelling-with- ... 14749.html

...but they were a step behind me (going from FP to RC while I am going from RC to PR). Also, my RC is not in my current/unexpired passport.

Is this guidance still applicable? Please advise.

Cheers,
Twine

[Twine]

Due to receiving several views (but no responses) from anyone in the forum on this query, I will conclude my three-part monologue with this post.

Fortunately my application status has just changed to "Decided". Hence this query is no longer applicable to me as I will either (i) receive my passport and PR card and be able to travel without any concerns or (ii) be appealing a rejection and hence be stuck here without a passport. However, this might be useful information for someone else...

Spoke briefly to an immigration lawyer who outlined that returning to the UK as an EEA/Non-EEA married couple should be a non-issue. If they were to encounter a particularly officious border control employee, they should be prepared with the following:

• EEA National's Passport

• Non-EEA National's Passport

• Non-EEA National's (possibly expired) Residence Card

• COA with Right to Work

• Marriage Certificate

• Evidence that the EEA National is exercising treaty rights (5 years worth of P60's, letter from employer, utility bills, etc.)

• Printed copy of 11.3 and 11.4 (http://www.eearegulations.co.uk/Regs201 ... ulation_11)

The Non-EEA National should be allowed entry as the family member of the EEA National and NOT as a tourist. No landing card should be required.

Hope this helps someone in the future. Obviously your mileage may vary.

I will not be responding to this thread.

Regards,
Twine