Valid Tier 2, travel during EEA-FM application?

[Eeaplz]

Hi,
I'm a US citizen currently on Tier 2 ICT. I have a residence card application in process on the basis of my spouse who's an Italian citizen. I asked the Home Office to send back my US passport, my Tier 2 BRP (valid for 1 more year) and my wife's Italian ID but they only returned my passport, not my BRP or her ID. They included a note saying that if I travel abroad I must apply for an EEA FP to return to the UK.

I don't understand this because I already have a separate status (Tier 2 ICT) which continues to be valid. Any ideas why they would hold onto my BRP? And will I encounter any problems boarding flights back to the UK? I've never been asked for proof of visa when flying back from continental Europe, but US airlines often check visas. Do I really need to get an EEA FP from outside the UK or am I good if I bring enough docs supporting my status as spouse of a qualified EEA national? Thanks!!

[Eeaplz]

Monday morning bump?

[vinny]

They included a note saying that if I travel abroad I must apply for an EEA FP to return to the UK.

They may be confused, unless they curtail your Tier 2 (ICT) leave.

[Eeaplz]

Do you think I should inform them, or submit another request to return my BRP? Maybe I should have waited longer to request my docs too. I just did my biometrics last week and don't have a COA yet, but I needed my docs back in case I need to travel on short notice.

[lunallena]

Do you think I should inform them, or submit another request to return my BRP? Maybe I should have waited longer to request my docs too. I just did my biometrics last week and don't have a COA yet, but I needed my docs back in case I need to travel on short notice.

I applied under the same circumstances as you did(except my Tier2 was general). I requested my documents back (passport and BRP) after I submitted my biometrics and received my CoA. They returned my BPR without any problem. Maybe it's worth writing to them to their Liverpool or Bristol office to ask for clarification on why your Tier2 was not returned.

[Eeaplz]

Good news! I enquired and they sent back my BRP as well as my wife's Italian ID card. I guess I was too fast in requesting my docs initially.

[ayaniqda]

Hi

I wanted to know if you were able to travel with your old BRP and passport without any problem back to the UK? My husband is in a similar situation, he has a valid Tier4 RC and we are a planning to apply for his EEA FM RC but we have summer travel plans outside the UK and we are wondering if he would be able to use his current BRP (once he requests it back from HO) to travel and return home to the UK? Do you mind sharing your experience?

[Eeaplz]

I didn't end up needing to travel right away, but I have a trip next week so we'll see. Don't anticipate any problems, my BRP continues to be valid. Even if my EEA-FM application was denied I could continue living in the UK until my Tier 2 expires. I suppose when I re-enter the border agent will see my application on file, so I might have to answer some extra questions.

[ayaniqda]

Thanks. My only concern is if his EEA FM RC gets issued while we are away from the UK leading to the cancellation of the old BRP on which he will be coming to the UK with.

Do you mind letting us know here how it went for you after your trip? It would be super helpful

[Eeaplz]

Sure, I'll let you know how it goes. I believe you're allowed to hold both statuses (EEA RC and UK visa), don't see any reason they'd curtail the tier 4 visa as part of the EEA approval.

[Eeaplz]

I was able to re-enter the UK using my tier 2 BRP. No concerns/questions about my outstanding RC application.

[doctor1989]

I was able to re-enter the UK using my tier 2 BRP. No concerns/questions about my outstanding RC application.

Same!

[pen123]

I am also in a similar situation that I used that have a tier 2 visa and then applied for EEA2. I now have a residence card but home office did not return my BRP. I called to and asked but they said I cannot be under both European and immigration rules. That seems to contradict what I have heard in the forum here.

[Eeaplz]

I called to and asked but they said I cannot be under both European and immigration rules. That seems to contradict what I have heard in the forum here.

I believe that's incorrect advice, and it's worth complaining to the Home Office about it.

[secret.simon]

I believe that's incorrect advice, and it's worth complaining to the Home Office about it.

Also see this thread.