cancelling biometric card

[TMalagan]

hi

I had some issues with my wife from srilanka , i m eea national , she came here and got eea family member card .

she went to srilanka last november then we had some arguments then she said she will not come back here , then i was angry and sent e-mails and letter to BRP error and ukvi to cancel her card but i did not have any confirmation of this , but now she and me are in good terms , she would like to comeback .

I have sent a letter to stop the cancellation of her card to ukvi but i did not get any reply .
Can she travel to uk without any problems?
anybody can help me how to find out that her card is cancelled or still in valid please thanks .

[Caravel88]

First of all:
You can't "cancel" anybody's card.
No matter what you do, chances are, if she gets a job she can continue to live there anyway.

Now coming back to your question:
She's been away for about 6 months. That's the only problem, the absence.
Chances are she can come back but might get questioned at the border.

Also if you are really worried, meet her in Ireland or in another EU state then travel to UK together.

hi

I had some issues with my wife from srilanka , i m eea national , she came here and got eea family member card .

she went to srilanka last november then we had some arguments then she said she will not come back here , then i was angry and sent e-mails and letter to BRP error and ukvi to cancel her card but i did not have any confirmation of this , but now she and me are in good terms , she would like to comeback .

I have sent a letter to stop the cancellation of her card to ukvi but i did not get any reply .
Can she travel to uk without any problems?
anybody can help me how to find out that her card is cancelled or still in valid please thanks .

[TMalagan]

Thanks for you reply , is that mean she can travel any eu state alone? Or I need to be with her to travel ?
Is that 100% sure that her wouldn’t be cancelled?

[Caravel88]

It is the right of a European citizen to be anywhere in EU as they wish with their family.
So she can easily get a Schengen visa (or an Irish visa).
And travel there alone to meet you.
Only few documents are needed to be presented (marriage certificate, travel booking).

It is not 100% but chances are her permit is not cancelled for the following reasons:
- EU law is different, HO can not "just" do whatever it wishes
- HO doesn't look at emails
- Your email isn't legally enough to "cancel" someone's permit in first place
- You haven't had a reply

The only trouble is she might get questioned at the UK border due to her absence.
The idea is, if you intend to live in a country (hence the permit) you don't "just" leave for 6 months.
But with a valid explanation (example: urgent family matter abroad), it should be fine.

Thanks for you reply , is that mean she can travel any eu state alone? Or I need to be with her to travel ?
Is that 100% sure that her wouldn’t be cancelled?

[TMalagan]

Is there any problem if she comes straight to uk?
How we can find information about her card validation?

[Caravel88]

She wouldn't be allowed to board the plane if it is invalid.

Is there any problem if she comes straight to uk?
How we can find information about her card validation?

[TMalagan]

thanks , can she travel to france from srilanka with me , without shenghen visa? or does she needs to apply for that/

[Caravel88]

She'd need to apply for that.
Given that she has an EEA permit and you are married it would be very easy to get the visa.

https://france-visas.gouv.fr/en_US/web/ ... Model=true

Pre-requisites

- Application form dated and signed
- ID photograph
- Travel document, valid for at least three months after the planned date of return

-> Purpose of travel/stay

- Proof of family relationship with the EU or EEA national (marriage cert.)

- Proof of the nationality of the EU or EEA national (copy of EEA passport usually)

- Proof that the person is accompanying or will join the Swiss/EU/EEA national (joint tickets to france and/or a letter from you.)

++ Make sure to enter the details of UK EEA permit in the Schengen form in the relevant field and attach a copy of it, also include tickets that you will be travelling back to the UK from France and tell them it is a short visit / holiday before going back home.

++ also if I were you I would email to consulate in advance to let them know (that you are married, that you are visiting france for X num. of days before going back to UK etc.)

thanks , can she travel to france from srilanka with me , without shenghen visa? or does she needs to apply for that/

[Abeythedon]

2012 A friend of mine had a resident card and He was not in good term with his wife despite the fact they had one child together. When He travelled outside EU for holiday, the wife sent an email to HO that they are not together anymore and that was after 4 yrs of marriage. He was stop at the border when He was coming in questioned. His case was worst because his Mrs never revelled to him that He contacted the HO. After a year in detection one of the bother force told him the main reason for detaining him and the guy went back home voluntarily

[Caravel88]

I heard of such events happening as well.

However this is an EEA permit and even if the person in question had no visa, as long as she makes it to the border with a marriage certificate and a letter from the spouse explaining intent to join, they would have to let her in.

2012 A friend of mine had a resident card and He was not in good term with his wife despite the fact they had one child together. When He travelled outside EU for holiday, the wife sent an email to HO that they are not together anymore and that was after 4 yrs of marriage. He was stop at the border when He was coming in questioned. His case was worst because his Mrs never revelled to him that He contacted the HO. After a year in detection one of the bother force told him the main reason for detaining him and the guy went back home voluntarily

[TMalagan]

Thanks guys interesting, suppose I ll go and company her to come to uk and I ll bring the letter I have sent to ukvi which saying and asking them to not cancel and my would like to comeback .

What the worst thing could happen? Would they deport her or detain her?

Because my wife is scared to come here she is thinking they may arrest her or keep on detain ?
As you said for eea permit is different from others
Is that really sure?

[Caravel88]

@TMalagan, I am trying to help you. I have already explained though:

You are an EU citizen. Your wife is there under EU laws, not UK/UKVI/HO rules.

As long as she makes it to the UK border, she can enter the country with:

1) A valid marriage certificate
2) Proof that you are joining each other (a letter, joint bookings etc.)

She can not be arrested or detained. She has the right to come there under EU directive.

However since she has been absent for 6 months, she might get questioned about it, whether she intends to stay in the UK or not etc. So she just needs to explain:

1) Why she has been absent (provide valid reason, eg, family matter back home)
2) Tell, if asked, that she has every intention to continue living with you in the UK

Your email to HO/UKVI means nothing. Neither the first one, nor the second one.
You will only make matters worse for your wife by involving those.
The only issue with her permit is her 6 month absence, NOT your emails.

The only documents she should have are:

1) Passport
2) EEA permit
3) Marriage certificate
4) You with her OR A signed letter from you saying that your wife has been away to be with family at home, now she is coming back to continue living together in your family home in the UK

And yeah after your "angry email spree" which is not a Class A behaviour, you should go there and travel back with her. If you really want to make sure, contact the embassy once you are there and ask them if her permit is still valid despite the absence.

Thanks guys interesting, suppose I ll go and company her to come to uk and I ll bring the letter I have sent to ukvi which saying and asking them to not cancel and my would like to comeback .

What the worst thing could happen? Would they deport her or detain her?

Because my wife is scared to come here she is thinking they may arrest her or keep on detain ?
As you said for eea permit is different from others
Is that really sure?

[TMalagan]

Thanks, I have another question, is she needs to be working to continue living here or it’s me ?
Because she got some heath issues , this the reason she went over there then we had problems

[CR001]

Thanks, I have another question, is she needs to be working to continue living here or it’s me ?
Because she got some heath issues , this the reason she went over there then we had problems

It is the EU sponsor that has to be working.