Forum Immigration UK

by **popp** » Fri Feb 01, 2008 4:02 pm

Hello Everyone,
I have recently applied my EEA2 form. Dec 07
Got letter new year and now I need my passport for traveling.
I've checked several posts if there is similar one but not quite the same.
So I would like to ask someone know or have experiences PLEASE!!

I'm non EU citizen, My husband is Italian.
I have been UK about 6 years, I was holding work permit, but I left the company so It's no longer valid. However I was traveling with the Visa...
After our marriage I did apply EEA2 directly from UK.

My friend told me that she has been told if you don't hold the VISA currently there's risk to get back into UK... by HO
(her case is waiting EEA2 expired family permit.)

I've found the posts they ask for passport without any problem?
I'm assuming that they have valid visa.

What I would like to know is
1:Should I ask passport back?

2:If Yes what the best reason I can tell them?

3:Is the process slowing down?

or Anything related with this topics would be very helpful.
Many Thanks in advance

by **thsths** » Fri Feb 01, 2008 6:33 pm

popp wrote: 1:Should I ask passport back?

Obviously yes, because otherwise you would not even get out of the UK.

2:If Yes what the best reason I can tell them?

Just tell them that you want to travel. I know that the phrasing on the home page of the Home Office is rather confusing, but if you read it closely, it says that your application is not affected.

3:Is the process slowing down?

That depends, but in any case it should only be by a few days.

The big question is how you prove your status to get back into the UK. You have this right, it is even stated in the procedures. But you need to prove your status. You need the marriage license, payslips of your husband and his passport or residence certificate. Maybe you can ask the Home Office to send back your marriage license, too.

There is the risk that you have problems entering the UK, especially if you are a visa national, and you are traveling without your husband. You could apply for an EEA family permit, but this has recently become a much more difficult process due to biometrics.

by **popp** » Fri Feb 01, 2008 7:02 pm

Hello there,
Thank you for your advice!

I am traveling by myself. I'm non visa national.
However I've just checked DO I NEED VISA page when I put entry purpose "wife" apparently I need visa even though I put non visa national.
It's very confusing....
If it's too risky I might have to cancel this travel.
If they refuse me to enter the UK what can they Do?

Could I get advice?
Thanks in advace,

by **thsths** » Fri Feb 01, 2008 8:50 pm

popp wrote:However I've just checked DO I NEED VISA page when I put entry purpose "wife" apparently I need visa even though I put non visa national.

You are lucky. Yes, in theory you would need a visa. However, in reality it makes all the difference. Since you could get into the UK as a tourist, there is no reason to doubt your story when you present yourself as the spouse of an EEA citizen. Presenting a letter from the Home Office and a copy of marriage certificate and the passport and payslips of your spouse should be sufficient.

If they refuse me to enter the UK what can they Do?

As I said, they have no reason to send you back, and they are not allowed under EU law either. The worst thing that can reasonably happen is that you are referred to a senior officer, and maybe questioned about your situation. So there could be delay, although it is unlikely. I recall that this is also stated in the casework procedures, but I cannot find them right now.

I think I did find it now in Chapter 2 of the European Casework Instructions. I am almost positive that the text has changed, and it seems that the new phrasing is not really in line with the law (EU and UK). Anyway, as a non-visa national this should not affect you. I would be interested to hear what happens to visa-nationals.

by **popp** » Sat Feb 02, 2008 3:44 pm

Hi there, Thanks very much for your time to answer my question again.
If there's not this forum it could have more difficult for us.
It's already is..

I'll try to post what happen.
Thanks again!

by **thsths** » Sat Feb 02, 2008 4:15 pm

thsths wrote:
popp wrote:However I've just checked DO I NEED VISA page when I put entry purpose "wife" apparently I need visa even though I put non visa national.
You are lucky. Yes, in theory you would need a visa. However, in reality it makes all the difference. Since you could get into the UK as a tourist, there is no reason to doubt your story when you present yourself as the spouse of an EEA citizen. Presenting a letter from the Home Office and a copy of marriage certificate and the passport and payslips of your spouse should be sufficient.

If they refuse me to enter the UK what can they Do?
As I said, they have no reason to send you back, and they are not allowed under EU law either. The worst thing that can reasonably happen is that you are referred to a senior officer, and maybe questioned about your situation. So there could be a delay, although it is unlikely. I recall that this is also stated in the casework procedures, but I cannot find them right now.

I think I did find it now in Chapter 2 of the European Casework Instructions. I am almost positive that the text has changed, and it seems that the new phrasing is not really in line with the law (EU and UK). Anyway, as a non-visa national this should not affect you. I would be interested to hear what happens to visa-nationals.