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✎ EN Enter as Tourist while EEA residence Card app pending

Discussion in 'Immigration UK' started by sjm108, Feb 19, 2007.

  1. sjm108

    sjm108 New Member

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    Hi I am a south africa recently married to a polish national. I applied for eea2(residence card) not knowing the waiting times and we need to travel in a month. My current working holiday visa(which I am on and which allowed me multiple entries) will expire while we(my wife and I)are travelling to South Africa in a months time. The IND person I spoke to said I can get my passport back and apply for a family permit when i'm in South Africa. The problem is though I am only in SA for 2.5 weeks(13 working days) and I know the consulate is slow in processing the applications. I have already booked return tickets and therefore it is quite a short time scale to work with, also I will have to get back to work back in the UK. My question is, since I am the partner of eea national who is excercising treaty rights I have automatic rights to live and work etc in the UK. Therefore if I have to travel to South Africa and then re-enter the UK as a tourist (no -visa needed) will that be allowed ? Technically I have the right to live in the UK. As I've read, the eea residence card is merely proof and a formality that makes entry when travelling easier.

    Also is it possible to apply for a eea family permit from the UK before I travel so that I will be able to re-enter without any problems.
     
  2. polskasweetie

    polskasweetie Addicted member

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    If you are to travel to South Africa soon and will stay there for 2.5 weeks, what you can do is apply for a family permit there via the FMRS form. Different countries have different timescales in processing this. In the US i Know it only takes 3-5 days. Find out how long it takes in SA and go this route. EEA applications take longer as they give you a longer duration of allowable stay here. BUt worry about this when you get back here. Also, you can only apply for the EEA2 if your Polish wife has registered for WRS and has been on that permit for at least a year and working straight.

    Yes, it's true that being the spouse of an EU citizen you automatically have employment and residence rights in the UK (or EU for that matter), but nevertheless there are still steps to pursue before you can enter and leave the country "visa-less", as you are originally non-EU (and continue to be so, until you obtain EU citizenship).
     
  3. denispearl

    denispearl Member

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    quastion about FMRS and travel abroad for a wile

    Hi.
    This is a question for POLSKASWEETY first but for all as well.
    I have received my FRMS visa already.
    I want to go for a week with my polish wife to Poland.
    But I'm not sure is it possible to come back with only FRMS in my passport.
    I'm not the EEA citizen.
    Please anybody tell me can I come back to the UK with my polish wife if I have FMRS in my passport.
    Thank You very much.
     
  4. polskasweetie

    polskasweetie Addicted member

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    Re: quastion about FMRS and travel abroad for a wile

    Already answered in a separate post.
     
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