Page 1 of 1
Please help! Want to leave & re-enter uk
Posted: Thu May 31, 2012 4:53 pm
by Niky
Hi!
I am a new zealander and my Dutch partner & I came to the uk 2 years ago. My tier 5 youth mobility visa has since expired but my Dutch partner and I have just got married in the uk. He is fine to leave and re-enter to the uk on his dutch passport but can I? Is it enough to carry my marrage certificate? We are currently applying for a EEA2 form but it could take up to 6months & we are planning to go back to N.Z by then

Is there any other way???
Would be grateful for any help. Have had such a hard time trying to find the answers to my questions & wasted soooo much call time trying to get through to authorities to give me advice.
From stressed kiwi.
Posted: Thu May 31, 2012 5:33 pm
by Jambo
Posted: Fri Jun 01, 2012 11:39 am
by Niky
Thanks for that but not sure if that apply's to me as i dont have a COA. Not sure what it is? Just have an expired tier 5 and am now married to my Dutch partner here in London..
Posted: Fri Jun 01, 2012 1:15 pm
by Niky
And now the EEA2 form we sent in has been denied

can I legally leave & re enter the uk with my passport & marage certificate?
Posted: Fri Jun 01, 2012 1:31 pm
by vinny
Why was it denied?
Posted: Fri Jun 01, 2012 1:49 pm
by Niky
Apparently didn't show enough evidence that my husband is exercising his treaty rights... 2nd time we have sent this form away & has been rejected twice. We have supplied everything they asked for, bank statements, NI contributions, pay slips, invoices etc etc... It could take up to 6months to get this card & that's if we can ever get it right!
Am considering just trying to leave the country for a holiday & see if they let me in with my marage cert. So frustrating, just want to know if I can legally re-enter without getting deported
Posted: Fri Jun 01, 2012 1:54 pm
by vinny
Posted: Fri Jun 01, 2012 2:26 pm
by Niky
Thank you so much for that link. Been trying to find that info for the past 3months & people from British embasy keep saying different things. So I guess I can come back in if I show I'm married to my Dutch husband (marage cert). He doesn't have a residence card but I understand he doesn't need one as he is an EEA national
Posted: Fri Jun 01, 2012 2:40 pm
by EUsmileWEallsmile
I fail to see why the application was declined. Did he apply as a worker? If so, all that's required is a letter of engagement from his employer plus passport.
Posted: Fri Jun 01, 2012 2:45 pm
by vinny
Posted: Fri Jun 01, 2012 2:50 pm
by Jambo
EUsmileWEallsmile wrote:I fail to see why the application was declined. Did he apply as a worker? If so, all that's required is a letter of engagement from his employer plus passport.
As the list of the supporting documents submitted includes invoices and NI contributions, I suspect it's self-employment.
Posted: Fri Jun 01, 2012 2:54 pm
by Jambo
Niky wrote:Thanks for that but not sure if that apply's to me as i dont have a COA. Not sure what it is? Just have an expired tier 5 and am now married to my Dutch partner here in London..
CoA is Certificate of Application which is basically an acknowledge letter from the HO when having a EEA2 application in process. As you failed to meet the initial screening for documents for your EEA2 application, CoA was not issued.
If you are travelling together with your Dutch spouse, then a marriage certificate should be enough to get you in. If you are travelling alone, carry also some proof of your spouse residence in the UK (a utility bill) or proof of exercising treaty rights.
Posted: Sun Jun 10, 2012 10:55 am
by Niky
First of all Thanks for everyone's help. A few more questions if any ones knows...
-My husband has a Dutch passport but hasn't applied for any residence cards or right to remain in the uk. Do can he legally live & work here for as long as he wants?
-And can I a NZ citizen legally live and work here with him?
Thanks!!!!!!
Posted: Sun Jun 10, 2012 11:18 am
by Directive/2004/38/EC
The rules are very simple.
If your husband is an EU citizen (but not usually British) and is working in the UK, you can remain and work.
End of very simple answer.
Posted: Sun Jun 10, 2012 11:19 am
by Jambo
Niky wrote:
-My husband has a Dutch passport but hasn't applied for any residence cards or right to remain in the uk. Do can he legally live & work here for as long as he wants?
Yes. There is no need to apply for permission if you are a EEA national.
-And can I a NZ citizen legally live and work here with him?
Yes. As long as he exercise treaty rights. There is no legal requirement to apply for a permission to live in the UK (but it is advisable to ask for confirmation of your rights by applying for a Residence Card).
Posted: Sun Jun 10, 2012 11:58 am
by Niky
Ok thanks for that. Believe me I have called the British embasy so many times to get one answer for that question & have had several conflicting answers. One person from British embasy said that I shouldn't be working and that I wouldn't be let back into the country. And another said that I would have to apply for a visitors visas. This is why I have been so confused & shit scared of leaving the uk for a holiday.
Will travel with my marage cert & print out copies of my rights that were posted here.
Posted: Sun Jun 10, 2012 12:18 pm
by Directive/2004/38/EC