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Wife coming back in UK without Residence Card
Posted: Mon Jun 04, 2012 1:20 pm
by stamu
Hello,
I am French and married to a Korean.
My wife applied for EEA2 on 16/01/2012, received COA on 05/03/2012, and our passport back on 26/03/2012.
We are now awaiting Residence Card.
My wife currently in Korea is expected to come back to the UK on 23rd June.
However I do not think we will receive the residence card on time.
Her post-graduation visa has now expired, but we have the COA letter with right to work in UK, and our marriage certificate to prove that we are married.
I will not being travelling with her as I am already back in UK.
I spoke to a immigration officer at Heathrow which advised me to write a letter for my wife to bring at the border to explain our situation.
Could you please advise and let us know if there is a risk that she is rejected entry? Is there anything we can do?
Thank You,
Posted: Mon Jun 04, 2012 1:53 pm
by Directive/2004/38/EC
I think there is virtually zero chance of her being refused entry. I have
never heard a story of this happening. You wife has a virtually absolute right to travel with you to the UK or join you here. (Unless she is a terrorist, is a contagious threat to public health or is a very serious criminal, in which case she can actually be excluded).
Also your wife has a clear ongoing RC application that the IO can find on file.
I personally would not even bother writing her a letter, though actually I am sure my wife would prefer to have it.
If you want to be 149% sure, read
http://eumovement.wordpress.com/2010/08 ... to-travel/ and then meet your wife at the airport with your marriage certificate.
Your wife just needs to repeat the mantra:
"I am married to a French citizen who is resident in the UK. Call him if you want!"
"I am married to a French citizen who is resident in the UK. And actually he is even here to meet me at the airport!"
"I am married to a French citizen who is resident in the UK. Look it up in your system!"
Posted: Mon Jun 04, 2012 1:59 pm
by Jambo
I hold the same opinion, with the CoA she will have no issues to enter the UK.
Posted: Mon Jun 04, 2012 4:51 pm
by stamu
Thank You for your responses.
Is she going to receive a Code 1A stamp in her passport?
Is there anything to do once the stamp expire?
Hopefully we will receive her Residence Card soon.
Posted: Mon Jun 04, 2012 7:29 pm
by Jambo
She should get code 1A stamp for 6 months (which is just a simple stamp in the passport similar to a tourist one just without restrictions). There is nothing to do when it "expires" as she is legal as long as you are exercising treaty rights.
Re: Wife coming back in UK without Residence Card
Posted: Mon Jun 04, 2012 8:40 pm
by EUsmileWEallsmile
stamu wrote:
I am French
What are
you doing in the UK (eg worker, student, self-employed)? I'm sure you are fine, but as long as you are exercising treaty rights your wife can be with you.
Posted: Mon Jun 04, 2012 8:55 pm
by stamu
I am working full time in UK.
Thanks a lot for your explanations
Posted: Mon Jun 04, 2012 9:55 pm
by EUsmileWEallsmile
stamu wrote:I am working full time in UK.
That's great. Everything will be fine then! No problems. Relax.
Posted: Mon Jun 04, 2012 10:14 pm
by Directive/2004/38/EC
stamu wrote:Is she going to receive a Code 1A stamp in her passport?
Be sure to carry a printout of the extract of the border rules that I mentioned. And feel very free to ask the border people "Is that Code 1A" stamp when they do their thing. And ask them to change it if it is not. UKBA has rules and they need to follow them! And if they are not willing to follow them have them explain in writing why they are not and collect names!
Posted: Wed Jun 06, 2012 8:03 pm
by Bing
Directive/2004/38/EC wrote:I think there is virtually zero chance of her being refused entry. I have
never heard a story of this happening. You wife has a virtually absolute right to travel with you to the UK or join you here. (Unless she is a terrorist, is a contagious threat to public health or is a very serious criminal, in which case she can actually be excluded).
Also your wife has a clear ongoing RC application that the IO can find on file.
I personally would not even bother writing her a letter, though actually I am sure my wife would prefer to have it.
If you want to be 149% sure, read
http://eumovement.wordpress.com/2010/08 ... to-travel/ and then meet your wife at the airport with your marriage certificate.
Your wife just needs to repeat the mantra:
"I am married to a French citizen who is resident in the UK. Call him if you want!"
"I am married to a French citizen who is resident in the UK. And actually he is even here to meet me at the airport!"
"I am married to a French citizen who is resident in the UK. Look it up in your system!"
I love your mantra! It made me laugh so much:-)