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Can you travel and return to the UK with your COA?

Posted: Tue Jul 31, 2012 1:33 pm
by 1878
Hey guys,

I am just planning a little ahead:

My wife's (Chinese) EEA FP expires on the 22nd of December. We would like to go to Norway (my home country) for Christmas. Before that time we will apply for her EEA2 but I doubt we will get it in return before we travel. Can we travel with both our passports, marriage certificate and her COA? Will she be able to re enter the UK?

Another thing about our EEA2 application. I will start my studies in October, that is when I will be a registered student. But, I have the offer letter now with my acceptance. To speed up the EEA2 process can I send the application now, using this as my proof of treaty right or do I have to wait to be a registered student in October.

We are both living in the UK now.

Thanks all!

Posted: Tue Jul 31, 2012 1:49 pm
by Obie
Well it is best and safer to apply for Schengen Visa, as you may encounter difficulties in Norway, especially the fact you have not started exercising treaty rights yet, and you have not worked in the UK or was self-employed before entering Norway, and the fact you are a Norwegian may complicate things aswell, without well documented proof you were exercising treaty rights in the UK.

On return, provided you are accompanying your wife, and she is able to board a flight from Norway, you should be able to secure entry.

Unlike worker seeking work, who are considered under community law as worker, similar provision don't seem to exist for prospective student.

However under the Treaty, which i am doubtful apply to EEA national in quite the same was as it does Union Citizen, you are entitled to move and reside all over the Union, subject to condition under the treaty being meet, and the measure adopted to give it effect.

The consequence of this is that provided you have sufficient resource for the upkeep of you and your wife, and you have a medical insurance ( The legality of which is questionable in the UK in light of the NHS), i am sure you could make an application for your wife before the start of term.

I wish you all the best.

Posted: Tue Jul 31, 2012 1:59 pm
by 1878
Yes, Schengen visa to Norway is fine. But we when want to return to the UK, do we apply standard tourist visa or EEA FP from Norway or try to get our way in with our supporting documents?