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EEA Family Member arrives at Heathrow BEFORE EEA spouse

Posted: Thu Jun 23, 2011 1:02 am
by CassiQ
Good Day, please help!

So I've booked my ticket and will be arriving at Heathrow on a Friday. My partner suddenly has to attend a business meeting in another EU state on the preceding Thursday and will only arrive back at Heathrow a few hours *after* I land on the Friday morning. He is lawfully resident in the UK - evident by the fact that we successfully managed to get a family permit.

Will they let me through immigration even if he is not currently in the country? This is my first trip using my permit. The permit says: "To join...".

I will be taking all the documentation submitted to obtain the permit with me when I travel.

If it is a problem that he is not in the country, what would you suggest I do?
-Postpone my flight (Which I am hesitant to do as it was a hassle getting this flight in the first place).
- Is it possible to hang around before going through immigration? His flight from the other EU state will land about 2 hours after my flight lands. Can I wait there until he arrives and then go through immigration?

ANY help, comments or suggestions will help me. I do not want to take any chances, naturally.

Thanks in advance :)

Posted: Thu Jun 23, 2011 7:00 am
by Jambo
From your previous posts it seems that you husband is already in the UK working and exercising his treaty rights so it OK if he is not physically in the UK the moment you land. You might be asked by the IO where is your husband and I would just say that he will arrive a few hours later due to his business meetings. You can also carry a copy of his payslip just to prove his is still exercising his rights although I don't think they will ask for it.
Alternatively, you can wait before immigration for him but if you come from two different destinations, it is likely you will land in different terminals in Heathrow so you can't meet before getting out from the terminal.

Posted: Fri Jun 24, 2011 2:20 am
by Directive/2004/38/EC
CassiQ,

To have a very nice pleasant trip, I strongly encourage you to relax and breath very deeply.

You have a very strong right to be with your husband who is already living in the UK. That is why they issued you the EEA FP!

Unless you husband has been away from the UK for more than six months in the last 12 months, he is (and you are!) 100% fine. If he has Permanent Residence he can be away for 2 years without loosing that...

Enjoy your flight!



http://dl.dropbox.com/u/27885818/UK/Bor ... ndents.pdf
6.5 Continuity of residence
Continuity of residence under the EEA Regulations for the family member of a qualified person is not affected by the EEA national being absent from the UK for periods which are under six months in any year, periods of absence on military service or any one absence not exceeding 12 months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

Posted: Fri Jun 24, 2011 9:19 am
by CassiQ
HAHA! Thank you :D You obviously noticed that I am a very highly-strung individual. Awesome!! YAY! Thanks so much for replying everyone :) Much love and warm, sunny, South African smiles!

Posted: Fri Jun 24, 2011 1:49 pm
by dhruv45in
Hi

You will be absolutely okay. When i came to UK on the EEA FP my EU wife was coming on a different flight and landed in uK a couple of hours after me and everything went okay. When the IO asked me where my spouse was i told she was travelling on a different flight and will be here at this time. Everything was okay ! I hope this first hand experience helps !