EEA Family Permit - Coming back into UK

[m_2006]

Hello

I am an EU national, living and working the UK. My wife, a non-EU national moved over to UK in the start of this year on an EEA Family Permit. We've applied for a family member residence card (EEA - FM) for her and waiting for a decision. We have submitted her bio-metrics and have received a certificate of application.

She needs to travel out of UK in a month so we're going to request her passport back from the Home Office but not withdraw the application. Her EEA Family Permit has already expired but she's legally in the UK as her residence card application is under process.

Does anyone know if she will be allowed back into the country without a visa on the basis that her application is under progress? If she needs to get a new Family Permit; will her residence card application become void if she's applied for another EEA Family Permit? Does calling her passport back affect her application?

Additionally, if anyone's gone through a similar process, please could you let me know. Any advice would be appreciated.

Thanks in advance

[member]

What is her nationality?

[m_2006]

Indian

[Richard W]

Does anyone know if she will be allowed back into the country without a visa on the basis that her application is under progress?

She should be allowed back into the UK simply on the basis that she is your wife - she needs to satisfy the Immigration Officer that she is the wife of a qualified person - or you could just come back together.

The problem, however, is getting to the UK border. A surface journey together through the EU might do it, but I don't know where if anywhere an Indian would start. You would cross the UK border in France or Belgium.

I don't see any formal problem with having parallel FP and RC applications - but someone may know of an actual problem, beyond the issue of needing the same documents for both applications.

[m_2006]

Does anyone know if she will be allowed back into the country without a visa on the basis that her application is under progress?

She should be allowed back into the UK simply on the basis that she is your wife - she needs to satisfy the Immigration Officer that she is the wife of a qualified person - or you could just come back together.

Thank you! Do you know what documents we should travel with? Trying to make sure the airlines in India let's us board as well..

[CR001]

Thank you! Do you know what documents we should travel with? Trying to make sure the airlines in India let's us board as well..

If she does not have a valid visa/residence card, the airlines won't permit her to fly.

[m_2006]

Thank you! Do you know what documents we should travel with? Trying to make sure the airlines in India let's us board as well..

If she does not have a valid visa/residence card, the airlines won't permit her to fly.

Okay sure, I am currently speaking to the Airlines to see if they will accept the COA for her to board the flight back. They are checking internally. Do you have any further information if applying for another FP in India will accept her EEA FM application here in London?