ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Border entry UK without CoA?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
mannen23
Newly Registered
Posts: 7
Joined: Sat Nov 07, 2015 9:07 pm

Border entry UK without CoA?

Post by mannen23 » Fri Oct 14, 2016 12:14 pm

a question about entering the UK while applying for RP but without CoA.

+unmarried durable partner, American citizen, with a valid EEA FP
+ applied in August for RP, so passport with valid EEA FP is submitted to Home Office
+ we have a photo copy of the EEA FP
+ no CoA received yet
+ letter received with Biometric enrollment, has a 9 digit reference number starting with 021XXXXXX
+ my partner is travelling by herself outside the UK now on her 2nd passport (no FP). i live in the UK.

What will happen when she comes back to the UK soon? Will a photo copy of the EEA FP be enough? Can the Heathrow border control see records of EEA FPs in their system? Or does she need to show other proof that she has a pending RP application? Are there any rules and regulation in a situation like this?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Border entry UK without CoA?

Post by noajthan » Fri Oct 14, 2016 12:30 pm

mannen23 wrote:a question about entering the UK while applying for RP but without CoA.

+unmarried durable partner, American citizen, with a valid EEA FP
+ applied in August for RP, so passport with valid EEA FP is submitted to Home Office
+ we have a photo copy of the EEA FP
+ no CoA received yet
+ letter received with Biometric enrollment, has a 9 digit reference number starting with 021XXXXXX
+ my partner is travelling by herself outside the UK now on her 2nd passport (no FP). i live in the UK.

What will happen when she comes back to the UK soon? Will a photo copy of the EEA FP be enough? Can the Heathrow border control see records of EEA FPs in their system? Or does she need to show other proof that she has a pending RP application? Are there any rules and regulation in a situation like this?
UK BF Ops guide shows how a traveller will be met and greeted at border:
https://www.whatdotheyknow.com/request/ ... ndents.pdf
- see section 5
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mannen23
Newly Registered
Posts: 7
Joined: Sat Nov 07, 2015 9:07 pm

Re: Border entry UK without CoA?

Post by mannen23 » Fri Oct 14, 2016 1:49 pm

Section 5: "Border Force officers should continue to date stamp a passport containing an EEA Family Permit on the holder‟s first arrival in the UK and may also use their discretion to date stamp such documents on each subsequent arrival"

+ As i said, dont know how that would work when the original FP is not present? (already submitted as part of RP application)

Section 5: "If they are joining the EEA national the onus is on the passenger to prove that the EEA national is in the UK"

+ how can we prove i am in the UK? we have submitted payslips, rental agreements etc. would that be proof enough?

Section 5.7.1 "A person who is the partner of an EEA national (other than civil partner) who can show that he is in a “durable relationship” with the EEA national. When assessing whether a relationship is durable officers should satisfy themselves fully that the person meets the requirements for leave to enter of an unmarried partner as set

+ how can we prove the relationship? all the original documents, proving our durable relationship, are with the Home Office now. So photo copies will have to do. Are there other ways of proving the relationship?

5.7.3 Family members of an EEA national minor Following an ECJ judgement in the case of Chen, family members (father, mother and siblings under 18) of an EEA national child can apply for leave to enter on the basis that the EEA national minor is exercising Treaty right(s) in the UK

+ i forgot to mentioned, my durable partner will enter the UK together with or daughter, she is a EEA National. She lives in the UK with us since 2015. So i assume our daughter is exercising Treaty rights in the UK?

noajthan wrote:
mannen23 wrote:a question about entering the UK while applying for RP but without CoA.

+unmarried durable partner, American citizen, with a valid EEA FP
+ applied in August for RP, so passport with valid EEA FP is submitted to Home Office
+ we have a photo copy of the EEA FP
+ no CoA received yet
+ letter received with Biometric enrollment, has a 9 digit reference number starting with 021XXXXXX
+ my partner is travelling by herself outside the UK now on her 2nd passport (no FP). i live in the UK.

What will happen when she comes back to the UK soon? Will a photo copy of the EEA FP be enough? Can the Heathrow border control see records of EEA FPs in their system? Or does she need to show other proof that she has a pending RP application? Are there any rules and regulation in a situation like this?
UK BF Ops guide shows how a traveller will be met and greeted at border:
https://www.whatdotheyknow.com/request/ ... ndents.pdf
- see section 5

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Border entry UK without CoA?

Post by noajthan » Fri Oct 14, 2016 2:02 pm

mannen23 wrote:Section 5: "Border Force officers should continue to date stamp a passport containing an EEA Family Permit on the holder‟s first arrival in the UK and may also use their discretion to date stamp such documents on each subsequent arrival"

+ As i said, dont know how that would work when the original FP is not present? (already submitted as part of RP application)

Section 5: "If they are joining the EEA national the onus is on the passenger to prove that the EEA national is in the UK"

+ how can we prove i am in the UK? we have submitted payslips, rental agreements etc. would that be proof enough?

Section 5.7.1 "A person who is the partner of an EEA national (other than civil partner) who can show that he is in a “durable relationship” with the EEA national. When assessing whether a relationship is durable officers should satisfy themselves fully that the person meets the requirements for leave to enter of an unmarried partner as set

+ how can we prove the relationship? all the original documents, proving our durable relationship, are with the Home Office now. So photo copies will have to do. Are there other ways of proving the relationship?

5.7.3 Family members of an EEA national minor Following an ECJ judgement in the case of Chen, family members (father, mother and siblings under 18) of an EEA national child can apply for leave to enter on the basis that the EEA national minor is exercising Treaty right(s) in the UK

+ i forgot to mentioned, my durable partner will enter the UK together with or daughter, she is a EEA National. She lives in the UK with us since 2015. So i assume our daughter is exercising Treaty rights in the UK?
A COA is not a travel document in any case.

EEA daughter is not exercising treaty rights (apart from a basic right to enter UK) if she is not exercising treaty rights;
(if a minor, she is most likely a family dependent of sponsor).

If applicant turns up on border, to be on safe side, they will have to carry all the evidence needed for a FP application with them.
The interrogation or friendly chat on the border is a replacement for that application.
A copy of valid FP should help.

Sponsor can always wait on end of a phone at the arrival airport so that they are readily contactable and able to be questioned themselves.
At least an American has a chance of being boarded on incoming flight (other non-visafree nationals would face a challenge even making it onto the plane even with a copy of a FP).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Locked