What's next ... before EEA Family Permit expires

[momito2a]

Greetings

My wife is Lao National, married to French National (me !)

We moved to UK beginning of September, she entered with a 6-months EEA Family Permit visa which is due to expire in February 2018. What's next ?
1) Renew her FP for 6 months or apply for Residence Card ?
2) I have downloaded EEA(FM) form we're happy to proceed with this and read that it takes up to 6 months to proceed. We are regularly travelling to France to visit family and friends and I understand that we can ask to get her passport back in between. However how can she enter back in UK after the FP is expired ? Any evidence to show at the border she applied for RC ?

Thanks

Olivier

[vinny]

Cannot apply for an EEA family permit in the UK.

[J10M]

Greetings

My wife is Lao National, married to French National (me !)

We moved to UK beginning of September, she entered with a 6-months EEA Family Permit visa which is due to expire in February 2018. What's next ?
1) Renew her FP for 6 months or apply for Residence Card ?
2) I have downloaded EEA(FM) form we're happy to proceed with this and read that it takes up to 6 months to proceed. We are regularly travelling to France to visit family and friends and I understand that we can ask to get her passport back in between. However how can she enter back in UK after the FP is expired ? Any evidence to show at the border she applied for RC ?

Thanks

Olivier

Travelling while the application is not recommend at all, as once the permit expires she actually has no proof that she should be allowed back into the UK

[Richard W]

1) Renew her FP for 6 months or apply for Residence Card ?

Apply for residence card, now.

We are regularly travelling to France to visit family and friends and I understand that we can ask to get her passport back in between. However how can she enter back in UK after the FP is expired ?

Present marriage certificate and evidence that your are a qualified person (e.g. are working) to the British immigration officer at the transposed border controls in France. She should then get an EEA Regulations stamp in her passport. Once she's got this 'wet ink stamp' in her passport, she should also be able to fly back.

Any evidence to show at the border she applied for RC ?

The certificate of application, which she will get 'immediately' she has applied (4 to 6 weeks later), has no legal standing for entry to the UK.

[momito2a]

Hi Richard

Thanks a lot for fast reply. However not sure I got it all: what is the 'tranposed border controls in France' ? You mean when she's leaving UK she will get a stamp by British immigration officer in France ??

Can you explain ?

Thanks

[GMB]

what is the 'tranposed border controls in France' ?

Transposed controls refers to the immigration control points for the Eurotunnel, the cross-channel ferries, and the Eurostar. In all of these cases you go through French passport control on the UK side departing, and you go through UK passport control on the French/Belgian side returning, so the controls are 'transposed.' What Richard is referring to is getting a EEA dependent stamp at one of these transposed controls the next time you both come back from France. Once she has that stamp (which acts as an EEA FP) she can travel while the RC application is being processed, to include by air, since she'll then have a valid 'visa' to show at check-in.

[momito2a]

Thanks again for your explanations. But we couldn't make it this time since I didn't have the needed documents with me when we crossed back. Also we cannot apply for RC immediately because we still wait for supporting documents and I have business trips in January (so I cannot leave my passport which is also required as sponsor)
Few more questions:
1) Next trip to France is scheduled in February but my wife EEA FP will be expired at that time. Is it a problem ? Can we still get the wet stamp at that time?
2) Then we want to start RC application just after. Having a Wet Stamp won't be an issue?

Thanks for your help

[Richard W]

1) Next trip to France is scheduled in February but my wife EEA FP will be expired at that time. Is it a problem ? Can we still get the wet stamp at that time?

This is exactly when she would get the wet ink stamp. If she presented an unexpired FP, she would not get a wet ink stamp.

2) Then we want to start RC application just after. Having a Wet Stamp won't be an issue?

I've never heard of it being a problem. Indeed, on past form it is likely that the IO will tell your wife to apply for an RC as he applies the wet ink stamp to her passport. The only reason for him not to do so would be if the wet ink stamp were indeed valid indefinitely.

[momito2a]

Thanks a lot for your expertise and patience in helping us with immigration rules in UK. Really appreciate.

Wishing you a grat new year 2018 !

[momito2a]

Hi again

One last question (promise): what about flying back and not coming back via ferry boat or shuttle ?
Then the immigration is not transposed so would it be more complicate ? (both with airline crew at check-in and with UK immigration at the airport in UK ?

Thanks

[Richard W]

Immigration should be straightforward if you manage to reach the UK via air. Without a family permit, residence card or visa, someone holding only a Lao passport will be refused boarding by a well-organised airline. Your best bet for flying seems to be Ryan Air; they have been known to accept the demonstrated right of admission as adequate.

Flying within the Common Travel Area is not subject to these restrictions, but entry to the Republic of Ireland from outside the British Isles is no easier.

To nitpick, a list of juxtaposed controls is given at
https://homeofficemedia.blog.gov.uk/201 ... -controls/. The only ferry ports listed are Calais and Dunkirk. Brittany Ferries might be as hard to use as an airline.