Post
by GMB » Tue Jan 23, 2018 12:26 pm
CR2018 - You're in a much different situation from J10M. Assuming the flag you used is your nationality, then as a Mexican citizen you're a non-visa national for UK immigration purposes, plus the spouse of an EEA citizen, therefore with more robust automatic rights.
Scenario 1 - you still have a valid FP -- no problems travelling into and out of the UK as much as you want, with or without your spouse.
Scenario 2 - your FP has expired, you still don't have the RC, but you still need to travel:
a. Official position of the UK government is that you should apply for a new FP before coming back. Good thing for you is you're a non-visa national, so if you don't have time or this is otherwise inconvenient, then you can effectively ignore it, because:
b. You WILL be allowed onto a flight to the UK with nothing more than your passport, which is the big problem the visa nationals have. Therefore...
c. Once you arrive at UK immigration, you assert your right to enter under EEA rules. Have with you proof your spouse is residing in the UK and also proof she is exercising treaty rights in the UK. Also having proof you reside in the UK and your COA would help, and the expired FP in your passport won't hurt either. As your read in 11(4), as long as you can prove you have right of residence under EEA rules, you must be admitted. I did it myself a couple of times while I was waiting for my PR card to arrive. In both cases I had no problem at all. As a non-visa national, you're in the same position as me, so should be exactly the same for you.