Confused- EEA4, FCO says I need visa 4 return travel

[ignatius]

Hi all

I recently submitted an EEA4, and called to request our passports back (we need to travel to South Africa). I was told to speak to the British High Commission in South Africa to check what documents are required when I return to the UK.

The have now emailed to say I have to apply for a Family Permit when I am in SA which is valid for 6 months and this can take up to 15 working days.

Can this be correct? I have read elsewhere on this board that I have already automatically gained PR status in the UK due to the length of time, etc and the EEA4 is actually only confirmation of this fact.

So why should a visa be required for return travel? Is this because South Africa has recently changed to a Visa Country? I thought previously that if I was travelling with my wife & marriage certificate then it would not be a problem at passport control..

Any thoughts?

regards

[86ti]

Do you have a valid residence card sticker in your passport? If not you will need to apply for an EEA family permit before you return as South Africans are now visa nationals.

[kashyme]

First , I am not a senior member of this forum nor I am a solicitor so I could be wrong .

My friend this statement regarding PR will be obtained automatically is not as AUTOMATIC as we think for non EEA family members like us . You can see in this forum many are suffering and one thing is automatic I am sure about is the pain caused by long processing times . Even if we think that we are exercising treaty rights for 5 yrs is not the guarantee until it is authorised by the relevant officials.And even more diffcult situations for those who are either divorced or just separated from their EEA spouses.

There is no other way of entering UK as a family member of EEA national other than EEA FAMILY PERMIT.If it is very necessary to go abroad u have only this option .
Good luck

[ignatius]

Do you have a valid residence card sticker in your passport? If not you will need to apply for an EEA family permit before you return as South Africans are now visa nationals.

Hi there

I have a family permit stamp (not sticker) in my expired passport - but this is valid only until end of Jan 09.

Looks like I will have to get all my documents back now to provide supporting evidence for this visa.

Cheers

[ignatius]

..and one thing is automatic I am sure about is the pain caused by long processing times .

So true!

There is no other way of entering UK as a family member of EEA national other than EEA FAMILY PERMIT.If it is very necessary to go abroad u have only this option .
Good luck

Thanks for this

[86ti]

My friend this statement regarding PR will be obtained automatically is not as AUTOMATIC as we think for non EEA family members like us . You can see in this forum many are suffering and one thing is automatic I am sure about is the pain caused by long processing times . Even if we think that we are exercising treaty rights for 5 yrs is not the guarantee until it is authorised by the relevant officials.And even more diffcult situations for those who are either divorced or just separated from their EEA spouses.

The relevant officials do not "authorise" nor can they "authorise" your status as the right is indeed automatic by virtue of Directive 2004/38/EC and correctly the UKBA never says that you have to apply for anything, see http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/. The actual problem is proofing your status in certain circumstances, e.g. here where the OP would need to convince the airline at checkin in SA.

There is no other way of entering UK as a family member of EEA national other than EEA FAMILY PERMIT.If it is very necessary to go abroad u have only this option.

Not if you are not a visa national or have a residence card.

[ignatius]

Thanks for the feedback everyone.

How does this piece of legislation affect me, if at all ? (I am concerned that I dont get the family permit before I need to return to the UK, or if they somehow refuse to issue it). What are my chances of travelling without the family permit? (South Africans with previous proof of travel to the UK in their passport are exempt from needing a visitor visa until mid-2009)

Regulation 11 also states that NO FAMILY PERMIT OR VISA IS REQUIRED:

Right of admission to the United Kingdom
11. —(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State.

(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—


(a) a valid passport; and

(b) an EEA family permit, a residence card or a permanent residence card.


(3) An immigration officer may not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card or permanent residence card.

(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—


(a) an EEA national;

(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or

(c) a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.


(5) But this regulation is subject to regulations 19(1) and (2).

Any ideas?

[86ti]

How does this piece of legislation affect me, if at all ? (I am concerned that I dont get the family permit before I need to return to the UK, or if they somehow refuse to issue it). What are my chances of travelling without the family permit? (South Africans with previous proof of travel to the UK in their passport are exempt from needing a visitor visa until mid-2009)

If the airlines know about this and lets you board then you will have to deal only with the IOs at the airport. I think there are other reports here abourt similar cases, i.e. non-visa national is EEA family member and tries to reenter the UK. In principle it should be ok but take relevant documents with you. You will probable only have the CoA for the EEA4 which should be enough proof.