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Please help! Want to leave & re-enter uk

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

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Niky
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Please help! Want to leave & re-enter uk

Post by Niky » Thu May 31, 2012 4:53 pm

Hi!
I am a new zealander and my Dutch partner & I came to the uk 2 years ago. My tier 5 youth mobility visa has since expired but my Dutch partner and I have just got married in the uk. He is fine to leave and re-enter to the uk on his dutch passport but can I? Is it enough to carry my marrage certificate? We are currently applying for a EEA2 form but it could take up to 6months & we are planning to go back to N.Z by then :( Is there any other way???

Would be grateful for any help. Have had such a hard time trying to find the answers to my questions & wasted soooo much call time trying to get through to authorities to give me advice.

From stressed kiwi.
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Jambo
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Post by Jambo » Thu May 31, 2012 5:33 pm

See kiwi travelling with CoA.
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Niky
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Post by Niky » Fri Jun 01, 2012 11:39 am

Thanks for that but not sure if that apply's to me as i dont have a COA. Not sure what it is? Just have an expired tier 5 and am now married to my Dutch partner here in London..
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Niky
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Post by Niky » Fri Jun 01, 2012 1:15 pm

And now the EEA2 form we sent in has been denied :( can I legally leave & re enter the uk with my passport & marage certificate?
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vinny
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Post by vinny » Fri Jun 01, 2012 1:31 pm

Why was it denied?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Niky
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Post by Niky » Fri Jun 01, 2012 1:49 pm

Apparently didn't show enough evidence that my husband is exercising his treaty rights... 2nd time we have sent this form away & has been rejected twice. We have supplied everything they asked for, bank statements, NI contributions, pay slips, invoices etc etc... It could take up to 6months to get this card & that's if we can ever get it right!
Am considering just trying to leave the country for a holiday & see if they let me in with my marage cert. So frustrating, just want to know if I can legally re-enter without getting deported
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vinny
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Post by vinny » Fri Jun 01, 2012 1:54 pm

11(4).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Niky
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Post by Niky » Fri Jun 01, 2012 2:26 pm

Thank you so much for that link. Been trying to find that info for the past 3months & people from British embasy keep saying different things. So I guess I can come back in if I show I'm married to my Dutch husband (marage cert). He doesn't have a residence card but I understand he doesn't need one as he is an EEA national
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Jun 01, 2012 2:40 pm

I fail to see why the application was declined. Did he apply as a worker? If so, all that's required is a letter of engagement from his employer plus passport.
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vinny
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Post by vinny » Fri Jun 01, 2012 2:45 pm

See also EC law applications.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Jambo
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Post by Jambo » Fri Jun 01, 2012 2:50 pm

EUsmileWEallsmile wrote:I fail to see why the application was declined. Did he apply as a worker? If so, all that's required is a letter of engagement from his employer plus passport.
As the list of the supporting documents submitted includes invoices and NI contributions, I suspect it's self-employment.
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Jambo
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Post by Jambo » Fri Jun 01, 2012 2:54 pm

Niky wrote:Thanks for that but not sure if that apply's to me as i dont have a COA. Not sure what it is? Just have an expired tier 5 and am now married to my Dutch partner here in London..
CoA is Certificate of Application which is basically an acknowledge letter from the HO when having a EEA2 application in process. As you failed to meet the initial screening for documents for your EEA2 application, CoA was not issued.

If you are travelling together with your Dutch spouse, then a marriage certificate should be enough to get you in. If you are travelling alone, carry also some proof of your spouse residence in the UK (a utility bill) or proof of exercising treaty rights.
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Niky
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Post by Niky » Sun Jun 10, 2012 10:55 am

First of all Thanks for everyone's help. A few more questions if any ones knows...
-My husband has a Dutch passport but hasn't applied for any residence cards or right to remain in the uk. Do can he legally live & work here for as long as he wants?
-And can I a NZ citizen legally live and work here with him?
Thanks!!!!!!
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Jun 10, 2012 11:18 am

The rules are very simple.

If your husband is an EU citizen (but not usually British) and is working in the UK, you can remain and work.

End of very simple answer.
Last edited by Directive/2004/38/EC on Sun Jun 10, 2012 11:22 am, edited 1 time in total.
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Jambo
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Post by Jambo » Sun Jun 10, 2012 11:19 am

Niky wrote: -My husband has a Dutch passport but hasn't applied for any residence cards or right to remain in the uk. Do can he legally live & work here for as long as he wants?
Yes. There is no need to apply for permission if you are a EEA national.
-And can I a NZ citizen legally live and work here with him?
Yes. As long as he exercise treaty rights. There is no legal requirement to apply for a permission to live in the UK (but it is advisable to ask for confirmation of your rights by applying for a Residence Card).
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Niky
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Post by Niky » Sun Jun 10, 2012 11:58 am

Ok thanks for that. Believe me I have called the British embasy so many times to get one answer for that question & have had several conflicting answers. One person from British embasy said that I shouldn't be working and that I wouldn't be let back into the country. And another said that I would have to apply for a visitors visas. This is why I have been so confused & shit scared of leaving the uk for a holiday.
Will travel with my marage cert & print out copies of my rights that were posted here.
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Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Jun 10, 2012 12:18 pm

Read carefully through http://eumovement.wordpress.com/2010/08 ... to-travel/
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