Urgent UK admission with Eu residence card for non eu spouse

[borninblighty]

please can anyone advise.
I am british and my Husband is non eu citizen he has 2 spouse visa for the Uk which expired in June ..
He also holds a 5 year residence card for Germany which states on it family member of Uk citizen...as I worked in Germany for a while in 2011-12. but we returned to uk after having our baby
Husband and I seperated in April this year and he went to stay in france with his family for a while but now
He now wants to come and live with me again in Uk will he be allowed to re enter either with the expired visa or residence card of Germany?
please can anyone advise?
as have been searching on here but cant find the exact answer to my question many thanks in advance

[borninblighty]

Sorry I meant to write he holds a residence card for germany which states family member of an eu citizen
not uk citizen
thanks

[EUsmileWEallsmile]

It is interesting that you chose the UK immigration rules to bring your spouse to the UK having worked in another EU state. Perhaps it might have been better to make use of the Singh route. That said, perhaps you were unaware of it, perhaps you still are.

In any case, I don't know so much about the UK immigration rules, other than they can be quite strict and inflexible.

For EU route, matters are rather simple. Having worked in another member state and having lived there together, you were entitled to use EU law in order to return to the UK together with your EU spouse. The fact that you did not obtain documentation for that will not (or rather should not) prejudice a claim for such documentation now.

The UK would expect an applicant in the circumstances you describe to obtain a family permit.

[borninblighty]

what happened we chose the uk route first as I was living out in my husbands country for 3 years and had no idea at that time about the Singh route. This was 2010.. I had to leave my husband behind move back to the uk find a house a job and then he finally arrived on british soil and us minus hundreds of pounds for his visa he arrived in the uk in 2011.. After being a few months in uk we moved to germany as I had been offered a good job there we stayed there till Dec 2012 and moved back to the uk after our baby was born early this year..
As I mentioned he left the uk in may but now wants to come back again but his uk visa is now expired and the only thing he holds is an eu residence card for germany

so will he only be permitted in do you think if we obtained the family permit?

[EUsmileWEallsmile]

How long did you work in Germany? Did your spouse live there with you?

It sounds like a reasonable time frame given that he obtained a German residence card.

The UK is currently fighting a case where it continues to refuse to recognise other EU state's residence cards as it appears to be obliged to do under the terms of directive 2004/38/ec. The basis of the refusal was lack of veracity in terms of said residence cards. Germany's was not at issue.

To cut a long story short, your husband could apply for a family permit providing he provides evidence that you lived in Germany together while you worked.

[borninblighty]

Thanks for taking the time to write back to me.. I worked as a teacher there from September 2011 till Jan 2012.. Our baby was born in Germany in April 2012 and then I returned to work again in Germany from July 2012 to Dec 2012 when I finished to prepare for us returning back to the Uk..

My husbands uk visa expired in June this year
So all he has now of course is a German residence card and an expired uk spouse visa

Do you think though they might just let him in with the German card considering he is married to a brit lived here in the uk had a job in the uk and national insurance number and paid tax

we are just so confused by it all and he doesnt want to book a ticket in case easyjet refuse him boarding

[vinny]

To cut a long story short, your husband could apply for a family permit providing he provides evidence that you lived in Germany together while you worked.

Probably best.

[EUsmileWEallsmile]

I would agree with vinny, apply for family permit. Apply for residence card once back in the UK (EEA2 form on UKBA website).

[borninblighty]

Sorry to sound a bit naive now does that mean apply for the eea permit in France where he is at the moment before he travels?
Or does that mean they will issue him one at the airport?

[vinny]

apply for the eea permit in France where he is at the moment before he travels?

Click on given links in earlier post for more info.

[Directive/2004/38/EC]

You can not apply for a visa at the airport before you travel. At least I have never heard of such a thing

[borninblighty]

Thankyou all for taking the time to read my post and for those of you who have been kind enough to add a reply or feedback for me.
Could he then turn up at the airport and with the airport staff and passport check just quote Singh to them or would it be a lot more complicated than this?

[EUsmileWEallsmile]

If he were to turn up at the airport, it is likely he would be denied boarding. If he were to get to a border, he may be able to argue his case and be admitted.

Family permit could be obtained in France.