Eea Family Permit Transfer

[totlanh]

Hi Folks,

Sorry but we,ve sort of all-ready covered this but again im very concerned.Briefly my problem is thus:Wifes Vietnam passport has expired,eea family permit in this.I was fully intending in travelling with the old and new passport however i phoned the home office today and said i could do this but advised me against it as they "claim"that the IO officer could refuse her entry.Im further concerned that i could face problems in Bangkok,whether it be from some ill informed check in person or immigration offical and who may refuse my wife onward travel.So i have come to the conclusion for my peace of mind that the best thing to do is to get a new permit stamped into her new passport.Now this in turn has problems as the girl who took my call said it could take up to 6 months.When i explained that we are travelling in 16 weeks she suggested that i put in a covering letter and evidence of this travel and the case officer may speed things up however again she stressed that this in no way could be guaranteed.So my question is thus:Does anyone know if there is any way to get this done quicker?I recall someone said they could but i would have to pay for this service.If i cant what would anyone suggest i do!!I do rralize in all probability if i retained the old passport things would probably be ok,but guys really i dont want any chance that my wife could be refuded entry.Any suggestions would be very greatly appreciated.

Edited February 21, 2007 by totlanh

[GU22]

From the IND EEA/EU Nationals

Transfer Of Conditions

Transfer of conditions is not a concept in European law. If you have obtained a new passport and wish to have confirmation of your status endorsed in your new passport you will have to make a fresh application submitting evidence confirming that you still qualify for the confirmation that you seek.

So it doesn't look hopeful. Although it does say "If you.....wish to have confirmation of your status endorsed in your new passport..." which sounds like using both old and new passports may be ok.

That same page says they are currently working on applications recieved last September; so 6 months seems about right.

It does say in Return of passports

I have made an application to IND and sent in my passport. Now I want to travel. Can I have my passport back?

If you want your passport back so that you can travel, we will return it, but we will cancel your application. Certificate of Approval, European or Nationality applications are not affected by the return of passports.

So maybe you can submit the application and then ask for her passport back so she can travel.

Scouse?

Edited February 21, 2007 by GU22

[totlanh]

Thanks GU22.I read with interest the p[aret saying that they will return your passport however they continie saying it can take up to 4 weeks!!Im pissed off you know asa there is another 2 years on the stamp so i myself can see no good reason why it should be necessary to apply for a new permit!!

[the scouser]

Despite what the Home Office told you on the phone today, the IO on arrival cannot, in reality, refuse entry to your wife. Irrespective of whether she's travelling on her old or new passport, she is married to a national of an EEA country who is exercising a treaty right in the UK, and she possesses a valid endorsement from the Home Office to this effect. The only circumstances in which refusal could be contemplated is if your wife is either criminally inclined, a terrorist, a nutter, or is in possession of various infectious ailments. On the assumption that she is/has none of the foregoing, I, don't see any problem with her travelling with the old and new passports stapled together. Even if the worst comes to the worst, and the check-in clerk at the airport questions your wife's admissiblity to the UK, then you should politely ask him/her to contact the Airline Liaison Officer at the British embassy who will confirm that your missus is acceptable to UK immigration.

Scouse.

[totlanh]

Scouse,thanks mate that will do me you,re a diamond!!

[totlanh]

Hi Scouse,

Another potential problem!!I phoned the Vietnam embassy today asking them to ensure that The old passport when sent back is in no way damaged,unfortuantly they say they have cut the corners of it!!!I know i read if the passport is damaged this may negate the validity of the visa.Am i right to be concerned?I asked them if the visa itself has been touched but they say no...

Thanks Mate

Edited February 22, 2007 by totlanh

[the scouser]

They just cut the corners off as a security measure. This does not mean that the document is mutilated, and the permission from the Home Office within remains valid providing that the conditions of its issue still pertain.

Scouse.