My Thai wife is applying for a EEA2 in the UK. Her current EEA -family permit has expired. She has got a certificate of application stating that she has the right to live and work in the UK while her application is being handled. We are now considering going to my home country (Sweden) for the holidays. So what are the rules?

We have talked to the UK border agency. They give different opinions. Some say that she will need to get to the UK Embassy in Stockholm for a SMP-stamp. We contacted the Embassy (mail and phone), they didn't want to have anything to do with us and told us to contact their agent - World Bridge.

So we did. They never heard about any SMP stamp. Instead they sent us a standard mile long mail about nothing. The issue here is if she will have any problems to enter the UK again if she only has her passport and certificate? We will travel together.

Normally it wouldn't be a big deal because she has a Swedish residence permit, but she really needs to get back to UK and her job in time. So if there is anyone out there who can give us more and better information and some peace of mind we would be very happy.

Many thanks in advance,

Joints

The Immigration (EEA) Regulations 2006 enshrine the law in the UK regarding EEA nationals and their families. Thus is what the regulations say:-

"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

So 2 (a)& b say your wife must be admitted if she has a passport and a residence card, and 4 says that an IO can not turn her away without giving her a chance to produce these documents. I think the bit that I've underlined confirms that a certificate of application should be sufficient "proof by other means" that she has a right of residence in the UK as your wife.

Thank you very much for your replay! I also hope that you are right. Will give it a go anyway.

Joints

Edited December 10, 201015 yr by Joints