Still waiting for EEA4 but may need to travel

[flip2000b]

Hi,

My wife and I live in the UK and I am on a dual citizenship with Ireland. When she came we got her here on an EEA Family Permit visa and she has now been here for the 5 years, so we can apply for the permanent resident card using the EEA 4 form.

We are still waiting to get it back but we have to travel in an emergency. From what I understand we don't actually need the permanent residence visa for her to stay in the country and for her to travel, but it just makes it easier in terms of coming through airports etc? If that is the case what do we need to take with us to make getting back in the country easier? Or have I been totally misled and she has to have it and we are just stuck?!

Thanks

Phil

[PatWhittaker]

I understand that as long as your wife travel with you, she should be fine, bringing along married certificate so that the immigration will allow you in the country.

The problem though will be at the airport if you travel by air, they might not let you on board. Perhaps you should check with the airline whether there's going to be a problem.

(( I'm not an expert on this though I came to England on EEA route myself and I've still got the RC. I'll fly back to England in December and I checked with Lufthansa airs, it seems they are ok with RC. Not that I'm confident about it.))

[Richard W]

I understand that as long as your wife travel with you, she should be fine, bringing along married certificate so that the immigration will allow you in the country.

You also need evidence that you still count as an EEA national with regard to your wife - see the transitional arrangements in Schedule 3 of the Immigration (European Economic Area) (Amendment) Regulations 2012. I think the key point is evidence of her having entering on that old family permit. Alternatively, an old residence card should do the trick. (This statement is dependent on it now being October 2014 - it won't be generally applicable after June 2017.)