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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Im married to a Dutch EEA national and had a EEA2 visa for

Resolved Question:

I'm married to a Dutch EEA national and had a EEA2 visa for 5 years... that has run out I'm in the process of applying for an EEA4 visa for permanent residence in the UK. We have requested our passports back as we urgently have to travel for work... They have sent our passports back but obviously the visa is not yet approved and my EEA2 is expired. Will i have a problem coming back into the UK after our work trip? And is there any documentation i can take with me to try and avoid this? Thanks
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Howard replied 4 years ago.
As you are no doubt aware, the residence card is simply confirmation of an existing right that you have. In order to demonstrate your right to be in the UK you should travel with evidence of the following:

- your relationship (marriage certificate and a couple of recent bills showing that you are both living together, with joint documents being ideal).

- your partner exercising Treaty Rights in the UK (if your partner is working then recent payslips and bank statements showing receipt of net salary payments for the most recent 3-month period and ideally a letter from the employer to confirm that your partner is expected back at work - if exercising Treaty Rights on a different basis then that should be clearly evidenced).

Does the above answer your question?
Customer: replied 4 years ago.

He will not be travelling with me on this occasion which is while i'm obviously nervous about leaving.. I have been warned that it's possible I could be sent back to the port i flew in from ( in this case it will be Greece )

Expert:  Howard replied 4 years ago.
If you carry recent evidence then there is no reason for you to be returned home. You have the right to be here and the law is on your side. If you can evidence that your relationship is subsisting (living together as husband and wife) and that your husband is exercising Treaty Rights then they will have no legitimate basis for refusal of entry.

You cannot guarantee that you will not get a difficult member of staff that simply wants to give someone a problem on the day you return but having the evidence with you means that you can argue against any nonsense they might try. Also try to ensure that you return at a time when your husband can definitely be contacted on a land line ideally or on a mobile as a backup.
Customer: replied 4 years ago.

We are a gay couple.... Married in The Netherlands. Would the following documents be advisable to take with me..


- My passport


- A copy of his passport ( which states i'm his partner in it)


- Our confirmation letter from UKBA saying our application is being processed


- Copies of bank statements in joint names or Credit Card ( we don't have 3 months worth of these because all that kind of paperwork has been sent to the home office as evidence!)


Would you recommend anything else?

Expert:  Howard replied 4 years ago.
Those items would all be ideal BUT you also need to demonstrate that he is exercising Treaty Rights in the UK, so you should ideally take something with you to prove this - most recent payslips and bank statements or a letter from the employer to confirm employment.

Your right to be in the UK is based on the relationship being genuine and subsisting and also on your partner exercising Treaty Rights (I have assumed that he is employed).
Customer: replied 4 years ago.

He starts a new job tomorrow working for Qantas Airways based out of Heathrow.. would a copy of his employment agreement be sufficient?

Expert:  Howard replied 4 years ago.
Was he working somewhere else immediately prior to this?

A contract does not mean he has started - it simply means a job has been offered - so I would still advise a letter from the employer to confirm his employment. Ideally this would state that he is currently employed and so would be issued once he has started.

If you are planning to leave before that then you would have to supply whatever is available to evidence employment.
Customer: replied 4 years ago.

ok.. i will chase all this up. Btw I'm Australian in any case am i not entitled to come into the UK for 3 months as a tourist?

Expert:  Howard replied 4 years ago.
I would avoid them stamping your passport as a visitor, regardless of you having that right - as a general rule the most recent status replaces any prior visa status and this could therefore cause problems. Make sure you enter the UK under the status that you require and to which you are entitled just to be as safe as possible.

You are welcome to ask further questions if you would like to do so but I would very much appreciate you rating the service at this stage - you can still ask further question if you would like to do so and I will be happy to help.
Howard and other Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

Done... thanks for your help.

Expert:  Howard replied 4 years ago.
You are very welcome and thanks for the rating - much appreciated.

If you want to ask other questions in future then you can ask for me by posting the question from my profile page or starting your question "For UKVisas Only".

I will close the question but you can always open it back up by asking a further question on this topic if you would like to do so.

You should not have any problems but I'll wish you the best of luck anyway!