chaoclive

Hi again

My partner now has an 'to acc' EEAFP and we planned to enter together in July. However, I've been thinking that I might want to enter the UK a few weeks before him and then have him enter by himself (with me at the airport to collect him) via Heathrow. Would there be any issues with this? I.e. Could the immigration office refuse to let him in as I'm not with him？I would be outside waiting for him; he would also have a copy of my Irish passport and our civil partnership cert.

The reason is that I would like to go back to rent an apartment first before he goes over and I'd like to stay with my family for a week or two as my sister just had a baby and my grandfather is not very well ATM. However, I don't want my civil partner to get to Heathrow and then get turned away at immigration, just because of the 'to acc' on the visa.

Any experience with this?

If it is an issue, I can wait for him.

Thanks
CC

englishguygoinghome

Legally, no they cannot refuse him entry - the Permit in the passport is simply to show that the have pre-checked your relationship and his elligibilty under freedom of movement rules. As long as they can verify that you are in the UK when he attempts to cross the border then they are not allowed to refuse him entry. The permit is very specifically not a visa in the usual sense -i.e. it is not a requirement of entry that you have a permit before getting to the border, for that same reason the to accompany / to join phrase printed on that permit are not binding.

That is not the same thing as saying that he will be let in or that he will not be given hassle. That is all down to the ECO on the day. One would hope and expect that at least the supervisor would see sense and let him through after talking to you although it shouldn't come to that.

chaoclive

Thanks english guy!

WEBlue

As long as you're there waiting to meet him at the airport, it should work out. I had a family member travelling to join her British husband already in the UK with a mistake on the entry visa in her foreign passport (she didn't know it was an error). She was questioned for some time at entry, but once the IO spoke to her husband in the arrivals area she was let in .... with a warning to get the error rectified (a pain for her, since it wan't her fault ).

chaoclive

Cool - thx weblue!

BritInParis

It's not recommendable but if you're prepared to go to the airport to meet him and your partner is prepared to be delayed on entry then it is doable.

englishguygoinghome

If you have a couple of weeks before travelling then I would suggest asking Solvit (SOLVIT - welcome screen - European Commission) the same question and getting your husband to take a print out of their answer with him to the border. That may speed things up a bit.

chaoclive

Cool! Cheers for that

Guapanegrita

Hi everyone!!!

How are you guys? I'm new here and would like to ask you about the EEA family permit.. Could you please help me? I am a Filipina just recently got married to Spanish national here in the Philippines last May 12, 2014. We met online last September 2013 and met in person in March 22, 2014 and lived together for the whole 2 months of his stay here in Philippines and continue talking and seeing each other when he's back in UK thru Skype and mobile.. My husband is in UK for 1 month now and he is working. I'm just afraid for refusal because we recently just got married last May 12, 2014 and planning to apply this month..

These are the requirements that we will be submitting:

certificate of marriage
his national ID
his passport
my passport
his declaration letter
his airline round-trip ticket (his visit to Philippines)
photos (travel photos, civil marriage, us being together)
money transfer (two months)
hotel and accommodation
his work contract
letter as evidence of genuine relationship

Tomaquet

Hello there (especially chaoclive),

I have this same problem.

On my wife's EEA family permit it states "to acc [my name]". We were planning on arriving together but due to a change in her work commitments, she will now arrive 4 days later. Will this be a problem for her with the ECO? I can meet her at the airport on arrival to show I'm actually in the UK.

All experiences welcome!

Cheers, T

chaoclive

Email from Home Office:

"----- Forwarded Message -----
From: European Operational Policy Enquiries <[email protected]>
To: 'c l' <xxxxx>
Cc: European Operational Policy Enquiries <[email protected]>
Sent: Tuesday, 24 June 2014, 16:15
Subject: RE: EEA family permit: to accompany/to join: Easyjet carriage.

Dear C,

With regards to your below query, the EEA Family Permit is issued in line with regulation 12 of the Immigration (European Economic Area) Regulations 2006. This regulation states that the purpose of an EEA Family Permit is to allow the non-EEA national family member of an EEA national to accompany or join his/her sponsor in the UK.

Although the wording on the vignette says only “to accompany”, in practice this means “to accompany or join”; the omission is simply due to a lack of space on the vignette and it will not prevent your civil partner from joining you in the UK. This right is enshrined by Article 5 of Directive 2004/38/EC and the UK has fully implemented it into the Regulations as cited above.

I hope this is of assistance.

Kind regards,

Adam Lamont
Euro Ops Policy




From: c l [mailto:xxx]
Sent: 23 June 2014 10:17
To: European Operational Policy Enquiries
Subject: EEA family permit: to accompany/to join: Easyjet carriage.

To whom it may concern:


I am an Irish national moving to the UK to work next month. I am considering how my Chinese civil partner can enter the UK on a flight from Amsterdam to Belfast. He has a valid visa for the Netherlands in his passport and I know he can enter the Netherlands by himself.

However, I want him to take a flight from Amsterdam to Belfast on Easyjet by himself. He already holds an valid UK EEA family permit. However, this EEA family permit (issued by the British Embassy in Beijing) says 'to accompany + my name'. My plans have changed since we received the EEA family permit and I have to go to the UK a little before him. I will be collecting him at the airport. Apparently, all that this needs is that I am inside the UK and he is going to join me. I have sought legal advice on this and he would be able to enter the UK. If he were refused, I would be challenging this in the European Courts. My lawyer is already sure that this suit could be won. The reasons are as follows.

Freedom of movement is subject to detailed conditions which are set out in Directive 2004/38/EC. You can find out more at the following website: Right of Union citizens and their family members to move and reside freely within the territory of the Member States. The rules are for the benefit of a non-EU national who is "joining" or "accompanying" their EU national family member (Article 3). The Directive does not specify or mandate that a member state should be able to restrict entry to a non-EU family member if he is no longer accompanying, but instead joining the EEA citizen. The rules for restricting entry are limited, and the UK authorities are required to provide your partner an opportunity to prove that he is entitled to the benefit of the free movement provisions of the Directive. This is because the distinction is purely a factual one, and it should not affect his entitlement to enter.

The UK guidance supports this by setting out that this endorsement only provides an "indication" as to whether to require more or less detailed investigation as to how my partner is required to demonstrate further evidence of his entitlement to reside. You can find out more at the following website: https://www.gov.uk/government/upload...6/section3.pdf.

The UK's current guidance similarly does not specify that the EEA family permit is invalid if there is a change where he is joining the EEA citizen. You can find the UK's current guidance at the following website: https://www.gov.uk/government/public...y-permit-eun02. Therefore, all that is required is that my partner has detailed evidence of his relationship and entitlement to enter as my family member. This legal advice was provided by Your Advice Europe.

Now, the issue is with Easyjet (and other airlines). I have heard of Easyjet (against European Law) refusing people carriage on the basis on not being accompanied by their EEA spouse. I would like to ask: will this be the case if my civil partner, as noted above, were to attempt to get on a flight from AMS to BFS? He will be traveling without me, but he would have a copy of my passport, our civil partnership certificate and proof of a return ticket from Amsterdam to Beijing.

I have approached the airline and they said that I would need confirmation from the relevant UK authority, i.e. the Home Office. Are you able to provide an option about this?

Thanks
C"

Tomaquet

Thanks for the quick reply Chaoclive! I'll try and get an email from the HO as well.

Tomaquet

I also rang the Gatwick Border Force to confirm that she can travel alone (as long as Im already in the UK, and better if I can meet her at the airport). They also said that Easyjet could ring the number to ask to speak to someone there if they were unsure. Interestingly he said that they still can't force the airlines to accept the passenger so I guess the key is to stay patient and calm and be friendly to them otherwise they'll find some other excuse not to take you.

Benfars

hello ,
im a new member , im so happy i found this site , bcz my wife and i were going to send the documents to the irish embassy , now i changed my mind bcz i need your advice.

my wife is british she could nt apply for me ( im moroccan no Eu ) bcz of that law 18600, so she told me abt the SS , i found it good , bcz i can be with my wife and son .

my wife choose ireland

we have dn the application online , but we did nt send documents , bcz i really dnt know which documents

my wife told me

1 original passport
2 mariage cetificate original and in english
3 two passport sized photos
4 letter supporting
5 application form
6 my wife and son´s passports

my questions :
shall i send more documents , if yes which documents ;?

do you think i will get the visa if i applay under the Surinder Singh route ?

thank you so much

Tomaquet

Hi Benfars,

This thread is regarding the difference between a "to accompany" and a "to join" EEA family permit. You're probably better off writing on another thread or start a new one.

Your question isn't very clear either. I think you're applying for an EEA family permit to start a SS route, but not sure where you're living or where your wife is.

But as I said, it's better you write on a more relevant thread or start a new one.

Best of luck!