Please support us so we can help others

>> CLICK HERE TO START A NEW POST <<

(you need to log in to post)

Announcement

Collapse
No announcement yet.

Enter UK whilst waiting for family permit?

Collapse
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • Query Enter UK whilst waiting for family permit?

    My partner (French citizen) applied for a EUSS family permit to come to the UK, on the basis of joining a qualifying British citizen (myself) as we had lived together in France since April 2019. He would then apply for settled status upon arrival. I moved back to UK 3 weeks ago to start making moving arrangements whilst he waited in France for his permit. But has still not got his passport back with the family permit - it has been 6 weeks, and UKVI told me the average processing time is now 12 weeks.
    My question is, can he still legally enter the UK with only his French national ID card, even though the family permit is pending? Or is our only option to wait to get his passport back? Thanks in advance for advice.
    ​​​

  • #2
    Originally posted by alice1992 View Post
    My partner (French citizen) applied for a EUSS family permit to come to the UK, on the basis of joining a qualifying British citizen (myself) as we had lived together in France since April 2019. He would then apply for settled status upon arrival. I moved back to UK 3 weeks ago to start making moving arrangements whilst he waited in France for his permit. But has still not got his passport back with the family permit - it has been 6 weeks, and UKVI told me the average processing time is now 12 weeks.
    My question is, can he still legally enter the UK with only his French national ID card, even though the family permit is pending? Or is our only option to wait to get his passport back? Thanks in advance for advice.
    ​​​
    Afternoon,

    Normally, EEA nationals do not need family permits, they can apply directly for pre-settled status from abroad. The Home Office has said the following in response to an enquiry I sent regarding this:

    All EEA travellers can still enter the UK via the production of their valid passport or national identity card. EEA travellers are able to use eGates in order to gain entry into the UK if they are travelling on their passports as they were previously.

    Those EEA citizens and their family members who have made an “in time” application to the European Union Settlement Scheme (EUSS) which remains pending after the end of the grace period will continue to be protected by the Citizens’ Rights (Temporary Protection and Application Deadline) (EU Exit) Regulations 2020. This means that they will continue to have a right of admission until their application is finally determined, and will not require a grant of leave at the border nor will they need to await the issue of a COA.

    EUSS family permit holders may re-enter the UK as many times as they wish during the validity of their permit. Provided that they have applied to the EUSS before the date that their permit expires, they will continue to have their leave extended by virtue of section 3C of the Immigration Act 1971 until such point that their EUSS application is finally determined. In all cases, Border Force officers will be able to verify the existence of a pending application on Home Office systems, should they need to do so.

    I trust that this information clarifies the situation.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Hi, thanks for your answer. I wasn't aware he could apply for the EUSS directly from abroad, so we went the family permit route. Good to know that the identity card is sufficient for entry. Under normal circumstances then, he should not be denied entry as a visitor. But my two concerns are 1) it gets flagged at border control that he has a pending family permit application and they accuse him of coming in to try and stay illegally 2) if he gets in on a visitor visa, it might cause problems for him later applying to the EUSS from within the UK even if his family permit finally comes through. I'm hoping that the FP would override the tourist visa but could never be sure - it'd be expensive and annoying (quarantine) if he had to leave and come back in the UK with the FP just for that purpose.
      I know the safest thing would be for him to wait in France for the FP to come through but since we thought it would only take 3 weeks, he has given up our apartment in France and so will be forced to sofa surf for a potential 6 more weeks, while I take care of moving house alone. Any advice, is it worth the risk?

      Comment


      • #4
        Originally posted by alice1992 View Post
        Hi, thanks for your answer. I wasn't aware he could apply for the EUSS directly from abroad, so we went the family permit route. Good to know that the identity card is sufficient for entry. Under normal circumstances then, he should not be denied entry as a visitor. But my two concerns are 1) it gets flagged at border control that he has a pending family permit application and they accuse him of coming in to try and stay illegally 2) if he gets in on a visitor visa, it might cause problems for him later applying to the EUSS from within the UK even if his family permit finally comes through. I'm hoping that the FP would override the tourist visa but could never be sure - it'd be expensive and annoying (quarantine) if he had to leave and come back in the UK with the FP just for that purpose.
        I know the safest thing would be for him to wait in France for the FP to come through but since we thought it would only take 3 weeks, he has given up our apartment in France and so will be forced to sofa surf for a potential 6 more weeks, while I take care of moving house alone. Any advice, is it worth the risk?
        Hello again,

        Not sure why you are referring to a visit visa, since EEA nationals do not require one, so he wouldn't be entering on a visitor visa. Normally EEA nationals don't need the family permit as previously discussed, and can apply directly from abroad. Having said that, he would have had to surrender his passport when he applied for the permit, so if he comes to the UK on the ID card, how is he going to get hold of the passport with the permit in it which would be in France?

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment

        Working...
        X