# Will I have problems leaving the UK with expired EEA Family Permit?



## nickfromtexas (Dec 30, 2012)

My EEA Family permit has expired in November of 2012 and I'm leaving the UK on 26 of February. My wife is exercising her rights by having a steady job so I didn't apply for a RC. Should I bring documents to support that technically I'm not illegal nor have done anything illegal if they're not satisfied?


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## Joppa (Sep 7, 2009)

nickfromtexas said:


> My EEA Family permit has expired in November of 2012 and I'm leaving the UK on 26 of February. My wife is exercising her rights by having a steady job so I didn't apply for a RC. Should I bring documents to support that technically I'm not illegal nor have done anything illegal if they're not satisfied?


No problems leaving UK (no exit control) but re-entering is another matter. You can argue your case about your derived right under EU rules, but they normally expect you to have a fresh EEA family permit or residence card. So carry as many documents as you can about your status - your wife's passport copy (preferably certified by her consulate), job details, marriage certificate and of course expired permit in your passport. You should be allowed back in eventually, but you are likely to be delayed as they question you and do verification checks. Are you travelling on your own or with your wife?


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## nickfromtexas (Dec 30, 2012)

I'm going back by myself so I hope that her not being there will be a problem. She's coming to the airport with me though but my flight leaves at 8:15 AM to Dublin so I'm not sure if she could stay and verify anything by her presence. Will it benefit if she's there with me or do they only check these things at customs? 

I may have interpreted that wrong. Sorry, are you saying that I will have absolutely no problem LEAVING the UK under my situation but ENTERING will require everything new such as documents, passports, etc? I just remember once I overstayed 1 day in Spain due to a strike at the airport and the Swiss gave me a hard time for it. I just don't want to be leaving the UK and the officers be chewing me out.


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## Crawford (Jan 23, 2011)

The immigration people don't worry about much when you are leaving the country - you are not their problem once you have left.

....... however, re-entering a country with an expired visa - why do you think you won't have questions then? 

Your visa has expired therefore how do you re-enter the country under the category your visa was originally issued for?


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## Joppa (Sep 7, 2009)

Crawford said:


> The immigration people don't worry about much when you are leaving the country - you are not their problem once you have left.
> 
> ....... however, re-entering a country with an expired visa - why do you think you won't have questions then?
> 
> Your visa has expired therefore how do you re-enter the country under the category your visa was originally issued for?


It isn't quite as black-and-white as that, since we are talking about EU rules rather than UK immigration law. Under EU law, it isn't a LEGAL requirement to hold EEA family permit, residence card etc to prove one's status under EU rules. But in the absence of such documents, onus will be on you to show you qualify for entry under EU regulations, and UKBA can demand sufficient proof and evidence before allowing you in. Hence you are recommended to carry prescribed documents, but failing that, enough evidence to convince the immigration officer that you are entitled to enter on derived right from your EU partner.


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## Crawford (Jan 23, 2011)

I think this is the same issue another OP had in the following thread? :

http://www.expatforum.com/expats/br...d-confusing-stamp-my-passport.html#post985895


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## Joppa (Sep 7, 2009)

I do know about that post, and have replied to it. Stamp 1A is what you get when you are allowed to enter under EU rules but in the absence of appropriate documents.
How much do you know about EU regulations?


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## Crawford (Jan 23, 2011)

Joppa said:


> I do know about that post, and have replied to it. Stamp 1A is what you get when you are allowed to enter under EU rules but in the absence of appropriate documents.
> How much do you know about EU regulations?


Is this not the same issue as NickfromTexas? He will be re-entering the UK with an expired EEA family permit? So could possibly expect same issues when re-entering.

With regard your question about EU regulations, I obviously don't know as much as you. Just thought that, since the OP asked about maybe getting questions when re-entering on his expired permit, providing some info as to what someone else with the same question experienced, it might help them.

Perhaps not ..........


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## Jrge (Mar 22, 2011)

Hi,


nickfromtexas said:


> I'm going back by myself so I hope that her not being there will be a problem. She's coming to the airport with me though but my flight leaves at 8:15 AM to Dublin so I'm not sure if she could stay and verify anything by her presence. Will it benefit if she's there with me or do they only check these things at customs?
> 
> I may have interpreted that wrong. Sorry, are you saying that I will have absolutely no problem LEAVING the UK under my situation but ENTERING will require everything new such as documents, passports, etc? I just remember once I overstayed 1 day in Spain due to a strike at the airport and the Swiss gave me a hard time for it. I just don't want to be leaving the UK and the officers be chewing me out.


Just to kindly clean the air:

As indicated by Joppa, your exit should be smooth and hopefully you will enjoy a nice transatlantic flight back to the US. However, entering the UK with an expired EEA-FP will most likely delay your connecting flight, why?: you will have a lot of answering to do, especially since your spouse isn't coming with.

Nonetheless, fear no more. Carry all the documents you have been advised and "maybe" the IO will be kind enough to give you the CODE 1A Stamp. It is also almost imperative for your wife to be at the Airport and easily reachable, should the IO find the need to talk to her.

Animo
(Cheers)


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