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Chang Noi
15th May 2007, 01:22
My wife submitted a residence card application to the Home Office in January 07 after entering the UK on a EEA Family permit the August before. Her father is now gravely ill and she has to quickly return to Thailand. To do this we have to ask the Home Office to return her passport which I had thought would lead to her application being cancelled. Yesterday, I was told that she could have her passport back and her application would be put on hold. We can ask the Home Office for an accompanying letter stating that she has already submitted an application which will continue to be processed on her return but I am worried that immigration at Heathrow will refuse my wife entry back into the UK if she arrives without a visa. Any advice would be appreciated.

Chang Noi
15th May 2007, 01:22
My wife submitted a residence card application to the Home Office in January 07 after entering the UK on a EEA Family permit the August before. Her father is now gravely ill and she has to quickly return to Thailand. To do this we have to ask the Home Office to return her passport which I had thought would lead to her application being cancelled. Yesterday, I was told that she could have her passport back and her application would be put on hold. We can ask the Home Office for an accompanying letter stating that she has already submitted an application which will continue to be processed on her return but I am worried that immigration at Heathrow will refuse my wife entry back into the UK if she arrives without a visa. Any advice would be appreciated.

John
15th May 2007, 02:05
I think there is a further issue. Will the airline let her board the aircraft back to the UK?

Why do BIA do this? Once told of a problem like this and the need to return to Thailand promptly, why cannot they quickly deal with the outstanding application? That would certainly make life a lot simpler.

Presumably the original EEA Family Permit has now expired. Worse case .... get another such Permit issued in Bangkok ... but hopefully it will not come to that.

Chang Noi
18th May 2007, 04:16
Thanks for the advice John. I've been in touch with the Home Office again and I'm not satisfied with their answer to the re-entry to UK question as they said it is at Immigration's discretion.
You're right that my wife's EEA Family permit has expired but rather than getting another one of these in Thailand and then having to go through the Residence Card application again for 6 months, I was thinking of going for a spouse settlement visa as I think we can now meet all the criteria. If we fail for some reason, we then have the fall back of another EEA permit. Any thoughts on that? Any idea how long the British Embassy/UK Visas in Bangkok is taking these days to process settlement visa applications?
Thanks
Chang Noi

Tobias
18th May 2007, 04:35
Originally posted by Chang Noi:
... and then having to go through the Residence Card application again for 6 months, I was thinking of going for a spouse settlement visa as I think we can now meet all the criteria. .... Any thoughts on that? That is a very, very expensive option. The EEA option is free, the Immigration route is far from free.

I suppose it is all down to how soon your wife will want naturalisation as British - if that is what she would want.

ash
19th May 2007, 23:33
Whats weird is that the home office need the passport at all we applied for a French residence card in March and they simple looked at the passport and took a copy.

I understand that the HO would need to stick the permit in the passport but that could be done when the permit is approved.

ash

Chang Noi
11th Jun 2007, 00:53
My wife went back to LOS a couple of weeks ago and we were advised by the BIA to withdraw her Residence card application and re-apply when she's back in the UK. So after 4.5 months of waiting, they did not put the application on hold as I'd been told they would.
We then spent lots of time and energy putting together her Spouse Settlement Visa application. My wife went to UK Visa centre in Bangkok to be told that as I was not a UK passport holder, they may [?]not be able to grant the visa and advised her to apply for an EEA Family Permit instead as I'm an Irish national resident in the UK.
As Tobias said, the settlement visa option is an expensive one but we wanted my wife to able to travel and not wait 6 months for the Residence card to come through. So, it now looks like we'll be going for the EEA option and I'll have to travel back with her. I'm not really complaining though as I now don't have to pay out 36,000 baht.