I applied for the family permit but it was refused due to the absence of the Original Marriage Certificate, I sent only the legal translation!

The thing is: I’ve already got tickets (Brazil - UK non refundable) for the 12/12 and I don’t want to lose it... there is no time to apply again for the visa and I don’t want to miss Christmas with my family.. My wife (Italian national) is there with my three kids since October...

She’s got a job, a rented house, bank account, is soon to get her NiN (she already had the appointment), the kids are already enrolled at school and they are all registered at the local GP.

I’ve got all the docs to support that...

The question is:

Can I get on board this flight and try getting in as a tourist? Do you think I risk being sent back even though I’ll provide all the docs?

“We’re married for 11 years and have 3 kids”

Please, help me out... your answers will be much appreciated!

  • 1
    You haven't specified your nationality but I assume it's brazilian. Brazilians don't need a visa to visit the UK for tourism purposes, so you should be OK. However, if you've applied for a family permit you might have a hard time persuading the Immigration officer you're only visiting. – user79658 Dec 1 '18 at 0:16
  • Thanks for you answer! Yes, I am Brazilian... but I heard they might give me the family permit at the immigration as well.. not sure if this information is reliable! And having in mind that the family permit AND the tourist visa are both 6 months, I don’t see a reason why they would make it an issue... what do you think? – Murilo Dec 1 '18 at 0:38
  • 2
    A family permit expires after six months, but allows you to stay after that time if you and your partner meet certain eligibility requirements. Without one you'd be expected to leave the UK within six months. If you can enter the UK visa-free you'd only apply for a family permit if you intend to stay. Ergo, to enter visa-free now you need to demonstrate to the IO at the point of entry that you are ony visiting. You make no mention of a return flight. If you don't have a return ticket demonstrating an intention to leave will be hard. It is possible that the airline will not let you board. – user79658 Dec 1 '18 at 1:21
  • Entering visa-free having been refused a specific visa can be done, but... One questioner here successfully entered the UK under similar circumstances but was delayed at the airport for several hours while UK immigration verified their story. – user79658 Dec 1 '18 at 1:27
  • @CannonFodder the other option is to fly to the UK and claim a right of entry under the EEA regulations at the border. Then it would not be necessary to convince anyone of being a genuine visitor. Also, entry under the regulations is subject to conditions after three months. The family permit is like a US visa in that regard: it's only useful for entry; it had no bearing on the right to remain in the UK. – phoog Dec 1 '18 at 4:22