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Old Jul 27, 2015, 6:52 am
  #31  
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Originally Posted by Kerstin Resander
I'm going to the USA next week for holiday (August 3rd) with a Filipino passport which has a B2 visa on it. I am dual nationality - Swedish and Filipino. I have lived in England for nearly 8 years, so have a permanent right to stay here. I will depart from the USA on September 20th.

I need a document to get me back into England as I have school to get back to. However, my Swedish passport has expired and I've tried to renew it but it is going to take very long as the Swedish embassy asked for extra documents, therefore will not get here in time. I do not have a Residence card, nor a Swedish National ID card. I turned 18 years old recently if that's relevant at all. I still go to Sixth Form and studying my A2 levels until 2016.

I will apply for an EEA Family Permit once I get into the USA, however, I need to find other ways to get into the boarder as I am not sure the EEA Family Permit will be here in time for my departure.

I went to the embassy last week to ask if I could get an emergency passport to get back into England, and the receptionist said that it cannot be used in the USA.

Is this true??
The Filipino passport with the B2 visa may be used to travel to and enter the USA, when the visa is appropriate for the purpose of the trip to/stay in the US. Thereafter, the Filipino passport with an appropriate visa may also be used to fly out of the U.S. (if the airline allows you to fly out of the country) and for general purposes while inside the U.S.

The Swedish emergency passport can't ordinarily be used to travel to the U.S., but you can use it to get out of the U.S. and on your way back to the EU/EEA.

The issues of concern would be:

1. whether or not the US visa is valid for the US trip/stay purposes; and

2. whether or not the airlines will fly such passenger on the ticketed route with such documents; and

3. whether or not the British border control authorities would very quickly grant entry when using such documents.
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Old Jul 27, 2015, 6:59 am
  #32  
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Originally Posted by GUWonder
The Filipino passport with the B2 visa may be used to travel to and enter the USA, when the visa is appropriate for the purpose of the trip to/stay in the US. Thereafter, the Filipino passport with such a visa may also be used to fly out of the U.S. and for general purposes while inside the U.S.

The Swedish emergency passport can't ordinarily be used to travel to the U.S., but you can use it to get out of the U.S. and on your way back to the EU/EEA.

The issues of concern would be:

1. whether or not the US visa is valid for the US trip/stay purposes; and

2. whether or not the airlines will fly such passenger on the ticketed route with such documents; and

3. whether or not the British border control authorities would very quickly grant entry when using such documents.
Are you saying that I should be able to use my Filipino passport to fly back to the UK?

For issues of concern:
1. My visa is valid until March 2024, so it is valid for the US trip.
2+3) Do you mean a Filipino passport, or an Emergency Swedish passport?
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Old Jul 27, 2015, 8:36 am
  #33  
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Originally Posted by GUWonder
The issues of concern would be:

1. whether or not the US visa is valid for the US trip/stay purposes; and

2. whether or not the airlines will fly such passenger on the ticketed route with such documents; and

3. whether or not the British border control authorities would very quickly grant entry when using such documents.
1 shouldn't be difficult for the OP to judge.

I'm confused what you mean by 2 and 3. We've established that there won't be a problem getting into or out of the US from the US perspective (assuming #1 above is in good order), so the question would really boil down to whether the Swedish emergency travel document is sufficient to convince airlines that the OP is legal to travel from the US to the UK and will be admitted. I suppose that's a restated way of asking question 2 (which is really just what the OP is asking in this thread...).

That leaves me totally baffled by issue number 3. Why would the British Border Force turn down someone for entry to the UK with a validly issued Swedish emergency travel document? European Regulations state thus:

Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is an EEA national...
The rule goes on, but the key is that an EEA national cannot be refused admission to the UK merely because she doesn't have a passport. EEA nationals must be given an opportunity to prove by other means their EEA nationality, and it would be an awfully, awfully far stretch for anyone to argue that the Border Force could legitimately turn away a Swedish citizen at the port because she presents an emergency travel document instead of a full passport.

Again, this all comes down to whether the airline will accept the document to travel, there aren't really any other concerns here that are worth debating. And a quick check of TIMATIC (now that I have a real computer) shows the following:

Passport required.
- Passports and/or passport replacing documents issued to
nationals of Sweden must be valid on arrival.

Passport Exemptions:

- Holders of a National ID Card issued to nationals of Sweden.

- Holders of emergency or temporary passports.

VISA NOT REQUIRED.
Thus, if the OP has a Swedish National ID Card, she's fine. If the OP gets an emergency or temporary passport from the Swedish government, she's fine. I think all issues are answered and I don't see any problem with the OP travelling back to Britain on either of these documents.
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Old Jul 27, 2015, 11:21 am
  #34  
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Can I suggest you contact a proper immigration lawyer and the Swedish Government?

Your other threads are on related subjects and you appear to be asking variants of the same questions.


http://www.flyertalk.com/forum/u-k-i...ken-again.html

http://www.flyertalk.com/forum/u-k-i...mit-twice.html
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Old Jul 27, 2015, 12:39 pm
  #35  
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Originally Posted by Microwave
1 shouldn't be difficult for the OP to judge.
It usually is pretty easy to judge, but people with unexpired US visas get denied at US POEs because they judged the visa to be valid for the trip/purpose of the stay while the airline/contractors or CBP didn't see it that way even as the visa was legitimately issued and unexpired. For dual-nationals of the non-US/non-Canadian sort, it ends up being more complicated in some ways.

Originally Posted by Microwave
I'm confused what you mean by 2 and 3. We've established that there won't be a problem getting into or out of the US from the US perspective (assuming #1 above is in good order), so the question would really boil down to whether the Swedish emergency travel document is sufficient to convince airlines that the OP is legal to travel from the US to the UK and will be admitted. I suppose that's a restated way of asking question 2 (which is really just what the OP is asking in this thread...).

That leaves me totally baffled by issue number 3. Why would the British Border Force turn down someone for entry to the UK with a validly issued Swedish emergency travel document? European Regulations state thus:



The rule goes on, but the key is that an EEA national cannot be refused admission to the UK merely because she doesn't have a passport. EEA nationals must be given an opportunity to prove by other means their EEA nationality, and it would be an awfully, awfully far stretch for anyone to argue that the Border Force could legitimately turn away a Swedish citizen at the port because she presents an emergency travel document instead of a full passport.

Again, this all comes down to whether the airline will accept the document to travel, there aren't really any other concerns here that are worth debating. And a quick check of TIMATIC (now that I have a real computer) shows the following:



Thus, if the OP has a Swedish National ID Card, she's fine. If the OP gets an emergency or temporary passport from the Swedish government, she's fine. I think all issues are answered and I don't see any problem with the OP travelling back to Britain on either of these documents.
The OP doesn't have a Swedish National ID card, and the Swedish consular officials almost certainly won't provide one.

If the OP gets a Swedish emergency passport from the Swedish government, she may be fine if only needing to present it on departure from the US to return to the EU/EEA; but given how such docs may be issued with limited route validity, it's anything but certain that one issued in the UK would be accepted by the airlines when leaving the U.S.; it's not even certain it would be accepted by the UK passport control unless there are no restrictions against the doc's use for travel to the UK.

If the OP is trying to use such docs as part of travel to the U.S., it may even be a problem with the airlines for the trip to the U.S. and/or with some relevant border control authorities. For this, it would be useful to know the routing of the relevant booked trips, just in case that provides additional complications.

Personally, if I were in the UK and needed a Swedish passport, I would try to make plans to fly to Sweden or Denmark and get the passport and any other useful docs in person in Sweden.

Last edited by GUWonder; Jul 27, 2015 at 12:46 pm
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Old Jul 27, 2015, 1:35 pm
  #36  
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Originally Posted by GUWonder
If the OP gets a Swedish emergency passport from the Swedish government, she may be fine if only needing to present it on departure from the US to return to the EU/EEA; but given how such docs may be issued with limited route validity, it's anything but certain that one issued in the UK would be accepted by the airlines when leaving the U.S.; it's not even certain it would be accepted by the UK passport control unless there are no restrictions against the doc's use for travel to the UK.
Once again, UK Border Force must give EEA nationals a reasonable opportunity to prove their nationality at the border. A Swedish emergency travel document is strong evidence of nationality, even if it has some kind of limited route validity. To be clear, I'm not an expert on Swedish identity documentation, but I know a thing or two about what the Border Force must do when an EEA national presents herself at the border for entry. Furthermore, could the OP not get the emergency travel document from the US for return to Britain? That would seem perhaps the path of least resistance to me, even if it requires some overnight shipping to the nearest consulate that handles emergency travel documents. Or the OP could explain the situation to the Swedish officials here in Britain and they could issue her documents for the trip to and from the US. This surely can't be an unsolvable problem.

If the OP is trying to use such docs as part of travel to the U.S., it may even be a problem with the airlines for the trip to the U.S. and/or with some relevant border control authorities.
The OP has another passport with a valid US visa, there's no need to muddy the waters with a Swedish emergency travel document during her travels to the US. Even if she gets a Swedish emergency travel document from the UK, I'd suggest that she's still better off using her Filipino passport to enter the US just to keep things simple at the border.

Personally, if I were in the UK and needed a Swedish passport, I would try to make plans to fly to Sweden or Denmark and get the passport and any other useful docs in person in Sweden.
Definitely this would be the easiest route, no doubt in my mind! This is all solved with a permanent Swedish passport, though I get that it's not always so easy.

PS: Perhaps the OP does indeed have a Swedish ID card?

Originally Posted by Kerstin Resander
Would a Swedish National ID card be enough to be granted entry to the UK?
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Old Jul 27, 2015, 2:21 pm
  #37  
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Originally Posted by Microwave
Once again, UK Border Force must give EEA nationals a reasonable opportunity to prove their nationality at the border. A Swedish emergency travel document is strong evidence of nationality, even if it has some kind of limited route validity. To be clear, I'm not an expert on Swedish identity documentation, but I know a thing or two about what the Border Force must do when an EEA national presents herself at the border for entry. Furthermore, could the OP not get the emergency travel document from the US for return to Britain? That would seem perhaps the path of least resistance to me, even if it requires some overnight shipping to the nearest consulate that handles emergency travel documents. Or the OP could explain the situation to the Swedish officials here in Britain and they could issue her documents for the trip to and from the US. This surely can't be an unsolvable problem.


The OP has another passport with a valid US visa, there's no need to muddy the waters with a Swedish emergency travel document during her travels to the US. Even if she gets a Swedish emergency travel document from the UK, I'd suggest that she's still better off using her Filipino passport to enter the US just to keep things simple at the border.



Definitely this would be the easiest route, no doubt in my mind! This is all solved with a permanent Swedish passport, though I get that it's not always so easy.

PS: Perhaps the OP does indeed have a Swedish ID card?


I never intended to use the Swedish passport to ENTER the USA, clearly not when I have a visa specifically for that. I just need an emergency passport to RETURN to England, really.

And no, unfortunately I don't have a Swedish National ID card. My parents didn't think it useful to renew our passports or get an ID as they thought we wouldn't be travelling anytime soon, so now I'm left to fix the mess seeing as I'm 18 and responsible. Haha.
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Old Jul 27, 2015, 2:26 pm
  #38  
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Originally Posted by GUWonder
Personally, if I were in the UK and needed a Swedish passport, I would try to make plans to fly to Sweden or Denmark and get the passport and any other useful docs in person in Sweden.
If I had the time to do that, I would. But unfortunately I have a very limited option. Thank you though. I'm going to try with the emergency passport, despite it costing more than renewing a passport, it's better not to get stuck in the USA, right?
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Old Jul 27, 2015, 2:42 pm
  #39  
 
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Originally Posted by Kerstin Resander
I never intended to use the Swedish passport to ENTER the USA, clearly not when I have a visa specifically for that. I just need an emergency passport to RETURN to England, really.
Isn't the purpose of an emergency passport to be used for emergency travel when your original passport has been lost/stolen ? Rather than for the return leg of a holiday that hasn't actually started as this is hardly an emergency. The Swedish embassy will want to see proof of the urgency....does going on holiday class as an urgent need?
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Old Jul 27, 2015, 3:40 pm
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I guess it all depends on the type of emergency passport... I've seen people with emergency passports that were like real passports (but without the biometrics), and I've seen single-use travel documents that didn't look like passports at all and were only valid for a trip back home

The OP will need to find out what type of emergency passport the Swedish embassy is proposing to issue her with, and whether or not it would be valid to get her back into the UK.
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Old Jul 27, 2015, 4:12 pm
  #41  
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Originally Posted by Aviatrix
I guess it all depends on the type of emergency passport... I've seen people with emergency passports that were like real passports (but without the biometrics), and I've seen single-use travel documents that didn't look like passports at all and were only valid for a trip back home

The OP will need to find out what type of emergency passport the Swedish embassy is proposing to issue her with, and whether or not it would be valid to get her back into the UK.
I will give the embassy a call to book an appointment as soon as they are open! I'm certain that they will give me an emergency passport to return to England with as it is urgent that I go back to school upon return. This is my place of residence and have every right to board that flight. I just need a document to prove it, aka, emergency passport.

It says online:
Provisional passport abroad
Emergency passports issued abroad is valid only for a trip, such as a trip back to the country where the Swedish citizen residing or return to Sweden. If conditions demand it, a return trip is permitted.
Hopefully the border will accept it too!
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Old Jul 27, 2015, 4:20 pm
  #42  
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Originally Posted by Microwave
The OP has another passport with a valid US visa, there's no need to muddy the waters with a Swedish emergency travel document during her travels to the US. Even if she gets a Swedish emergency travel document from the UK, I'd suggest that she's still better off using her Filipino passport to enter the US just to keep things simple at the border.
The CBP muddies the waters often enough that I think it deserves to be considered, as those with a US visa in a passport are sometimes asked by CBP (at the US port of entry) to show that the purpose of the stay coincides not only with the US visa but also to show that they intend to leave the US on time and are admissible at the place for which they claim to be traveling to next. I've seen, or otherwise known about, Swedish citizens -- dual-citizens and otherwise -- getting turned away at US POEs because they failed to satisfy CBP due to what were perceived to be document or story inadequacies as far as CBP was concerned.
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Old Jul 27, 2015, 4:45 pm
  #43  
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Originally Posted by GUWonder
The CBP muddies the waters often enough that I think it deserves to be considered, as those with a US visa in a passport are sometimes asked by CBP (at the US port of entry) to show that the purpose of the stay coincides not only with the US visa but also to show that they intend to leave the US on time and are admissible at the place for which they claim to be traveling to next. I've seen, or otherwise known about, Swedish citizens -- dual-citizens and otherwise -- getting turned away at US POEs because they failed to satisfy CBP due to what were perceived to be document or story inadequacies as far as CBP was concerned.
This has never happened to me. I've travelled to the US and back to England two different times, I'm sure if they had a look at my passport history they'd believe I am genuine about coming back. Regardless, I will have an emergency passport, to return to England with, to show them if this does occur.
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Old Jul 27, 2015, 7:38 pm
  #44  
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Are you going to be anywhere near Washington during your stay in the US that you could get to the Swedish embassy there? Or is there a consulate in/near your destination that could issue the emergency document? Just seems like you're in a huge rush now with your trip in less than a week when you have some time to handle it in the US.
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Old Jul 28, 2015, 2:20 am
  #45  
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Originally Posted by glg
Are you going to be anywhere near Washington during your stay in the US that you could get to the Swedish embassy there? Or is there a consulate in/near your destination that could issue the emergency document? Just seems like you're in a huge rush now with your trip in less than a week when you have some time to handle it in the US.
I will be in LA the majority of the time, but nowhere near the states where Swedish embassies are. Does the Swedish consulate in LA offer this type of service for Emergency Passports?

I just found out the Swedish Consulate in LA is closed. I'd need to do this in the UK!
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