Non EU spouse: Visit UK with only passport and residencia

[johncar54]

This may be of interest
Copy letter

Border Force
Operations Advice and Support
9th floor Lunar House
Croydon
CR9 2BY

12 March 2015


Dear Mr zzz

Thank you for your email of 5 March to the DMC (Croydon) inbox regarding the immigration status of your wife and stepdaughter who are Belarussian nationals with permanent residence in Germany. It has been passed to me to reply.

In order to gain admission to the United Kingdom (UK), your wife, as a non-EEA family member accompanying an EEA national, should present a valid German residence card, issued in accordance with Article 10 of Directive 2004/38/EC, together with a valid national passport.

In order for a non-EEA visa national to gain admission as a family member under EEA Regulations, a visa is not required as leave to enter the UK under the Immigration Rules is not applicable to travellers arriving in the UK as EEA family members.

Yours sincerely

P Cox
Border Force Officer

[Harry T]

Does this appear to mean what i think it means ?

[johncar54]

Does this appear to mean what i think it means ?

I have written to BA, copying the letter, asking if they will now change their policy and permit my Filipino wife, to board a flight to UK, with just her Philippine’s Passport and permanent Residencia Card.

I will post any reply.

[Harry T]

I have written to BA, copying the letter, asking if they will now change their policy and permit my Filipino wife, to board a flight to UK, with just her Philippine’s Passport and permanent Residencia Card.

I will post any reply. :xxgrinning--00xx3:

At face value, it seems to be saying, that providing you are a resident of another EU country, None EU passport holders can then come to the UK, without a Visa, very interesting if its true.

[johncar54]

Harry that was the Finding in the European Court of Justice, which is discussed at :

Brits Can Bring Foreign Family To UK - Ruling

[johncar54]

I came upon this the other day. Might be useful for those want to know their Rights in the EU
http://europa.eu/youreurope/citizens/index_en.htm

I contacted them and had a reply within 2 workdays,

My Email to them was :-

My wife of 10 years is a Filipino national. She has lived with me in Spain since we were married in 2006. She has Residencia in Spain as my wife, since she first came here.

I have contacted several airlines who say that unless my wife has a visa they will not let her check in for a flight to UK.

We want to visit family in UK for a short stay and we also want to be able to transit through 2 London airports (i.e. leave one airport and travel to another) on a flight to Philippines and then return transiting again.

I have British and Irish nationality but only have a valid Irish Passport.

Does my wife have the right to enter UK as I have described ?


REPLY


Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Dear Citizen,

Thank you for your enquiry to the Your Europe Advice service.

Based on the information provided by you, it appears that your wife should be permitted to board flights for the UK with you simply on presentation of her passport and residence card (Article 5, Directive 2004/38/EC).

To avail of this visa concession, the residence card must have been granted by the Spanish authorities pursuant to Article 10, Directive 2004/38/EC on the basis your marriage.

However, anecdotal evidence suggests that some airlines are not aware of the fact that they should allow residence card holders such as your wife board flights for other EU countries simply on presentation of their residence cards in lieu of a visa. I would therefore recommend that you contact the airline in advance of travel to check that your wife will be allowed to board. If there is any suggestion that she may be refused boarding without a visa, I recommend that you refer the airline personnel to Article 5, Directive 2004/38/EC and seek assurance that the provisions of the Directive will be complied with.

I trust that the above information is of assistance to you. Should you have any further queries in relation to your rights in the EU, please do not hesitate to the Your Europe Advice service

Yours sincerely,

Your Europe Advice


Up date

Despite sending this info to B A, they still will not confirm that my wife would be allowed to board a flight to UK with just her Philippines Passport and Residencia.

[johncar54]

up date

Extract from:

http://www.iatatravelcentre.com/GB-United-Kingdom-passport-visa-health-travel-document-requirements.htm

Visa required.

Visa Exemptions
Passengers with a "Family Member" Residence Card marked "Permanent Residence Card of a Family Member of a Union Citizen" or "Residence Card of a Family Member of a Union Citizen" issued by Spain to family members of an EEA national or national of Switzerland if traveling with or traveling to join the EEA national or national of Switzerland.

Passengers with an EEA Family Permit issued by the United Kingdom if the holder is traveling with, or to join the EEA or Swiss national.

[grahamw48]

Just get on the plane... or ferry ?