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Ukrainian Spouse with ILR of UK Citizen refused travel to Sw

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kiedamackem
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Joined: Fri Jan 02, 2015 11:55 am

Ukrainian Spouse with ILR of UK Citizen refused travel to Sw

Post by kiedamackem » Fri Jan 02, 2015 12:18 pm

Hi,
My Ukrainian wife has Indefinite Leave to Remain in the UK, I am a full UK Citizen from birth.
Yesterday we were refused entry on an Easyjet flight from Bristol to Geneva, because my wife did not have 'EEA Family Member' in her passport, Easyjet also contacted the Swiss border control who confirmed that they would not allow entry.

I offered to provide our marriage certificate and showed evidence of several trips to Europe where my wife and two children had travelled together without issue, the most recent being a trip to Holland in October driving through France via ferry, which easy jet acknowledged but would not accept.

As you can imaging we have spent several hours searching for definite information regarding my wifes eligibility to travel with me anywhere in Europe, so that we can properly contest this decision with Easyjet, so far we have not been able to gain such certainty, we are hoping so of you might be able to assist us with this?

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Ukrainian Spouse with ILR of UK Citizen refused travel t

Post by Wanderer » Fri Jan 02, 2015 12:21 pm

My advice on these issues is always the same, if you want to enjoy a holiday why not just get a Schengen visa and avoid conflict all the way?

There are too many variables, imponderables, officals and jobs-worths in the way.
An chéad stad eile Stáisiún Uí Chonghaile....

kiedamackem
Newly Registered
Posts: 3
Joined: Fri Jan 02, 2015 11:55 am

Re: Ukrainian Spouse with ILR of UK Citizen refused travel t

Post by kiedamackem » Fri Jan 02, 2015 12:29 pm

Ok, thanks for taking the time to reply, I agree about jobs worths etc... Although I think its clear Im asking for advice specifically relating to challenging Easyjet post their decision, not what we could have done in the past, especially since this has never been a problem for us on over 15 trips throughout Europe in the last 5 years.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Ukrainian Spouse with ILR of UK Citizen refused travel t

Post by Wanderer » Fri Jan 02, 2015 12:43 pm

kiedamackem wrote:Ok, thanks for taking the time to reply, I agree about jobs worths etc... Although I think its clear Im asking for advice specifically relating to challenging Easyjet post their decision, not what we could have done in the past, especially since this has never been a problem for us on over 15 trips throughout Europe in the last 5 years.
I think Easyjet are within their rights to refuse boarding to anyone, as they have an obligation to ensure that their passengers have the correct visa, or just will be fined, I think the sum was £2000 it's probably more now.

I think your first port of call is EasyJet's fine print...
An chéad stad eile Stáisiún Uí Chonghaile....

kiedamackem
Newly Registered
Posts: 3
Joined: Fri Jan 02, 2015 11:55 am

Re: Ukrainian Spouse with ILR of UK Citizen refused travel t

Post by kiedamackem » Fri Jan 02, 2015 1:11 pm

Thanks again for taking the time to reply, of course I acknowledge Easyjets rights to refuse entry onto a flight, especially if they could get fined, however, in a situation like ours we believe they have acted incorrectly.

We believe that the (Ukrainian) spouse (with ILR) of UK citizen should be able to travel in Europe without any additional passport/visa endorsements of any kind ( other than marriage certificate).

I have come to this forum to seek help in confirming this specific point, so any further comments (from anyone out there with knowledge / first hand experience) directly relating to (proving) or not this point, would be greatly appreciated.

quantum1
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Joined: Mon Oct 17, 2011 5:31 pm

Re: Ukrainian Spouse with ILR of UK Citizen refused travel t

Post by quantum1 » Fri Jan 02, 2015 6:24 pm

I'll just point out that Switzerland is not in the EU. As such, requirements for foreigners travelling there can be different. It might be beneficial to check out the embassy website
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

Obie
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Location: UK/Ireland
Ireland

Re: Ukrainian Spouse with ILR of UK Citizen refused travel t

Post by Obie » Fri Jan 02, 2015 7:04 pm

The airline was right .

Under EU law, you need a visa to travel to Switzerland , as an ILR is not residence card for family member of EEA national.
Smooth seas do not make skilful sailors

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