Visit UK without Family Permit

[bongwozzer]

Hi all

Please forgive me if this has been answered, but I can't find a recent similar question...

I'm a British citizen, living and working in Spain for the past 13 months. Prior to this I lived in S E Asia - married there 4 years ago. We moved here as a family. My wife and step daughter have EU article 10, family member of EU citizen (Familiar ciudadano de la union).

We're planning on visiting the UK for a week - no intention whatsoever of settling, but I'm confused as to whether I require a family permit (which entails travel and translation costs) for a 1-week visit, or just the residence card (and passports of course).

We did fly into Stansted last November with residence cards / passports - but the border staff were quite undecided (5 of them discussed it - quite amicably) and finally just let us in - no stamps or anything. Not sure that was correct really.

But as it seems some requirements may have changed a bit since February, am I technically returning (even if only for a week) as per Surinder Singh and have to make a formal FP application?

Thanks in advance for any help.

[vinny]

I think they qualify under Surinder Singh. This implies that 9(5) also applies. Therefore, their Article 10 EU residence cards should be okay for UK entry.

[bongwozzer]

Thanks Vinny

Yes, I'm pretty sure we/they do qualify under Surinder Singh, and we do/can tick all the boxes in 9 (2)-(5)

If I understand correctly, the FP is only valid for 6 months and appears primarily for applicants who wish to stay in the UK - unlike us who only want to visit for a week now and again (perhaps twice a year).

The only things (in addition to your links) that appear the most relevant are this: https://www.gov.uk/family-permit/apply and this: https://www.gov.uk/government/publicati ... e-officers which refers to this: https://www.gov.uk/government/publicati ... -nationals

All of which indicate a formal application - the four stages test; with the considerable costs (as mentioned previously) travel to Madrid to file and biometrics, translations of Spanish documents (long-term lease, tax and social security registrations, car ownership papers etc) and other relevant documents.

Seems a huge overkill in our case?

Or should we just rock up at a UK airport / immigration counter with all the required paperwork - do we get a right of 'discussion' there if necessary?

Thanks