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EU travel with EU spouse

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darthspringbok
Newly Registered
Posts: 4
Joined: Tue Jan 23, 2018 4:13 pm
South Africa

EU travel with EU spouse

Post by darthspringbok » Tue Jan 23, 2018 4:30 pm

Hi,

I am a South African citizen living in the UK with indefinite Leave to Remain since 2005. I do not have a biometric residence permit but the old style "sticker" in my old passport. My new passport I be

My wife is a UK and Irish citizen. We are looking to take a short holiday somewhere in Europe (Spain or Italy) either by plane or as part of a cruise.

I have read that If I take my passports, marriage certificate and a copy of the EU directive I can travel without a visa if I have issues getting one prior to travel.

Can anyone advise if this is possible?

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

Re: EU travel with EU spouse

Post by Wanderer » Tue Jan 23, 2018 4:35 pm

AIUI, dual UK/Irish citizens cannot avail themselves of EEA rules in UK and so in these cases are considered British only.

In any case as you have ILR you are firmly under UK rules for immigration anyway.
An chéad stad eile Stáisiún Uí Chonghaile....

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: EU travel with EU spouse

Post by dan1988uk » Tue Jan 23, 2018 5:29 pm

Wanderer wrote:
Tue Jan 23, 2018 4:35 pm
AIUI, dual UK/Irish citizens cannot avail themselves of EEA rules in UK and so in these cases are considered British only.

In any case as you have ILR you are firmly under UK rules for immigration anyway.
The OP is under UK rules in the UK but being a spouse of an EEA citizen he can travel with the EEA spouse in Europe without a visa, the problem is that not holding any residence card it is unlikely that airline companies let him on board.

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: EU travel with EU spouse

Post by dan1988uk » Tue Jan 23, 2018 5:34 pm

darthspringbok wrote:
Tue Jan 23, 2018 4:30 pm
Hi,

I am a South African citizen living in the UK with indefinite Leave to Remain since 2005. I do not have a biometric residence permit but the old style "sticker" in my old passport. My new passport I be

My wife is a UK and Irish citizen. We are looking to take a short holiday somewhere in Europe (Spain or Italy) either by plane or as part of a cruise.

I have read that If I take my passports, marriage certificate and a copy of the EU directive I can travel without a visa if I have issues getting one prior to travel.

Can anyone advise if this is possible?
It is possible under the directive but some airlines may not board you without a visa, anyway you can apply for a schengen visa under the directive being a spouse of an EEA citizen and the visa will be issued quickly and free of charge and without showing any documents apart of your passports and the marriage certificate.

darthspringbok
Newly Registered
Posts: 4
Joined: Tue Jan 23, 2018 4:13 pm
South Africa

Re: EU travel with EU spouse

Post by darthspringbok » Wed Jan 24, 2018 10:39 pm

dan1988uk wrote:
Tue Jan 23, 2018 5:29 pm
Wanderer wrote:
Tue Jan 23, 2018 4:35 pm
AIUI, dual UK/Irish citizens cannot avail themselves of EEA rules in UK and so in these cases are considered British only.

In any case as you have ILR you are firmly under UK rules for immigration anyway.
The OP is under UK rules in the UK but being a spouse of an EEA citizen he can travel with the EEA spouse in Europe without a visa, the problem is that not holding any residence card it is unlikely that airline companies let him on board.
Would I need a residence card even though I have ILR in my old passport, which I have kept as my ILR is in it? I thought that is a residence permit as it states as such on it.

Why would this be different to a residence card?

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: EU travel with EU spouse

Post by dan1988uk » Wed Jan 24, 2018 11:46 pm

darthspringbok wrote:
Wed Jan 24, 2018 10:39 pm
dan1988uk wrote:
Tue Jan 23, 2018 5:29 pm
Wanderer wrote:
Tue Jan 23, 2018 4:35 pm
AIUI, dual UK/Irish citizens cannot avail themselves of EEA rules in UK and so in these cases are considered British only.

In any case as you have ILR you are firmly under UK rules for immigration anyway.
The OP is under UK rules in the UK but being a spouse of an EEA citizen he can travel with the EEA spouse in Europe without a visa, the problem is that not holding any residence card it is unlikely that airline companies let him on board.
Would I need a residence card even though I have ILR in my old passport, which I have kept as my ILR is in it? I thought that is a residence permit as it states as such on it.

Why would this be different to a residence card?
The ILR is based on UK immigration laws and doesn't allow you to travel visa free within the EU, a Residence Card of a family member of EU citizen is based on EU laws and allows you to travel visa free within the EU if accompained by the EEA spouse. You can not apply for a Residence Card because your spouse is British Citizen but you can easily get a Schengen visa being your spouse an EU citizen (even after Brexit, being your spouse Irish citizen).

fielddrive
Senior Member
Posts: 602
Joined: Thu Sep 27, 2012 2:03 pm
United Kingdom

Re: EU travel with EU spouse

Post by fielddrive » Fri Jan 26, 2018 2:31 pm


darthspringbok
Newly Registered
Posts: 4
Joined: Tue Jan 23, 2018 4:13 pm
South Africa

Re: EU travel with EU spouse

Post by darthspringbok » Wed Feb 07, 2018 12:23 pm

dan1988uk wrote:
Tue Jan 23, 2018 5:34 pm
darthspringbok wrote:
Tue Jan 23, 2018 4:30 pm
Hi,

I am a South African citizen living in the UK with indefinite Leave to Remain since 2005. I do not have a biometric residence permit but the old style "sticker" in my old passport. My new passport I be

My wife is a UK and Irish citizen. We are looking to take a short holiday somewhere in Europe (Spain or Italy) either by plane or as part of a cruise.

I have read that If I take my passports, marriage certificate and a copy of the EU directive I can travel without a visa if I have issues getting one prior to travel.

Can anyone advise if this is possible?
It is possible under the directive but some airlines may not board you without a visa, anyway you can apply for a schengen visa under the directive being a spouse of an EEA citizen and the visa will be issued quickly and free of charge and without showing any documents apart of your passports and the marriage certificate.
Thanks Dan,

I have checked with the Spanish Embassy and my only problem is that I will have to travel to London to apply for the visa in person. This is not ideal as though the visa is free the cost of the application and travelling there and back with 1 night in London will be cost nearly as much as a trip to Spain for a week and I don't like London at the best of times.

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: EU travel with EU spouse

Post by dan1988uk » Wed Feb 07, 2018 2:46 pm

darthspringbok wrote:
Wed Feb 07, 2018 12:23 pm
dan1988uk wrote:
Tue Jan 23, 2018 5:34 pm
darthspringbok wrote:
Tue Jan 23, 2018 4:30 pm
Hi,

I am a South African citizen living in the UK with indefinite Leave to Remain since 2005. I do not have a biometric residence permit but the old style "sticker" in my old passport. My new passport I be

My wife is a UK and Irish citizen. We are looking to take a short holiday somewhere in Europe (Spain or Italy) either by plane or as part of a cruise.

I have read that If I take my passports, marriage certificate and a copy of the EU directive I can travel without a visa if I have issues getting one prior to travel.

Can anyone advise if this is possible?
It is possible under the directive but some airlines may not board you without a visa, anyway you can apply for a schengen visa under the directive being a spouse of an EEA citizen and the visa will be issued quickly and free of charge and without showing any documents apart of your passports and the marriage certificate.
Thanks Dan,

I have checked with the Spanish Embassy and my only problem is that I will have to travel to London to apply for the visa in person. This is not ideal as though the visa is free the cost of the application and travelling there and back with 1 night in London will be cost nearly as much as a trip to Spain for a week and I don't like London at the best of times.
Do you live so far from London? You can just go and come back during the day, some embassies will deliver your passport with visa at home by courier.

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