YuliyaVD wrote: ↑Sun Jan 12, 2020 9:13 pm
I have been told by immigration officer that my mum will be denied entry to UK even though she has family member residence card under article 10. If I was other EU passport holder then no problem but because I am a British Passport holder it will be a problem.
For the benefit of future reference, I'd like to offer an argument to prove the above is incorrect.
Please refer to this recent tribunal decision:
https://tribunalsdecisions.service.gov. ... 018-others, with specific regard to paragrpah 41, where it says:
there is nothing at all in Article 5 indicating that the right of entry of family members of the Union citizen who are not nationals of a Member State is limited to Member State other than the Member State of origin of the Union citizen.
For context, the aforementioned case concerns an Indian family seeking entry into the UK with Bulgarian Article 10 cards, obtained via residence in Bulgaria while accompanying their dual Indian/British family member. The family were refused entry into the UK, and this is their appeal to that decision. They cite the well known McCarthy Rodriguez case, in which the ECJ ruled in favor of a Colombian citizen, wife of a dual Irish/British national, and holder of a Spanish Article 10 card.
Now, there is one slight difference here with McCarthy Rodriguez, in that in that case the EU sponsor was both Irish and British, and this is the reason the clarification above is made in paragraph 41, so that it is not interpreted that the case was won because he was also Irish, but because there is no restriction on what EU countries the non-EU family member is to be granted right of entry (be it the EU national's own country of origin or not).
It is also very important to note for the case of the OP, that this particular appeal linked to above was dismissed, because the Indian family only spent two weeks in Bulgaria, so not a real residence period. For that reason, it is stressed in the decision (paragraphs 23, 24, and 25) that the aforementioned MacCarthy Rodriguez case cannot be referred to as a precedent since the situation does not describe a similar case to that of the appellants (paragraph 25).
It is reasonable to conclude that, in the case of people in a similar situation as MacCarthy and his wife (British national longtime resident in another EU state, and his non-EU family member, also longtime resident in that EU state, with appropriate Article 10 cards; and this regardless of whether the British national has dual nationality with another EU state), the decision of any UK tribunal would be in the favor of the appellant.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
