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Quote:
6. ‘Persons enjoying the Community right of free movement’ are nationals of EU Member
States, EEA countries and Switzerland, as well as members of their family, regardless of
their nationality, accompanying or joining them.
:
:
3. Special rules for checks on certain categories of persons
3.1 Persons enjoying the Community right of free movement
3.1.1 Persons enjoying the Community right of free movement are authorised to cross the border
of a Member State on the basis of the following documents, as a general rule:
– EU, EEA, CH citizens: identity card or passport;
– members of the family of EU, EEA, CH citizens who are nationals of a third country:
passport. They may also be required to have an entry visa, if they are nationals of a third
country subject to the visa obligation, unless they are in possession of a valid residence
permit or card, issued by a Member State (or by EEA countries or CH).
3.1.2 However, if a person enjoying the Community right of free movement does not have the
necessary travel documents or, if required, the necessary visas, the Member State
concerned must, before turning him/her back, give such person every reasonable
opportunity to obtain the necessary documents or have them brought to him/her within a
reasonable period of time or corroborate or prove by other means that he/she is covered by
the right of free movement.
3.1.3 As a consequence, checks on persons enjoying the Community right of free movement
should be limited, as a general rule, to the verification of their identity and nationality
/family ties (so-called “minimum check”, see above point 1.4). No questions concerning
the purpose of travel, travel plans, employment certificate, pay slips, bank statements,
accommodation, means of subsistence or other personal data should therefore be asked to
them.
Unsubstantiated comments such as those above do not help anyone.Punjab wrote:Dear Member,
You were a victim of harrasment and beloved ( indirect).
true .. normally citizens of nigeria need visas to visit european countries unless like your husband is a family member of an eea.. but not everyone know thatkeffers wrote:Unsubstantiated comments such as those above do not help anyone.Punjab wrote:Dear Member,
You were a victim of harrasment and beloved ( indirect).
People do make errors of judgement. The people dealing with check-ins etc at airports are not highly experienced immigration officers.
The person attempting to travel clearly knew there would be issues and that is why so much additional documentation was being carried.
Common sense would dictate that clarification in writing should have been obtained from Easy Jet in advance.
Consulates can give wrong advice; immigration advisers can give wrong advice; immigration officials can give wrong advice and people on this board can give wrong advice. Mistakes happen.
Playing the race card helps no-one.
Yes, that is how it should be and in fact, either residence card or marriage certificate should be sufficient (not both), but of course it is better to have a bit of documentary overkill.Guerro wrote:Well, I went to Amsterdam with " my wife at that time" and we used easy jet and there was no problem. Only my passport, UK residence card and marriage certificate and nobody either easy jet, UKBA or Dutch immigration authorities asked for more.
Don't go to court yet: first claim the maximum compensation under the European Denied Boarding Directive.craftynick wrote:Easyjet have now replied to my email, the said the reasons that he was refused were -
1. Mr George did not have a Schenghan Visa to permit travel. (obviously this shouldnt have been needed under 2004/38/EC
2. Mr George also only had a residence document for Liverpool and his UK entry clearance was out of date (His residency has another 4 years left on it so that is just lies)
3. The easyJet agent at Belfast International called Amsterdam immigration but the refused travel for Mr George as the documentation that he had was not sufficient to allow travel (not surprised if they told him his residency was out of date!!)
They also confirmed, in writing, that I was travelling with him. Now that I have advised them of all this & told them that I will see them in court, thay are now launching a full investigation
Since your real husband has a Residence Card, there is no need for a visa. Does not matter what nationality he has.craftynick wrote:Hi, I am Irish & my husband is Nigerian & has a UK resident card. We were due to fly out to Amsterdam this morning & I had our marriage cert with us & also the print out from the Dutch embassy stating that as a holder of the resident card & travelling with me he did not need a visa.
However Easyjet refused to let us board & the reason given was that Ducth immigration said that he still needed a Schengen visa due to his nationality. Now i researched this loads & never saw any mention that it was nationality specific, am i wrong?? Also we previously contacted the Spanish embassy & advised of his nationality we were advised a visa was not needed!
can't stop smiling... does she have a fake one also... i have a doll he heDirective/2004/38/EC wrote:craftynick wrote:
Since your real husband
it seems they only looked at the EEA Family Permit, which probably is out of date already indeed, and overlooked (or ignored) the Residence Card?craftynick wrote:Yeah I acted all nice when I got them to confirm everything in writing & didnt mention courts etc until I had all i needed. Because they are trying to say now that his residency was out of date I had an email from their escalation team this morning asking me to send a copy of our travel documents which I did immediately so they can see that was just a big fat lie
If you are a visa national and travel alone you do need a visa indeed. However, if you travel with your EU spouse and have proof of the marriage with you, you will be allowed entry into Schengen (or non-Schengen EU countries) even without visa (based on the BRAX/MRAX case). The challenge in this case is to get to the border in the first place: airlines may refuse boarding.Directive/2004/38/EC wrote:But, if he hypothetically did not have the RC, then he might or might not require a visa. Whether he did would actually depend on his nationality, or more accurately which passport he is traveling on. If he was using a Canadian or Japanese passport he would not require a visa. If he was using a Nigerian passport then he would require a visa.
Nope i thought about this but as they mentioned that it was "only issued in Liverpool" his family permit doesnt mention here at all but his residency does so they definitely saw the right document!!fysicus wrote:it seems they only looked at the EEA Family Permit, which probably is out of date already indeed, and overlooked (or ignored) the Residence Card?craftynick wrote:Yeah I acted all nice when I got them to confirm everything in writing & didnt mention courts etc until I had all i needed. Because they are trying to say now that his residency was out of date I had an email from their escalation team this morning asking me to send a copy of our travel documents which I did immediately so they can see that was just a big fat lie