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Spouse Visa/Residence Card

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jsklta
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Joined: Sat Mar 17, 2012 12:07 pm

Spouse Visa/Residence Card

Post by jsklta » Sat Mar 17, 2012 12:29 pm

My wife is Russian with a UK Spouse Visa. The Visa itself says UK Entry Clearance on it.

We have just been refused entry to a flight to Fuertaventura, Spain as Thomas Cook have told us that she doesn't have the correct UK Residence Permit.

I have looked long and hard online to find out what the difference is between a Spouse Visa and a Residence Permit and, from what I can see, there isn't one.

Can anyone help with this?


Many Thanks

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat Mar 17, 2012 1:25 pm

This is a gross systems failure by TC and resulting in a error in their staff training and what they should be looking for. Entry Clearance and Residence Permit both serve the same purpose of granting leave to live in the UK. EC is issued as a visa outside the UK and Residence Permit is issued inside the UK (usually to people who switch or extend their current EC visa). Clearly the TC guidance for their staff has not elaborated on these issues and they are looking exclusively for the words residence permit. You have excellent grounds for a complaint and compensation.

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Mar 17, 2012 1:49 pm

I suspect they were looking for a "EEA family member Residence card" which is different from a UK spouse visa. However, this should not matter. If you are travelling with your UK partner, you don't need a visa to Spain. See similar question here.

jsklta
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Joined: Sat Mar 17, 2012 12:07 pm

Post by jsklta » Sat Mar 17, 2012 2:02 pm

Many thanks for your quick reply. Where would you suggest going from here, posting a complaint with EU solvit and hopefully get their backing?
Contacting TC and tell them to check their facts or going straight to legal advice or proceedings.

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Re: Spouse Visa/Residence Card

Post by pennylessinindia » Sat Mar 17, 2012 2:08 pm

jsklta wrote:My wife is Russian with a UK Spouse Visa. The Visa itself says UK Entry Clearance on it.

We have just been refused entry to a flight to Fuertaventura, Spain as Thomas Cook have told us that she doesn't have the correct UK Residence Permit.

I have looked long and hard online to find out what the difference is between a Spouse Visa and a Residence Permit and, from what I can see, there isn't one.

Can anyone help with this?


Many Thanks
One assumes that you are a British Citizen and that you were able to show that you are married to the person you were travelling with.

From reading other posters Spain is a difficult country to entry when travelling with non EEA spouse.

We always take the free visa just to stop the potential hassle!
pennyless

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat Mar 17, 2012 2:18 pm

This is a matter for Thomas Cook rather than Solvit or Spain (who would likely have no problem with the EC if they ever got to arrive in Spain). You were denied boarding in accordance with the airline's policy on preventing issues due to carriers liability. TC have not trained their staff on what to look for. Your wife has a valid permission to live in the UK and it should have been recognised by TC.

Even without the spouse visa you should have been boarded under EU rules but that is not the issue as she has valid paperwork under UK immigration rules. The issue is that they are looking for Residence Permit and have not been trained to know that some types of Entry Clearance also afford a right of residence.

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Mar 17, 2012 2:23 pm

jsklta wrote:Many thanks for your quick reply. Where would you suggest going from here, posting a complaint with EU solvit and hopefully get their backing?
Contacting TC and tell them to check their facts or going straight to legal advice or proceedings.
I would complain to TC asking for compensation for your losses. You might send first a "naive" complaint email and try to get them to admit in writing that the ground stuff made a mistake before threatening with legal actions.

jsklta
Newly Registered
Posts: 3
Joined: Sat Mar 17, 2012 12:07 pm

Re: Spouse Visa/Residence Card

Post by jsklta » Sat Mar 17, 2012 2:46 pm

pennylessinindia wrote:
jsklta wrote:My wife is Russian with a UK Spouse Visa. The Visa itself says UK Entry Clearance on it.

We have just been refused entry to a flight to Fuertaventura, Spain as Thomas Cook have told us that she doesn't have the correct UK Residence Permit.

I have looked long and hard online to find out what the difference is between a Spouse Visa and a Residence Permit and, from what I can see, there isn't one.

Can anyone help with this?


Many Thanks
One assumes that you are a British Citizen and that you were able to show that you are married to the person you were travelling with.

From reading other posters Spain is a difficult country to entry when travelling with non EEA spouse.

We always take the free visa just to stop the potential hassle!
Yes I am a British Citizen and we had our notarized marriage certificate with us.
I had thought that arrival in Spain may be difficult and had printed all relevant EU rulings in English and Spanish but it hadn't crossed my mind that we would not even be allowed beyond the check-in desk.

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Re: Spouse Visa/Residence Card

Post by pennylessinindia » Sat Mar 17, 2012 4:47 pm

jsklta wrote:
pennylessinindia wrote:
jsklta wrote:My wife is Russian with a UK Spouse Visa. The Visa itself says UK Entry Clearance on it.

We have just been refused entry to a flight to Fuertaventura, Spain as Thomas Cook have told us that she doesn't have the correct UK Residence Permit.

I have looked long and hard online to find out what the difference is between a Spouse Visa and a Residence Permit and, from what I can see, there isn't one.

Can anyone help with this?


Many Thanks
One assumes that you are a British Citizen and that you were able to show that you are married to the person you were travelling with.

From reading other posters Spain is a difficult country to entry when travelling with non EEA spouse.

We always take the free visa just to stop the potential hassle!
Yes I am a British Citizen and we had our notarized marriage certificate with us.
I had thought that arrival in Spain may be difficult and had printed all relevant EU rulings in English and Spanish but it hadn't crossed my mind that we would not even be allowed beyond the check-in desk.
Think a good holiday is required as compensation for the inconvenience caused
pennyless

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