Travelling together to Italy but back to UK alone with EEA2

[Gerkema]

Our situation: I am Dutch and residing in UK, my wife is Russian and has an EEA2 permit. For business I need to travel to Italy in May so my wife wanted to join me in the bank holiday weekend and go back early (Monday 7 May) as she'll need to go back to work on Tuesday, whilst I'll stay for business in Italy until Friday.

We will be fine travelling from the UK to Italy on 4 May as I will be accompanying her, but will she be fine as well when travelling back from Italy to the UK on her own (without me) on 7 May with only her EEA2 permit? Strictly reading the directive I suppose she can't go back to the UK with only her EEA2 as I won't be in the UK nor will I be travelling with her to the UK but looking at this pragmatically, the Italians probably won't mind that she'll be leaving the country and UK border control won't know that I am not in the UK.

Anyone?

[Jambo]

There is no requirement for you to physically be present in the UK. You need to be exercising treaty rights in the UK but you both are allowed to travel out of the country.

She should be fine travelling alone with her RC. She might be asked on your whereabouts and a "he will be returning in a few days" is a legitimate answer.

Does she hold a Schengen visa? If you were travelling together both ways, she would not need one. Not sure how the Italian authorities would treat this case (although they probably would care less on the way back to the UK).

[fysicus]

Yes, there should absolutely no problem. My wife has done exactly this on a few occasions.

First of all, article 4 of directive 2004/38 says explicitly that no exit visa can be required for travel for one EU memberstate to another.

On leaving the Schengen zone your passport is normally checked against a list of wanted criminals, or if you have serious amounts of unpaid fines, etc.

Of course, the airline checks before boarding if you have satisfactory entry documents for your destination.

The only problem might be posed by the so-called presenters at the UK passport control who don't know anything about EU rules and try to force you in the wrong queue and fill out landing cards. Ignore these morons and if necessary, ask for the Chief Immigration Officer and submit a formal complaint.

[Gerkema]

Thanks. I suppose my main concern was relating Article 6 sub 2 that says

The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen

underlined by me, but probably the possession of a residence card cf Article 10, ie EEA2, will overrule this so that Article 6 does not apply in this case.

To pull this wider, does this also mean that she can travel to any of the EU member states without me and without a Schengen visa but with her EEA2?

[EUsmileWEallsmile]

Thanks. I suppose my main concern was relating Article 6 sub 2 that says

The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen

underlined by me, but probably the possession of a residence card cf Article 10, ie EEA2, will overrule this so that Article 6 does not apply in this case.

To pull this wider, does this also mean that she can travel to any of the EU member states without me and without a Schengen visa but with her EEA2?

For the UK article 10 residence card holder for Shengen, in general, you need to be traveling together to be visa exempt.

[UKnow]

You have nothing at all to worry about as I have EEA2 permit as well and travel all the time for business, my wife who is EU (Austrian) never travel at all with me in any of them and there is nothing at all for you to worry about, she just need to show her EEA2 permit, fill in the non EU citizen form at the borders and off she goes ..

[EUsmileWEallsmile]

Post deleted.

[UKnow]

Apology it was a mistake and I just changed it

[EUsmileWEallsmile]

UKnow, No problem. Things can be a little trickier for visa nationals (I understand that you're not, which makes like relatively easy).

[Jambo]

fill in the non EU citizen form at the borders

If you have a EEA family member Residence Card, you should be treated as EEA citizens at the border. This means: you can use the EU line, no landing card and no stamp in the passport.

[UKnow]

If you have a EEA family member Residence Card, you should be treated as EEA citizens at the border. This means: you can use the EU line, no landing card and no stamp in the passport.[/quote]

Thank you Jambo for all your help..
I was reading this now in other parts of the site and I was surprised as the boarder agency officers always asked me to fill a LD and made me stand in the non-EU line even though I explained that to them few times, but with no one listening, I had to wait last week for 3 hours to go through immigration because the non-E line was very busy and not enough people were covering that shift.

[UKnow]

UKnow, No problem. Things can be a little trickier for visa nationals (I understand that you're not, which makes like relatively easy).

Thank you EUsmileWEallsmile, you may be right there. I have to say the BA officers seem to be confused most of the time and I get different answer from different people

[Jambo]

I was reading this now in other parts of the site and I was surprised as the boarder agency officers always asked me to fill a LD and made me stand in the non-EU line even though I explained that to them few times, but with no one listening, I had to wait last week for 3 hours to go through immigration because the non-E line was very busy and not enough people were covering that shift.

The UKBA own guidelines states:

5.2 Endorsing the passports of residence card holders - Regulation 11(3)

A Border Force officer may not place a stamp in the passport of a person who holds a residence card when he is admitted to the UK, even if they do not hold an EEA family permit. Regulation 11(3) expressly prohibits an officer from endorsing the passport of a person who holds a valid residence card or permanent residence card, even if the passenger requests one.

In addition these passengers are not required to fill in a landing card and should not be asked to do so.

Just have a print out of the relevant section in your hand luggage to show to the IO. If he still insist, ask to speak to the Chief Immigration Officer.

[EUsmileWEallsmile]

Good advice Jambo.

[UKnow]

Just have a print out of the relevant section in your hand luggage to show to the IO. If he still insist, ask to speak to the Chief Immigration Officer.[/quote]


Thank you Jambo. I will start doing that right away

[smallpie]

jst extra info.
i have used my RC in and out of UK with and without my EU partner, to other european countries and i never get any stamp when back in the UK boarder.. i only get asked about my EU partner, which its fine.
so recently visited my home country in africa alone, and back at heathrow , the immigration officer asked me for my landing card and later said 'oh sorry u dont need one'. then go further to ask abt my EU partner , her D.O.B , her nationalty, and her phone number..which i gave. i was then told to wait while the officer went away to make enquiry and later came and said all is fine.
officer then asked if i want my RC to be stamped, saying it is normally shld be stamped at 1st use, and i replied av used it more than once, and no stamp was attempted on it. immigration officer then said, its up to me if i want it stamped or not, and i said no - thank you.
i later found out that the officer did not ring my my EU partner even tho, i gave her number.
holders of RC do get questioned, so one shld be calm and ready to give answers accordingly, since there is nothing to hide or dodggy. [/b]

[spike_UK]

jst extra info.
i have used my RC in and out of UK with and without my EU partner, to other european countries and i never get any stamp when back in the UK boarder.. i only get asked about my EU partner, which its fine.
so recently visited my home country in africa alone, and back at heathrow , the immigration officer asked me for my landing card and later said 'oh sorry u dont need one'. then go further to ask abt my EU partner , her D.O.B , her nationalty, and her phone number..which i gave. i was then told to wait while the officer went away to make enquiry and later came and said all is fine.
officer then asked if i want my RC to be stamped, saying it is normally shld be stamped at 1st use, and i replied av used it more than once, and no stamp was attempted on it. immigration officer then said, its up to me if i want it stamped or not, and i said no - thank you.
i later found out that the officer did not ring my my EU partner even tho, i gave her number.
holders of RC do get questioned, so one shld be calm and ready to give answers accordingly, since there is nothing to hide or dodggy. [/b]

Do you get schengen visa if you fly alone?
Im planing to fly to Poland next month with my wife which is polish, would I be ok or do I need a visa?
Many thanks.

[smallpie]

hi spike,
i have never got or use schengen visa before if i travel to europe alone or with my partner. before i go to to any european countries, i always make sure i ring thier embassy in uk to confirm travelling alone or not.
but in most cases i travel with my EU partner.. but i went to rep of ireland (dublin) alone, without her. ..after i checked with the embassy in uk and got an email reply from them that i dont need irish visa if i have the RC. I printed the email and took it with me to ireland, just incase i get questioned at their border..and all was fine.

my partner is from FINLAND and i have travelled there alone without her, and am also travelling there on friday alone to join her and our baby..they av been there two weeks for holiday.
so for you wanting to travel to poland with your wife, its fine, u dont need any schengen visa..u are free to go as u want with your RC or PR.
but i knw schengen visa will be required if travelling alone to some EU countries..but always gud to check with the embassy 1st.

[spike_UK]

hi spike,
i have never got or use schengen visa before if i travel to europe alone or with my partner. before i go to to any european countries, i always make sure i ring thier embassy in uk to confirm travelling alone or not.
but in most cases i travel with my EU partner.. but i went to rep of ireland (dublin) alone, without her. ..after i checked with the embassy in uk and got an email reply from them that i dont need irish visa if i have the RC. I printed the email and took it with me to ireland, just incase i get questioned at their border..and all was fine.

my partner is from FINLAND and i have travelled there alone without her, and am also travelling there on friday alone to join her and our baby..they av been there two weeks for holiday.
so for you wanting to travel to poland with your wife, its fine, u dont need any schengen visa..u are free to go as u want with your RC or PR.
but i knw schengen visa will be required if travelling alone to some EU countries..but always gud to check with the embassy 1st.

Thanks smallpie.
Thanks mate, I thought I should be fine with EEA spouse but spoken to polish section they said fine but not to fly with ryanair as they need visa( airline shouldnt ask for visa) so I spoke to ryanair and they said as long as you have a valid passport, so I guess i would go with out visa or hassle. I hope.

[smallpie]

thats gud to hear.

as far as am concern airline do not have the right to determine if one is flying wit RC or SCHENGEN. as long as the country one is going is ok with yr immigration status. that is why i always print the copy of the email from the embassy with me, just incase the airline start to question me.
and beside, most time i used ryanair to european countries and no hassle, and am even using ryanair to and fro again to Finland on friday.
my bag is packed, and am ready to go lol.

wish you a nice holiday with yr wife..take care.

[spike_UK]

thats gud to hear.

as far as am concern airline do not have the right to determine if one is flying wit RC or SCHENGEN. as long as the country one is going is ok with yr immigration status. that is why i always print the copy of the email from the embassy with me, just incase the airline start to question me.
and beside, most time i used ryanair to european countries and no hassle, and am even using ryanair to and fro again to Finland on friday.
my bag is packed, and am ready to go lol.

wish you a nice holiday with yr wife..take care.

Thanks for your advise mate i will have my first trip to Poland so im excited and will have a good time,
I wish you a nice holiday too
Take care.