Non-EEA spouse of EEA national travelling to England

[afriley]

My mother is Russian, and has been married to my non-UK EEA national step-father for many years now. They would like to visit me in England - I am a student there and am graduating shortly.

Can my mother travel to England without an EEA Family Permit? They will travel together, with original passports and an original marriage certificate (as well as an official translation of said certificate). My mother also has a Spanish residency card naming my step-father as her sponsor and stating that she is a family member of an EEA national - should this also be shown or is it not necessary at all?

Many thanks in advance for clarifying this issue for us.

[Jambo]

The difficulty would be to get to the UK border. If they travel by air, the airline is likely to refuse boarding. If by land, they should be fine.

[afriley]

I spoke to Gatwick's Customs/Visas yesterday and they confirmed that she should be fine to travel - and that the procedure is for the airline to telephone them with any queries and ask whether they'd let the person through at the border.

My second question pertains this this case I found in the sticky topics on this forum - http://www.bailii.org/ew/cases/EWHC/Adm ... /3368.html

I am somewhat confused as to the Residency Card recognition issue. Is it at all relevant to my mother's situation? Or are the only documents she will need

1. Her and my step-father's passport
2. Original and translated (into English) marriage certificate

?

[Jambo]

This is exactly your mother's case.

Family member of EEA national can travel visa free when travelling together with the EEA national. This can be proved either by holding a Residence Card OR by marriage certificate (and passports).

The problem is that airlines sometimes won't allow you to board if you don't have a visa. If they fly out from Spain, the airlines staff might be familiar with the Spanish Residence Card and let her board or they might call Gatwick or might refuse boarding. Once she gets to the UK border, she should have no problem entering.

[Directive/2004/38/EC]

The difficulty is getting on the plane.

Once on UK soil you should have little difficulty.

See http://eumovement.wordpress.com/2010/08 ... to-travel/

[afriley]

This is exactly your mother's case.

Family member of EEA national can travel visa free when travelling together with the EEA national. This can be proved either by holding a Residence Card OR by marriage certificate (and passports).

The problem is that airlines sometimes won't allow you to board if you don't have a visa. If they fly out from Spain, the airlines staff might be familiar with the Spanish Residence Card and let her board or they might call Gatwick or might refuse boarding. Once she gets to the UK border, she should have no problem entering.

I note that you say "OR marriage certificate (and passport)". My mother and step-father will travel holding an original and translated (into English) marriage certificate. Does this therefore mean that the Spanish residency card is not needed? Of course they will have it with them as well, but it's best not to show any documents that are not strictly necessary.

Thanks for your replies, I will investigate further (and speak to EasyJet). They will be flying from France.

[afriley]

Could someone please advise me whether an original French "Livret de famille" and a certified translation would suffice as proof of my mother's and step-father's marriage? OR do we need to request a copy of the entry on the Civil register of their marriage (i.e. what is conventionally thought of as a marriage certificate)? The "Livret", if I am not mistaken, is an official document with all the details of the marriage (date, names, etc.) but please correct me if I am wrong.

[Directive/2004/38/EC]

Nobody is going to be able to answer your question authoritatively. Have both if you conveniently can!

[Stefan-TR]

Could someone please advise me whether an original French "Livret de famille" and a certified translation would suffice as proof of my mother's and step-father's marriage?

If it's not too much hassle, I would advise that you get an international marriage certificate: Formule B (EXTRAIT DE L'ACTE DE MARIAGE). These are issued based on CIEC convention #16. They are more widely recognized than the red family books (convention #15). For details see http://www.ciec1.org/SignatRatifConv.pdf.

My non-EEA wife and I have always used the Formule B without any problems, even to enter the UK without a Residence Card/Family Permit. There is no need to translate it, as the certificate is already multi-lingual.