EEA family permit needed ?

[keebone]

Hi all,

My Thai Girlfriend will be visiting me in the UK in April, her Mother who is married to a German and has a German residence permit wants to visit the UK too. Her resident permit is a Niederlassungserlaubnis, which I believe is the unlimited type. Would she be able to enter the UK without her Husband being as she has German residence or does she have to travel with him on a EEA family permit ?

[askmeplz82]

under new EEA law she can travel without EEA family permit

Amendments to the 2006 Regulations

Regulation 2 (general interpretation)

1. In regulation 2(1), in the appropriate place, insert—

““a qualifying EEA State residence card” means—

(a) a document called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/EC(a) (as applied, where relevant, by the EEA Agreement) by an EEA State listed in sub-paragraph (b) to a non-EEA family member of an EEA national as proof of the holder’s right of residence in that State;

(b) Germany and Estonia;”.


Paragraph 6 of the Schedule amends regulation 11 of the 2006 Regulations to provide that a non- EEA national who presents a “qualifying EEA State residence card” may be admitted to the UK. A “qualifying EEA State residence card” is a residence card issued under Article 10 of Directive 2004/38/EC by an EEA State listed in regulation 2 of the 2006 Regulations as amended by these Regulations, currently Germany and Estonia.


source: http://www.legislation.gov.uk/uksi/2013 ... 032_en.pdf

[Jambo]

This was all true if the EEA national was travelling. As he is not travelling, a visitor visa is required.

[John]

askmeplz82, what about :-

..... provided the conditions in regulation 19(2)(a) (non-EEA family member to be accompanying or joining EEA national in the United Kingdom) and (b) (EEA national must have a right to reside in the United Kingdom under these Regulations) are met

[askmeplz82]

askmeplz82, what about :-

..... provided the conditions in regulation 19(2)(a) (non-EEA family member to be accompanying or joining EEA national in the United Kingdom) and (b) (EEA national must have a right to reside in the United Kingdom under these Regulations) are met

i missed the part "without her husband" yes then visitor Visa like Jambo said

[keebone]

Thanks for the replies.

So what's changed is that someone like my GF's Mum does not now need the EEA permit but still has to travel with her Husband.

Any ideas about what would happen if she entered the UK with her Husband but returned to Germany after him ?

[John]

Any ideas about what would happen if she entered the UK with her Husband but returned to Germany after him ?

Not a problem at all. If he is with her on entry her German-issued Residence Card will allow her into the UK. Then on leaving the UK it will not be a problem that he is not with her, and it will be clear to the UK immigration official that she has a right to enter Germany.

Just one further point, given we are talking here about new UK legislation, how will they be travelling from Germany to the UK? If by air I fear that the check-in person at the German airport may not be up to speed with the new legislation. It might be best to print out the new regulations and take that to the airport.

If however travelling by car, or by Eurostar from say Paris, they will encounter juxtaposed UK immigration officials in France, and they will be more likely to be knowledgeable about the change. Even so best to take a print of the new regulations.

Link to the new regulations.

[mgb]

A german niederlassungserlaubnis is issued under german national law and not under council directive 2004/38.
The name for a residence card issued under directive 2004/38 is aufenthaltskarte-eu and daueraufenthaltskarte-eu for the longterm residence card.

[keebone]

Any ideas about what would happen if she entered the UK with her Husband but returned to Germany after him ?

Not a problem at all. If he is with her on entry her German-issued Residence Card will allow her into the UK. Then on leaving the UK it will not be a problem that he is not with her, and it will be clear to the UK immigration official that she has a right to enter Germany.

Just one further point, given we are talking here about new UK legislation, how will they be travelling from Germany to the UK? If by air I fear that the check-in person at the German airport may not be up to speed with the new legislation. It might be best to print out the new regulations and take that to the airport.

If however travelling by car, or by Eurostar from say Paris, they will encounter juxtaposed UK immigration officials in France, and they will be more likely to be knowledgeable about the change. Even so best to take a print of the new regulations.

Link to the new regulations.

They'll be travelling by air, Leipzig - Stanstead. As Leipzig is a small airport the check in may well not know about the new regulations. Being a cautious couple I think they're going to get the EEA family permit as she's not permitted to travel alone anyway.

Just thinking that if her Husband goes home without her then she must be in the UK illegally, even if she can return to Germany ok surely this could cause a problem if she was to return ? refusal of any future UK visa applied for ?

[mgb]

The Niederlassungserlaubnis card from the mother of your girlfriend is not a Residence card of a family member of a Union Citizen and therefore not covered from the new regulations.