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The result of the "Do you need a visa"? page says she does not need a visa (https://www.gov.uk/check-uk-visa/y/russ ... sm/yes/yes), as long as the person who sponsored her Artilce 10 card is traveling with her or is the person she is visiting:YuliyaVD wrote: ↑Thu Jan 09, 2020 9:38 pmPlease help me as I am confused. I am a British citizen and i want my mum, who has Russian passport and Eu Family Member Residence Card Article 10, to come to UK for a short visit from Spain.
Will she be allowed to enter uk with her article 10 residence card
So question for you is, on what basis does she has that Article 10 residence card? Is it perhaps because she is the family member of another EU citizen living in Spain?Do you have a valid Article 10 residence card?
The person you’re visiting or travelling with must be your sponsor.
The main principle established by the SS case is the right in European Union law to move from one member state to another must also include a 'right to return' to a member state of which the EEA resident is the national of, otherwise an EEA national would be deterred from moving in the first place. This is a right written in law and not some discretionary privilege granted by an entry visa officer. So if you are exercising your right to return to your home member state, you are doing so under an EU law and not the domestic law of UK that should apply to you and your mum. As such if you have genuinely exercised your treaty rights and your mum has obtained the art.10 RC being your dependent, I don't see any reason why you would be refused entry as per the law.
But by the Surinder Singh clause (Section 9 of the Immigration (EEA) Regulations 2016), the term 'EEA national' includes you, despite being a British citizen.
For the benefit of future reference, I'd like to offer an argument to prove the above is incorrect.YuliyaVD wrote: ↑Sun Jan 12, 2020 9:13 pmI have been told by immigration officer that my mum will be denied entry to UK even though she has family member residence card under article 10. If I was other EU passport holder then no problem but because I am a British Passport holder it will be a problem.
For context, the aforementioned case concerns an Indian family seeking entry into the UK with Bulgarian Article 10 cards, obtained via residence in Bulgaria while accompanying their dual Indian/British family member. The family were refused entry into the UK, and this is their appeal to that decision. They cite the well known McCarthy Rodriguez case, in which the ECJ ruled in favor of a Colombian citizen, wife of a dual Irish/British national, and holder of a Spanish Article 10 card.there is nothing at all in Article 5 indicating that the right of entry of family members of the Union citizen who are not nationals of a Member State is limited to Member State other than the Member State of origin of the Union citizen.
Of course!