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The EU citizen can enter the UK w/out need for entry clearance. However, the non-EU spouse would need to apply for a EEA Family permit from the BHC in their country of residence (irrespective of any EEA residence documentation held, unless it's a United Kingdom Residence Documentation) before accompanying the EU national to the UK.First-Class Moron wrote:When visiting the UK for a 6 day visit, is one protected by the Directive 2004/38/EC. Because its a visit and the EU spouse is not seeking to move there, would applications or requirements be classed under national or EU laws.
It is indeed the UK's own interpretation of the EU Directive, however it does not change the fact that in practice his non-EEA spouse may have a hard time entering the UK if not in possession of a EEA family permit as required by the UKBA.Richard66 wrote:If you are in possession of a residence card for a family member issued by any EEA state the directive says no short-stay visa is needed. The part about the residence card needing to be from the UK is the UK's own invention.
I know, Plum, but our aim is to get things changed, to make people aware of their rights and duties, not just to take it sitting down like so many sheep, which is what the UK Border Agency wants.It is indeed the UK's own interpretation of the EU Directive, however it does not change the fact that in practice his non-EEA spouse may have a hard time entering the UK if not in possession of a EEA family permit as required by the UKBA.
I am all for challenging injustice which is why i'm leading a petition similar to this issue on an other forum. However, we know that change is not achieved by the wave of the wand and in the interim there will be a few 'victims'. It is not just the UK stubbornly resisting the complete implementation of the EU Directive; France and Spain amongst others (only just recently changed) insist that non-EEA family members in possession of a UK Residence Card still apply for a schengen visa before travel...I know, Plum, but our aim is to get things changed, to make people aware of their rights and duties, not just to take it sitting down like so many sheep, which is what the UK Border Agency wants.
Thus, if you manage to get into the plane (often possible through online-checkin, but be aware of the procedures) it may be possible to pass the immigration-hurdle...Before an Immigration Officer refuses admission to a non-EEA national under Regulation 11(2) because s/he does not produce an EEA family permit, the IO must give the non-EEA national reasonable opportunity to provide by other means proof that he/she is a family member of an EEA national with a right to accompany that national or join him/her in the UK.
Do let us know how you get on CharlesBut I will definately try this if I dont get an anwser b4 friday as I have waited now and it gonna be 4 weeks by next friday that I have being waitting for there anwser concerning my EEA application and no response yet. SO guys maybe I might be the first to go with this card and my passport and tell my wife to wait for me at the airport cus am sure there will be PROBLEM and DELAY.
Go via belfast. You might have problems boarding from the airlines.charles4u wrote:Wow this is nice and encouraging, So well as I said earlier I will wait till friday this week if they will call me from the british embassy and if not surely am buying my ticket by monday or tuesday and fly immidiately..Guys wish me best of luck and lets see how its all gonna go...till then .
Thanks Richard. My petition is to do with the inaccurate implementation of the EU Directive wrt the UKBA's delayed issuing of residence cards to non-EEA family members. You will find the details in this thread i'm leading: http://www.ukresident.com/forums/index. ... opic=70485["Richard66"]Good, Plum! Maybe we can sign your petition too?
I write this with the assumption that you will exercise Treaty rights when you and your wife move to France.alienated wrote:I cannot believe, if I am right in my interpretation, that for at least several (5+?) years as european/french residents we will have to periodically amass a dossier of paperwork and pay £xxx's for her to obtain the 'right' to hop over the channel with me.
Yesbenifa wrote:I write this with the assumption that you will exercise Treaty rights when you and your wife move to France.
I thought the EEA FP only applies if I am a non-UK EU national resident or going to be resident in the UK. Even if pursued the Surender Singh route, I thought this permit does not apply for short-stay/non resident visits?benifa wrote:At worst, your wife would have to obtain an EEA Family Permit (a visa-type document) from the British consulate in Paris, in order to accompany you to the UK. The EEA FP is free.
Let's hope so. It appears that it is greatly in the hands of check-in staff - is there any log of success/failures concerning this? Eurostar from Paris to London, for example?benifa wrote:At best, and especially in recent times (see also First-Class Moron's post here), she may be able to travel with you, possessing her passport and French Resident Card only (sans EEA FP).
UK requires the EEA family permit even if you and your EU spouse are visiting the UK for just 2 days, so far you will cross the border into the UK then a visa is needed...alienated wrote:Yesbenifa wrote:I write this with the assumption that you will exercise Treaty rights when you and your wife move to France.I thought the EEA FP only applies if I am a non-UK EU national resident or going to be resident in the UK. Even if pursued the Surender Singh route, I thought this permit does not apply for short-stay/non resident visits?benifa wrote:At worst, your wife would have to obtain an EEA Family Permit (a visa-type document) from the British consulate in Paris, in order to accompany you to the UK. The EEA FP is free.Let's hope so. It appears that it is greatly in the hands of check-in staff - is there any log of success/failures concerning this? Eurostar from Paris to London, for example?benifa wrote:At best, and especially in recent times (see also First-Class Moron's post here), she may be able to travel with you, possessing her passport and French Resident Card only (sans EEA FP).
Merci bcp.
