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✎ EN Visa free travel to the UK for family members of EU citizens

Discussion in 'Immigration UK' started by Prawo, Aug 27, 2007.

  1. Prawo

    Prawo Active Member

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    Under directive 2004/38/EC third country nationals living with an EU national have to get a residence card according to art. 10 par. 1.

    According to art. 5 par. 2 since 30 April 2006 this card allows them to travel without a visa to other member states, a.o. the UK and Ireland.

    For example the Turkish husband, living with his Polish wife in The Netherlands can board a plane and travel visa free to the UK.
    So can the Iranian parents, living with their Dutch daughter in Sweden.

    Does anyone have any experience with this?
     
  2. sebhoff

    sebhoff Addicted member

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    Re: Visa free travel to the UK for family members of EU citi

    I think you are basically right, but the paragraph you quote isn't the decisive one. Par. 2 allows the UK to demand that family members who are visa-nationals apply for a visa first. The difference is that the UK is not allowed to charge for issuing the visa and it has to be done quickly.
    The more interesting passage, I think, is Article 5/par. 4, which is about what should happen if a visa-national attempts to enter any member state country without a visa. In this case, the UK immigration authorities should give them every possible opportunity to obtain such a visa "or to corroborate or prove by any other means that they are covered by the right of free movement and residence".
    I don't know of anybody who has tried this, but as long as that person can prove that s/he is indeed an immediate family member, they would have to be let in. However, I would suspect that it is up to the immigration authorities to decide whether they have been given enough evidence for this - and it would not surprise me in the least if that was going to be a problem with the average British immigration officer.
    It *would* be worth a try, though.

    There's another important passage later on - Article 25, par. 1, which says that "possession of a residence card" or any other residence document "may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof".
     
  3. sebhoff

    sebhoff Addicted member

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    Re: Visa free travel to the UK for family members of EU citi

    By the way - could somebody please try to do all of this without a passport?! ;-)

    Here's something I just found:

    http://www.hablamosdeeuropa.es/NR/r...420A-A603-7F555AAA38EF/12341/MEMO06179_EN.pdf

    I'm sure any British immigration officer will be very happy to comply! ;-)
     
  4. Prawo

    Prawo Active Member

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    Re: Visa free travel to the UK for family members of EU citi

    This refers to first entry into a member state.
    What I point out is written in the second sentence of par. 2 and concerns third country nationals already having a valid residence card as a family member.

    See also the case of the Italian student and his Russian wife, in the document you mentioned.
     
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