No visa but still want to travel?

Are you a direct family member of an EU citizen and you need to travel within Europewith your EU family member, but do not have a required visa?

If you have a “Residence Card” for a family member of an EU/EEA citizen, then youin most cases do not need a visa. If you do not have this Residence Card, you mayneed a visa (depending on which passport you hold).

If you can get the visa in time for your travel, then do that! It should be issued easily. Travel is a lot easier if you have the visa and don’t need to worry. See: Requirementsfor a short stay visa as family member of an EU citizen. Also be sure to see thewarnings at the end of this posting!

But non-EU family members of EU citizens have a fundamental right (coming fromthe EU treaties) to travel together with their EU family members to any of the EUmember states, even if they do not have the required visa. This right has beenclarified and upheld in 2002 by the highest European court, the ECJ, in the case C-459/99 (MRAX vs Kingdom of Belgium), and has been incorporated explicitly intoDirective 2004/38/EC.

C-459/99 (MRAX vs Kingdom of Belgium)The operative part of the ECJ decision C-459/99 (MRAX vs Kingdom of Belgium)(summary PDF of MRAX decision, full text of MRAX decision) reads:

1. On a proper construction of Article 3 of Council Directive 68/360/EEC of15 October 1968 on the abolition of restrictions on movement andresidence within the Community for workers of Member States and theirfamilies, Article 3 of Council Directive 73/148/EEC of 21 May 1973 on theabolition of restrictions on movement and residence within the Communityfor nationals of Member States with regard to establishment and theprovision of services and Council Regulation (EC) No 2317/95 of 25September 1995 determining the third countries whose nationals must be inpossession of visas when crossing the external borders of the MemberStates, read in the light of the principle of proportionality, a Member Statemay not send back at the border a third country national who ismarried to a national of a Member State and attempts to enter itsterritory without being in possession of a valid identity card orpassport or, if necessary, a visa, where he is able to prove his identityand the conjugal ties and there is no evidence to establish that herepresents a risk to the requirements of public policy, public security orpublic health within the meaning of Article 10 of Directive 68/360 and Article8 of Directive 73/148.

General InformationTravelling without a visa can be a pain, even after the MRAX ECJ ruling. Ifsomebody official says you need a visa, it is usually easiest to get one and travel withthat. If you travel without a required visa, there are a number of challenges you mayneed to overcome.

In the following, it is essential to be aware:

1. These are suggestions that may ease your entry without a visa. They shouldnot be taken as legal advice and come with no guarantee. If you want aguarantee, get a visa!

2. European free movement rules apply when traveling to an EU country differentthan the citizenship of the EU family member. e.g. If the EU family memberhas French citizenship, then the rules apply for entry into all EU countriesother than France. These rules only apply for travel back to the EU “homecountry” when the EU family member has recently been working in another EUmember state. e.g. The rules apply for the French worker living in the UK whowishes to enter France with their non-EU family members.

3. You must be traveling together with (or joining) your EU/EEA family member4. You must have your passport and your partner must have their EU member

state ID card or passport5. You must carry proof of the family relationship (e.g. an original marriage

certificate, birth certificate, or adoption certificate, as well as an official

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ABOUT THIS BLOGDirective 2004/38/ECEU resources (informationand services)EU/EEA countriesAustriaBelgiumBulgariaCyprusCzech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIcelandIrelandItalyLatviaLiechtensteinLithuaniaLuxembourgMaltaNetherlandsNorwayPolandPortugalRomaniaSlovakiaSloveniaSpainSweden

freedom of movement in the EUFree movement for EU citizens and their non-EU family members

translation if the original is in a non-European language)6. Border guards may, in some cases, not be aware of all aspects of your right to

free movement and of their legal obligations. You may need to politely providethem with references to the law or their procedures and rules (such as this blogentry) and should very politely request their managers and supervising officersif there is any difficulty.

7. Employees of airlines and passport checking firms are less likely to be awareof your legal rights and may resist letting somebody without a visa on boardbecause they fear fines from the government of your destination for lettingsomebody on board without the proper travel clearance. Be polite and patientbut firm with them.

8. You should print out, organize and travel with each of the documentsreferenced in this article, as well as other supporting material. Read it,understand it, and travel with it. You can share the documents with borderguards and their supervisors if there is any misunderstanding.

9. You have a right to any refusal in writing, along with reasons for the refusal. Make sure they clearly state that the EU citizen was present, and the marriagecertificate was produced, but that entry was refused.

10. Entering without a visa will likely take more time at the border than you areused to. Take some food and water, and do not have anything else planned fora few hours after your arrival.

11. Be calm, relaxed and happy in dealing with border guards. Quite a few ofthem well understand the laws on free movement within the EuropeanCommunity, and will deal with you quickly and politely.

Directive 2004/38/EC has the following to say:Directive 2004/38/ECChapter II — Right of exit and entryArticle 5 — Right of entry 4. Where a Union citizen, or a family member who is not a national of aMember State, does not have the necessary travel documents or, ifrequired, the necessary visas, the Member State concerned shall, beforeturning them back, give such persons every reasonable opportunity toobtain the necessary documents or have them brought to them within areasonable period of time or to corroborate or prove by other means thatthey are covered by the right of free movement and residence.

Each member state has had to transpose Directive 2004/38/EC into their ownlegislation and must include Article 5 in the transposition.

The European Union comments about this in their document TABLE OFCORRESPONDENCE BETWEEN DIRECTIVE 2004/38/EC AND CURRENT ECLEGISLATION ON FREE MOVEMENT AND RESIDENCE OF UNION CITIZENSWITHIN THE EU (quote starts page 6):

Article 5(4) [of Directive 2004/38/EC] works as a safeguard for personsentitled to free movement when they are unable to show the requireddocuments when crossing a border. This provision is based on thejudgment of the [ECJ] in case C-459/99 [ruling of 25 July 2002 in MRAX vBelgian State] according to which on a proper construction of Article 3 ofDirectives 68/360 and 73/148 and Regulation 2317/95, read in conjunctionwith the principle of proportionality, a Member State may not send back atthe border a third country national who is married to a national of a MemberState and attempts to enter its territory without being in possession of avalid identity card or passport or, if necessary, a visa, where he is able toprove his identity and the conjugal ties.

How does this work in practice in the UK?The UK gives the following guidance to its border guards in Border ForceOperations Manual - EEA Nationals & their Dependents. Note that the followingquoted section is about family members of EEA citizens who do not have a requiredUK issued EEA family permit (the UKBA name for a visa for family members of an EUcitizen), or a Residence Card, or even possibly have no passport:

5.5 Procedures when no EEA family permit or residence card is held

5.5.1 Admission of family members who are unable to produce a validpassport, family permit or residence card

Border Force officers will need to assess whether or not a person qualifiesfor admission under the EEA Regulations in the above situations. Portsshould take particular note of the guidance on those who seek admissionunder the extended family member provisions as dependents relatives andas family members of an EEA national with whom they have a “durablerelationship” (unmarried partner); the relevant criteria in Part 8 of the Rules

SwitzerlandUnited Kingdom

help: EU Solvitlaw: ECJ case lawECJ C‑68/89 Commission vNetherlands [1991]

other: Schengen

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Can I move home using EU law?Does EU law apply for moves tomy country of citizenship?How long have I been "resident"?No visa but still want to travel?To whom does EU freedom ofmovement law apply?Visa requirements for family of EUcitizen?Who are "other" family members?Who are "primary" familymembers?

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(excluding entry clearance) should be used to make a decision on whetheror not to admit under EEA Regulations. Unlike immediate family membersthe EEA Regulations allow for an “extensive examination of the personalcircumstances” of extended family members.

5.5.2 Seeking admission at port

Applicants at port should be treated as persons seeking admission unlessreference is made to applying for a residence card. Admission will fall intoone of the following:

Produces satisfactory evidence on arrival — The person shouldbe admitted for 6 months on a Code 1A [Ed: Code 1A apparentlyallows passport holder to work and get social assistance. Adocument from Department of Works and Pensions provides a fuzzyphoto]. Complete landing card.Is unable to produce satisfactory evidence on arrival — Theperson should be given “every reasonable opportunity” to prove byother means that he is the family member of an EEA national; aperson should not automatically be refused admission as a result ofnot being able to produce adequate evidence. As a guide within aweek of arriving at port should be adequate; ports can considerrefusing admission at this point, unless the situation suggests moretime is needed.Submits an application for admission post arrival

A letter from Damien Green (Minister of Immigration in Britian) makes this clear:

Under Regulation 11, the family member of an EEA national must beadmitted to the UK if he or she produces on arrival a valid passport and anEEA family permit, a UK issued residence card or permanent residencecard, or if he or she is able to prove the family relationship by othermeans. [emphasis added]

It is therefore not compulsory for family members of EEA nationals to obtainan EEA family permit before travelling to the UK, and UK Border Agencyofficers will consider any evidence presented by passengers arriving at theUK border that they are entitled to be admitted as a family member of anEEA national in accordance with regulation 11 (4) [Ed: This is theparagraph which implements MRAX]. Nevertheless, it is stronglyrecommended that family members obtain an EEA Family Permit, whichare issued free of charge, before travelling in order to facilitate their entry tothe UK.

How does this work in practice in Schengenmember states?The European Commission gives Schengen member states (which now includesmost member states) the following clear directions in the “Practical Handbook forBorder Guards (Schengen Handbook) [EN]” (also available in other EUlanguages):

3.1 Persons enjoying the Community right of free movement

3.1.1 Persons enjoying the Community right of free movement areauthorised to cross the border of a Member State on the basis of thefollowing documents, as a general rule:

EU, EEA, CH citizens: identity card or passport;members of the family of EU and EEA citizens who are nationals of athird country: passport. They may also be required to have an entryvisa, if they are nationals of a third country subject to the visaobligation, unless they are in possession of a valid residence permitor card, issued by a Member State (or by EEA countries);members of the family of CH citizen who are nationals of a thirdcountry: passport. They may also be required to have an entry visa, ifthey are nationals of a third country subject to the visa obligation.

3.1.2 However, if a person enjoying the Community right of freemovement does not have the necessary travel documents or, ifrequired, the necessary visas, the Member State concerned must, beforeturning him/her back, give such person every reasonable opportunity toobtain the necessary documents or have them brought to him/her within areasonable period of time or corroborate or prove by other means thathe/she is covered by the right of free movement.

3.1.3 As a consequence, checks on persons enjoying the Community rightof free movement should be limited, as a general rule, to the verification of

their identity and nationality/family ties (so-called “minimum check”, seeabove point 1.4). No questions concerning the purpose of travel, travelplans, employment certificate, pay slips, bank statements, accommodation,means of subsistence or other personal data should therefore be asked tothem.

[...]

Legal basis – Case law:

Directive 38/2004/EC (Articles 4, 5 and 27)Schengen Borders Code (Article 7)Agreement between the European Community and its MemberStates, of the one part, and the Swiss Confederation, of the other, onthe free movement of persons, 21 June 1999Judgement of the ECJ of 25 July 2002, Case C-459/99, MRAX vs.BelgiumJudgement of the ECJ of 17 February 2005, Case C-215/03, SalahOulane vs. Minister voor Vreemdelingenzaken en IntegratieJudgement of the ECJ of 31 January 2006, Case C-503/03,Commission vs. Spain.

Practical experience of people who have done thisStefan-TR writes clearly about his wife entering the UK without the EEA FamilyPermit and the (positive!) resultA Polish national and her husband flew to the UK and entered easilyWest African wife of UK national enters UK with husband by ferry at Calais. UK national had been living and working in Spain and entry was made on thebasis of the ECJ Singh caseI have entered into Ireland at Dublin airport with my wife. She did not have therequired visa. After some back and forth, and a wait of maybe 45 minutes (orat least it seemed that long), she was allowed entry. Some of the guardsclearly did not know the rules, but the one we were dealing with was very politeand eventually everything was sorted out. We had a nice time exploring Dublinand then went home.Scott, a visa requiring non-EU citizen, writes about entering Spain togetherwith his EU partner without the required visa after the Spanish embassy took too long to process their applicationThe non-EU spouse of a British woman, normally resident in Sweden, whoentered the UK in Calais. They had the unfortunate experience of a rudeUKBA Immigration Officer, but it still only took 10 minutes!The Albanian wife of a British citizen entered the UK from Calais by ferrywithout an EEA Family Permit: “[The Immigration officer] was happy that I hadeverything so organised and although it was unusual he did everythingaccording to what the laws were that I had read and stamped my wife’spassport with the Code 1A. It did not take very long at all.”Russian wife enters UK with EEA husband by ship: “Much less hassle to get anEEA family permit, but i take a certain pride to being called as “stubborn as aNorwegian“The Moldovian wife of a Romanian citizen did not have an easy time enteringIreland. She was detained and held. In the end the government was fined7000 euro, but that is small compensation

Important warnings to keep in mind!1. These are suggestions that may ease your entry without a visa. They should

not be taken as legal advice and come with no guarantee. If you want a kind-of guarantee, get a visa!

2. If you need to fly to your destination, the airline may turn you away before youever have a chance to talk with a border guard. They are often instructed torefuse to carry people who do not have the right visa, and do not know aboutthese European legal rules.

3. ECJ case law applies to traditional EU/EEA member states. They likely doNOT apply to entry into Switzerland (which is part of Schengen but not directlysubject to ECJ case law), although the Schengen Practical Handbook forBorder Guards does not make an exception for Switzerland

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« EU reviews Directive 2004/38/EC progress Studying in another EU member state »

frey On August 5, 2010 at 12:37 Permalink | Reply

David Waumsley On October 11, 2010 at 22:43 Permalink | Reply

london3 On November 18, 2010 at 06:28 Permalink

By EU free movement, on August 4, 2010 at 19:17, under court cases, Directive 2004/38/EC,ECJ, visas. 39 Comments

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Has anyone gained entry to the UK showing only the passports and marriagecertificate or been refused entry?

0 0 Rate This

My wife was not allowed to board a Ryanair flight to Poland (with me her EUfamily member). The Polish Embassy in London confirmed personally by emailwhat they say on their website: http://www.londynkg.polemb.net/index.php?document=135.

However, after showing both the website and the embassy email Ryanair stillwould not let my wife board. Presently they are refusing to refund the cost of theflight. Any ideas how to hold Ryanair accountable are greatly welcomed.

0 0 Rate This

I think its time to go to court. Directive 2004/38/EC is implemented in Law inall EU countries and is practiced by all the EU/EEA countries. I think refusingto accept it is discrimination and refusing to give her a legal right. This is notlegal. The only one that can enforce Ryanair is the Courts.

The Simple start is to prepare your court papers:http://www.thisismoney.co.uk/bargains-and-rip-offs/article.html?in_article_id=417663&in_page_id=5

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Border officials cannot req… Entry and initial residence i… EU free movement denied

Border officials cannot req… Entry and initial residence i… EU free movement denied

In "case law" In "case law" With 5 comments

In "case law" In "case law" With 5 comments

eumovement On August 5, 2010 at 19:02 Permalink | Reply

eumovement On August 6, 2010 at 16:13 Permalink | Reply

london3 On September 4, 2010 at 08:50 Permalink | Reply

eupossible On June 12, 2011 at 00:14 Permalink | Reply

Anonymous On October 14, 2011 at 18:30 Permalink | Reply

and just send it to Ryanair informing them that you are sending this to thecourt 14 days from now. I am no expert but I think I will add a compensationof GBP 100K to the benefit of any organisation that informs on EU rights asthey clearly are breaking the law. That will also get their attention.

This is expensive but I think a good solicitor is useful in this case. Personally Iwill have made all the papers my selv, but its not so easy and takes time.

http://ec.europa.eu/ireland/about_the_eu/legal_information_and_eu_law/enforcement/index_en.htm#2I think you can also report Ryanair to a number of government consumerbodies. remember to send a copy of all your complains to Ryanair. Dontexpect answer from Ryanair. They get alot of complains and dont normallyanswer them before they are forced by the court or by governments.

8 0 Rate This

We entered Ireland at Dublin airport without a visa. We showed them our passportsand our marriage certificate. They did not “like it”, but they eventually let us in andwe had a very pleasant day in Dublin. It took us about 45 minutes waiting, whichwas not so nice. But the man dealing with us was very pleasant and had a greataccent (of course).

1 0 Rate This

Doing visa free entry relies on Directive 2004/38/EC being respected and the ECJrulings, especially C-459/99 (MRAX vs Kingdom of Belgium), having force of law inthe country. This is true for ALL EU countries. It may not be true for extra countriesthat are in EEA such as Norway or Switzerland. I am not sure if this would work inthose countries.

0 0 Rate This

Norway have incorporated Directive 2004/38/EC in their Emigration law of 2008.Utlendingsloven § 110 i saying: ”Familiemedlemmer til en EØS-borger omfattes avbestemmelsene i dette kapittelet så lenge de følger eller gjenforenes med en EØS-borger” This basically says that a any familly member of EU/EEA citizen have rightof free movement as long as they travel with or to join the EU/EEA citizen.

0 0 Rate This

Could someone please advise me as to how far the Metock case is enforceable? Iam British, my husband is Jamaican. He has just been denied a visa in the UK and Iwould now like to exercise treaty rights by moving to mainland Europe. We tried toexercise treaty rights last year by applying for a Schengen Visa for him to enterBelgium, but it was denied on the grounds that he did not have a visa to be in theUK – a decision that was in breach of the case: Metock (Case C-127/2008).

Since Europe is now our only option (as appeal or judicial review in the UK is solengthy and we just want this to be over now!) we figure we will try and enforce theMRAX case on the border and use everything on this page to back up our rights. Ifwe are dissatisfied with Europe once we’re there (as we’ve never been before andare interested to see what national opinion may be on mixed race relationships)then we will book flights to Jamaica and reapply for entry to the UK from there. I amself employed and earn my income online, which I can do from anywhere, andideally I would like to do this from Europe with my husband by my side.

To summarise: I would like to follow the procedures on this page and attempt toenter Europe without having established an entry visa for my husband beforehand –as is our right to do so. I would also like advice as to whether this is likely to beenforceable considering he is not legally present here in the UK, and can claim theMetock case in his favor. As an aside, we did get SOLVIT to pursue our case withthe Belgian authorities but they stuck to their guns and said they’d only grant him avisa if he applied for it from Jamaica.

1 0 Rate This

Hi Eu possible,I have read your post and I hope I am not too late with reply. I am a Britishnational who is married to a South african national we currently live in Ireland asthat was the only way that we could live together legally and it enabled me toexcercise my free movements rights in europe. My husband has been granted a

EcuadorianWifeofEuropeanWithExpiredUKResidency On July 12, 2011 at 09:45

Permalink | Reply

Alhema Leyva On July 26, 2011 at 13:41 Permalink | Reply

EUmovement On July 26, 2011 at 17:10 Permalink | Reply

Anonymous On June 20, 2012 at 06:28 Permalink | Reply

5 year residence card for ireland republic.

Metock rule can only be effective once you have left Britain for another Eucountry e.g Republic of ireland which is the closest country for you.

Once you arrive at the border, you will need to present your marriage certificateand both passports, and tell them that you are here to excericse your freedom ofmovements with your spouse, (studying. or working)

It is not the best option for your husband to go back to Jamaica he will be stuckthere with to much red tape and will take alot of time to get sorted.

In regards to your travelling use a ferry from Holyhead to dublin port as youcannot fly, please make sure you have the above mentioned documents.

I hope this helps you and your husband in suceeding in living together legally.

After excersing your treaty rights working or self employed (not studying) in therepublic of ireland or another eu country for 6 months,you will be able to returnback to the UK with your spouse based on the surinder singh ruling.

Hope this helps you and your spouse, good luck! 4 0 Rate This

Hi,

The freedom of movement is great but it’s very hard to find out prior to buying ticketsif the airlines will get us through… Please anyone post any experience you had withtravelling without VISA/Residency within europe with or without your Europeanhusband/wife, please include name of the airlines…

—-My experience : not impressed with Delta airlines willingness of giving informationand did not book for USA travelNext we have to go to Spain – planning to talk to checkin employees at airport thisweek. My wife is Ecuadorian, expired Schenghen expired UK residency with COAfor EEA4. She would need a schenghen visa for Spain but we can only apply if wego to Ecuador, she would need a UK family permit to get back in UK but we canonly apply from abroad and it takes weeks so it is not possible either as she works.Basically we are thanksful for Freedom of movement act and MRAX againstBelgium ruling because EEA4 and Schenghen visa just deny right of movement…Hopefully airlines checkin employees at least in Europe are well aware to let youboard without Visa/residency.—-

Thanks,Julien

0 0 Rate This

Hi,

On March 8 my husband,daugther and I tried to travel from Lisbon (Portugal) toLondon without success, we bought the tickets online and the money (to makematters worse) was not returned, the airline, EasyJet. We prepared all thedocuments listed here (from marriage certificate translated and legalized in theembassy until birth certificate of my daughter who is Portuguese including a copy ofthe Border Force Operations Manual – EEA Nationals & their Dependents ) as alawyer recomended us , but they did not read them, was a harrowing experiencesee my daughter crying, screaming dad!, but he could not stay with us because itwas imperative for him traveling to London, today I am still in Portugal and thebiggest problem is that here the embassy is not attending visa issues,so I shouldtravel to Madrid to do it, but it is so complicated since I live alone with my daugherhere. In a few days I will try again through the English Channel by train, anyoneknows how the system works there?

1 0 Rate This

Travelling without a visa, especially by air, can be very difficult. Airlines do notknow the rules. I assume your husband is non-EU EU citizen who is working inthe UK. Best to travel with him, by train or on the car ferry. But better still to get avisa from Madrid before you travel – it will make it a lot easier when travellingwith a child also!

0 0 Rate This

EU free movement On June 20, 2012 at 23:46 Permalink | Reply

Anonymous On July 31, 2012 at 05:56 Permalink | Reply

EU free movement On August 1, 2012 at 08:03 Permalink | Reply

Monica May On August 29, 2012 at 13:25 Permalink | Reply

Anonymous On September 16, 2012 at 09:15 Permalink | Reply

EU free movement On September 20, 2012 at 11:40 Permalink | Reply

Allison On October 6, 2012 at 05:24 Permalink | Reply

My dad was refused entry in the UK when he mentioned that he and I, a Britishcitizen, would be going to Ireland to settle under the EEA family permit .we evenhave our tickets booked!. The UKBA keep telling me that he should apply forsettlement from his home country but surely that is only relevant if he wanted tosettle in the UK? Given that he was denied entry in the UK how can I ensure that wecan both go to Ireland without him being denied entry there??

0 0 Rate This

Your dad’s rights under EU law, if any, do not apply for entry into the UK (sinceyou are British). His entry to Ireland depends on whether he is covered by EUfree movement law. Only dependent parents are covered.

1 0 Rate This

I guess my query is very similar to all of those above. I’m an Australian citizen andmy husband is an Australian citizen but also holds an Estonian passport. From whati understand we are able to travel within Europe freely if we travel together and myhusband travels on his Estonian passport? We want to stay in the Schengen formore than 90 days in 180 days – will this be possible?

0 0 Rate This

If your eu spouse wants to remain for more than 3 months in one country youmay both be required to register. But as long as you travel together, you have aright to be with him. Be sure to travel with your marriage certificate as proof thatyou are a family member. The overall limit in Schengen is not relevant.

0 0 Rate This

I am the Non-EU spouse of a British Citizen. Prior to returning to the UK, we wereliving and working in Ireland for 11 years and I have permanent residency in Irelandbased on our marriage. On return to the UK, we applied for a my residency cardunder EU law but was refused, saying that since my husband is British, he does notqualify as an EU national. We requested a reconsideration under the Surinder Singhruling. Our case has been under review for the past year and my passport is stillwith the UKBA. However, we need to travel to South Africa for our daughters’wedding, but have been told that I will be refused entry on return to the UK, even if Imanage to get my passport back. My residency in Ireland is still valid. What am Isuppose to do????

0 0 Rate This

Has anyone gained entry to the UK showing only the passports and marriagecertificate or been refused entry?

0 1 Rate This

Yes. Examples are linked to on this very page! 0 0 Rate This

My partner and I both have EU passports and live in Australia. Our 2 children, aged7yrs and 9yrs have Australian passports.We will be travelling to France inDecember and are hoping to be there for approx 6mths. As I understand it a visa isnot required for stays up to 3 months. Can we apply for a long term visa for ourchildren when in France? Do they need visas if they are travelling with us? We donot have family residence permits etc.We were in the process of arranging UK passports for them but have hit a snag aswe are not married and therefore cannot provide a marriage certificate. Apparentlyone needs to apply in person in Sydney to organise visas and they are fully bookedfor the next 3 months so we cannot go down that route.Not sure what needs/can be done now.

0 0 Rate This

EU free movement On October 8, 2012 at 07:31 Permalink | Reply

James Morgan On October 10, 2012 at 00:09 Permalink | Reply

EU free movement On October 10, 2012 at 07:26 Permalink | Reply

James Morgan On October 10, 2012 at 11:56 Permalink

EU free movement On October 11, 2012 at 07:39 Permalink

eli On October 25, 2012 at 19:28 Permalink | Reply

adiza On November 11, 2012 at 19:34 Permalink | Reply

babyonatour On January 1, 2013 at 08:36 Permalink | Reply

The children require no visa to enter France. You should carry their birthcertificates with you to prove, if ever needed, their family relationship to the EUcitizen.

What we you be doing in France? You can stay for as long as you want if you areworking or are self sufficient. So can your kids.

0 0 Rate This

I have recently got married to an albanian lady. We have been living in greecetogether for nearly three years now.(I am British) Work at the moment is very off andon at the moment and is normaly paid cash in hand (records are not easy toprovide). Can you please tell me how much evidence and exactly what evidence issufficient to send to the embassy with my application for her for family permitt,as theapllication form looks quite dawnting. Please note we did try and apply for fianceevisa for her this year, she passed english exams and everything. however theyrefused us because my job offer was not on headed paper!!!!!! Any informationwould be grate.

0 0 Rate This

Have you worked officially and in a documented way for more than three monthsin Greece? Even part time is fine. If so you qualify for eu law for your familymove to UK.

0 0 Rate This

I have a letter from my captain on the boat I work part time on. Is this enough.Thank you once again.

0 0 Rate This

There are no fixed rules. Apply and see.

Have you never worked a normal paid job in Greece? In the past? 0 0 Rate This

i am an albanian citizen married to my english citizen husband from 2 years ( beentogether for 8years) ,i have been granted turist visas for england in the past andalso last year a EEA Family Permit visa during 6 months.This year i got the italianresidency card as family member of EEA citizen( marriage permit stay).My husbandi I both live and work here in italy and we also have italian residency ID cards.Wewould like to visit our family in england by travelling by car and we were wonderingthat by presenting our passport and the italian residency card and without a visathey would let us go through.Could you give us an advice pleasethank you

0 0 Rate This

I am an eea national who lives and works in the UK. I am married to a ghananianwho lives in ghana. my husband and I are visiting France on holiday. can myhusband travel with me to the UK after our visit without applying for a family permitsince I am travelling with him and then apply for residence permit in UK. we intendto travel by train ( my husband currently holds a schengen visit visa). if this ispossible, what documents do we need to travel with.

0 0 Rate This

Important update on UK Border Agency procedures in case of absence of EEAFamily Permit in passports of VISA NATIONALS entering the UK with their EEAspouse.

1.

Lara Costa On February 5, 2013 at 21:30 Permalink | Reply

EU free movement On February 6, 2013 at 08:09 Permalink

Lara Costa On February 6, 2013 at 09:07 Permalink

Mendes On February 7, 2013 at 01:37 Permalink

claire On April 13, 2013 at 22:04 Permalink | Reply

EU free movement On April 14, 2013 at 10:48 Permalink | Reply

Mendes De Castro On April 16, 2013 at 17:18 Permalink

While NON-VISA nationals receive a 6 months code 1A stamp at the border, VISANATIONALS receive a TWO MONTH, CODE 1 stamp at the border. Border Agencyofficials will refuse to place a SIX MONTH stamp in a VISA NATIONAL’S passport.The new guidance says that a TWO MONTH stamp is sufficient to allow entry ofnon-EEA, VISA NATIONAL in order to facilitate further application of this person fora residence card.

I have entered with my wife 2 days ago via Heathrow. Procedure is simple andstraightforward.

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UK Border agency now maintains a 24/7 telephone line for transport carriers toverify entry eligibility of those passengers who do not hold straight-forward visasand family permits. All airlines have the number that they must contact. UKBA willreview documents faxed to them by the airline and direct airline to allow boarding incase the passenger meets EEA guidelines/UKBA procedures even if no visa is held.If your airline refuses to let you on board, insist that they contact UKBA CarrierLiaison team. This team is there for this specific reason.

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Hi,

I am a Visa National residing in the UK with my EEA National husband. We havebeen here since September 2011 and have two children, both Visa Nationals.We are STILL waiting on the EEA2 Residence Cards and want to go to Portugal.The EEA Family Permit has expired. According to what you said I should be ableto travel to Portugal and importantly, get back into England without an EEAFamily Permit or Visa and just our marriage certificate and passports. We canalso take along the COA and some bills from here. Just checking (you know,fresh pair of eyes on a situation Sounds ok? Don’t want to be stuck inPortugal with my kids stuck in the UK.

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Are you driving? Also how long have you been waiting for a Residence Card? 0 0 Rate This

No, we are hoping to fly. I think it is cheaper? We have been waiting just over6 months, so legally, I believe, they are at fault.

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It is a very risk move to be honest, without a residence card you might getstuck. What nationality are you?

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i am British and have been living in Cyprus for 12 years. My husband (Bangladeshi)was refused a family tourist visa for the U.K and got a ban under 320(7b) . Under aneea family permit they can not refuse the visa for the previous ban so if i turned upat Calais with all the paper work is there a chance i would be able to get a 1A stampif we have our 3 children with us?

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Have you been working in Cyprus? If so your husband should not have beenrefused.

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It’s illegal and they shouldn’t have denied him entry clearance and you shouldhave appealed if you haven’t done it yet.

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Ben On June 5, 2013 at 11:28 Permalink | Reply

Zeshan On August 25, 2013 at 17:30 Permalink | Reply

Calais On October 14, 2013 at 07:34 Permalink | Reply

issabella On November 17, 2013 at 18:04 Permalink | Reply

I am a dutch national with a Philipina wife who has a 5 year staying permit for theNetherlands. I entered the UK by car through the Channel Tunnel without a visa.After some questions we had to show our proof of relationship (internationalmariage certifciate) and my wife had to fill in a short form. After that a single entryvisa was issued. All in all it took us 15 minutes. We were told however that this wasnot the proper procedure and next time we should apply for a free EEA family visa

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I’m a Belgian National married with a Pakistani girl since 4 years. We both are livingin Pakistan as I’m on a contract for a international company here in the country. Ihave applied twice for a visa for my wife both for schengen and they have alawaysrefused to give as they don’t have enough evidence that my wife will go back in herorigin country. I have a marriage certificate certified and legalised by the nationalauthority and the Belgian Embassy. I’m tired to run after Embassy’s. Do you thinkthat I can travel to Schengen area or UK with my marriage certificate without a visa?I know I have no guaranty but do I have any chances?

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Hi All,

I am a non – EU citizen living in Czech Republic. One month ago I wanted to visitmy wife in London, who is a EU citizen. I applied for a tourist visa, but got rejected.Then I found this web – page and found very useful. Me and my wife decided totravel to the UK only with our passports and a marriage certificate. We bought flighttickets Strasbourg – London on Rynair. And, as many wrote here, we alsoexperienced the same. I could not board. But it was not the air company, which didnot allow me. Actually, they asked me to consult with the police in the Strasbourgairport about my case. The police was very nice and tried to help us. Theycontacted their British colleagues by phone, but the British police told them literallythat I would not be able to get a stamp on the border, in fact they do not issue itanymore, therefore I should apply for a visa or a EEA Family Permit outside the UK.Me and my wife did not give up and went to Calais by train (Train cost us 100 Euroeach) and tried to get on Ferry boat. There, the border police was very nice andwithin 10 mins gave me a six month stamp. Before doing that he consulted withsomebody on the phone.

Now, I have a question:

While the French Police in Strasbourg tried to help us, they gave me a writtenconfirmation that, I was present together with my wife with passports and a marriagecertificate and according to the EU Directive I sought to board on the plane. Thenthey contacted the British Police (they also mention when and on which numberthey called), who did not allow me to travel to the UK without a visa, that the BritishPolice even told them they do not issue such a stamp on the border. So, I have thispaper from the police and they told us also if we decide to sue, they will be morethan happy to support us.

I also have answers by email from the UK embassy in the Czech Republic sayingthat I can not get the stamp at the border and I should apply for a visa beforehand.

Now, since I got this stamp, I would like to sue them, first of all to enforce them toincorporate this EU directive in the UK consulates and second to get refunded for allextra expenses I made for this unnecessary travelings Strasbourg – Calais – Dover– London. (I have kept all tickets)

What would you advise me to do now? How can I best start this process? I reallywant to do it, it does not matter how much time it will take.

And, thank you for this link. Some comments really inspired me to do the same. Justone thing, I printed out all papers on EU regulations, but nobody even looked at it

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Ryanair didn’t let me and my child board the plane, they were two employees I wasexplaining our situations to, a guy and a girl, the girl just went on saying no no noand wont listen,but the guy listened, read the documents I printed out from the ukbawebsites,later he tried to call some number but couldn’t get through.then he calledthe liason office at stansted which was suppose to be our destination.the boarderperson told him not to let me nor my child board infact he asked and took ourpassport details.why he took our passport details I don’t know.what I don’t get in all of his is why do they write these laws all over their websites

Mendes On February 7, 2013 at 01:34 Permalink | Reply

and yet don’t apply it. Sometimes I wish my child was a French or german citizen.the UKBA treats their own citizens like rags. I av applied for entry permit twice andgotten rejected I don’t know wat else to do,so much for the Zambrano amendments.my child holds a british passport and cant even travel to her supposed country orcitizenship. its two years now I cannot get a job.unemployment in Italy worsens bythe day.my child lives badly. Her dad lives in London and don’t even care if sheexist,he is so free from paying child support thanks to the UK Boarder Agency.

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First of all it depends on what Passaport you have? Otherwise you will have to havea EU Resodence card issued in the UK…If not I am afradi you cannot surprise herwith the trip.

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