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Requirements for a visa (for family members of EU citizen) No visa but still want to travel? Ireland United Kingdom Directive 2004/38/EC Directive 2004/38/EC's definition of "Family Member" other: Schengen EEA refusals: Public policy, public security and public health Spain "other" family members who are beneficiaries
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General Information
Travelling without a visa can be a pain, even after the MRAX ECJ ruling. If somebody official says you need a visa, it is usually easiest to get one and travel with that. If you travel without a required visa, there are a number of challenges you may need to overcome. In the following, it is essential to be aware: 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 guarantee, get a visa! 2. European free movement rules apply when traveling to an EU country different than the citizenship of the EU family member. e.g. If the EU family member has French citizenship, then the rules apply for entry into all EU countries other than France. These rules only apply for travel back to the EU home country when the EU family member has recently been working in another EU member state. e.g. The rules apply for the French worker living in the UK who wishes to enter France with their non-EU family members. 3. You must be traveling together with (or joining) your EU/EEA family member 4. You must have your passport and your partner must have their EU member state ID card or passport 5. 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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other: Schengen
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EU Citizens Signpost Service (Free) EU Solvit Service (Free) Important disclaimer and information about this site When does "residence" begin?
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9. 10. 11.
Common questions
Can I move home using EU law? Does EU law apply for moves to my country of citizenship? How long have I been "resident"? No visa but still want to travel? To whom does EU freedom of movement law apply? Visa requirements for family of EU citizen? Who are "other" family members? Who are "primary" family members?
translation if the original is in a non-European language) 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 provide them with references to the law or their procedures and rules (such as this blog entry) and should very politely request their managers and supervising officers if there is any difficulty. Employees of airlines and passport checking firms are less likely to be aware of your legal rights and may resist letting somebody without a visa on board because they fear fines from the government of your destination for letting somebody on board without the proper travel clearance. Be polite and patient but firm with them. You should print out, organize and travel with each of the documents referenced in this article, as well as other supporting material. Read it, understand it, and travel with it. You can share the documents with border guards and their supervisors if there is any misunderstanding. 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 marriage certificate was produced, but that entry was refused. Entering without a visa will likely take more time at the border than you are used to. Take some food and water, and do not have anything else planned for a few hours after your arrival. Be calm, relaxed and happy in dealing with border guards. Quite a few of them well understand the laws on free movement within the European Community, and will deal with you quickly and politely.
(excluding entry clearance) should be used to make a decision on whether or not to admit under EEA Regulations. Unlike immediate family members the EEA Regulations allow for an extensive examination of the personal circumstances of extended family members. 5.5.2 Seeking admission at port Applicants at port should be treated as persons seeking admission unless reference is made to applying for a residence card. Admission will fall into one of the following: Produces satisfactory evidence on arrival The person should be admitted for 6 months on a Code 1A [Ed: Code 1A apparently allows passport holder to work and get social assistance. A document from Department of Works and Pensions provides a fuzzy photo]. Complete landing card. Is unable to produce satisfactory evidence on arrival The person should be given every reasonable opportunity to prove by other means that he is the family member of an EEA national; a person should not automatically be refused admission as a result of not being able to produce adequate evidence. As a guide within a week of arriving at port should be adequate; ports can consider refusing admission at this point, unless the situation suggests more time 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 be admitted to the UK if he or she produces on arrival a valid passport and an EEA family permit, a UK issued residence card or permanent residence card, or if he or she is able to prove the family relationship by other means. [emphasis added] It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK, and UK Border Agency officers will consider any evidence presented by passengers arriving at the UK border that they are entitled to be admitted as a family member of an EEA national in accordance with regulation 11 (4) [Ed: This is the paragraph which implements MRAX]. Nevertheless, it is strongly recommended that family members obtain an EEA Family Permit, which are issued free of charge, before travelling in order to facilitate their entry to the UK.
their identity and nationality/family ties (so-called minimum check, see above point 1.4). No questions concerning the purpose of travel, travel plans, employment certificate, pay slips, bank statements, accommodation, means of subsistence or other personal data should therefore be asked to them. [...] 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 Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, 21 June 1999 Judgement of the ECJ of 25 July 2002, Case C-459/99, MRAX vs. Belgium Judgement of the ECJ of 17 February 2005, Case C-215/03, Salah Oulane vs. Minister voor Vreemdelingenzaken en Integratie Judgement of the ECJ of 31 January 2006, Case C-503/03, Commission vs. Spain.
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Related Border o!cials cannot req In "case law" Border o!cials cannot req In "case law" Entry and initial residence i In "case law" Entry and initial residence i In "case law" EU free movement denied With 5 comments EU free movement denied With 5 comments
By EU free movement, on August 4, 2010 at 19:17, under court cases, Directive 2004/38/EC, ECJ, visas. 39 Comments Post a comment or leave a trackback: Trackback URL.
Has anyone gained entry to the UK showing only the passports and marriage certificate or been refused entry? 0 0 Rate This
David Waumsley On October 11, 2010 at 22:43
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My wife was not allowed to board a Ryanair flight to Poland (with me her EU family member). The Polish Embassy in London confirmed personally by email what 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 still would not let my wife board. Presently they are refusing to refund the cost of the flight. Any ideas how to hold Ryanair accountable are greatly welcomed. 0 0 Rate This
london3 On November 18, 2010 at 06:28
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I think its time to go to court. Directive 2004/38/EC is implemented in Law in all EU countries and is practiced by all the EU/EEA countries. I think refusing to accept it is discrimination and refusing to give her a legal right. This is not legal. 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
and just send it to Ryanair informing them that you are sending this to the court 14 days from now. I am no expert but I think I will add a compensation of GBP 100K to the benefit of any organisation that informs on EU rights as they 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 I will 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 I think you can also report Ryanair to a number of government consumer bodies. remember to send a copy of all your complains to Ryanair. Dont expect answer from Ryanair. They get alot of complains and dont normally answer them before they are forced by the court or by governments. 8 0 Rate This
eumovement On August 5, 2010 at 19:02
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We entered Ireland at Dublin airport without a visa. We showed them our passports and our marriage certificate. They did not like it, but they eventually let us in and we had a very pleasant day in Dublin. It took us about 45 minutes waiting, which was not so nice. But the man dealing with us was very pleasant and had a great accent (of course). 1 0 Rate This
eumovement On August 6, 2010 at 16:13
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Doing visa free entry relies on Directive 2004/38/EC being respected and the ECJ rulings, especially C-459/99 (MRAX vs Kingdom of Belgium), having force of law in the country. This is true for ALL EU countries. It may not be true for extra countries that are in EEA such as Norway or Switzerland. I am not sure if this would work in those countries. 0 0 Rate This
london3 On September 4, 2010 at 08:50
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Norway have incorporated Directive 2004/38/EC in their Emigration law of 2008. Utlendingsloven 110 i saying: Familiemedlemmer til en ES-borger omfattes av bestemmelsene i dette kapittelet s lenge de flger eller gjenforenes med en ESborger This basically says that a any familly member of EU/EEA citizen have right of free movement as long as they travel with or to join the EU/EEA citizen. 0 0 Rate This
eupossible On June 12, 2011 at 00:14
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Could someone please advise me as to how far the Metock case is enforceable? I am British, my husband is Jamaican. He has just been denied a visa in the UK and I would now like to exercise treaty rights by moving to mainland Europe. We tried to exercise treaty rights last year by applying for a Schengen Visa for him to enter Belgium, but it was denied on the grounds that he did not have a visa to be in the UK 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 so lengthy and we just want this to be over now!) we figure we will try and enforce the MRAX case on the border and use everything on this page to back up our rights. If we are dissatisfied with Europe once were there (as weve never been before and are 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 am self employed and earn my income online, which I can do from anywhere, and ideally 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 to enter 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 be enforceable considering he is not legally present here in the UK, and can claim the Metock case in his favor. As an aside, we did get SOLVIT to pursue our case with the Belgian authorities but they stuck to their guns and said theyd only grant him a visa if he applied for it from Jamaica. 1 0 Rate This
Anonymous On October 14, 2011 at 18:30
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Hi Eu possible, I have read your post and I hope I am not too late with reply. I am a British national who is married to a South african national we currently live in Ireland as that was the only way that we could live together legally and it enabled me to excercise my free movements rights in europe. My husband has been granted a
5 year residence card for ireland republic. Metock rule can only be effective once you have left Britain for another Eu country 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 certificate and both passports, and tell them that you are here to excericse your freedom of movements with your spouse, (studying. or working) It is not the best option for your husband to go back to Jamaica he will be stuck there 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 you cannot 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 the republic of ireland or another eu country for 6 months,you will be able to return back 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
EcuadorianWifeofEuropeanWithExpiredUKResidency On July 12, 2011 at 09:45
Hi,
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The freedom of movement is great but its very hard to find out prior to buying tickets if the airlines will get us through! Please anyone post any experience you had with travelling without VISA/Residency within europe with or without your European husband/wife, please include name of the airlines! My experience : not impressed with Delta airlines willingness of giving information and did not book for USA travel Next we have to go to Spain planning to talk to checkin employees at airport this week. My wife is Ecuadorian, expired Schenghen expired UK residency with COA for EEA4. She would need a schenghen visa for Spain but we can only apply if we go to Ecuador, she would need a UK family permit to get back in UK but we can only 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 against Belgium ruling because EEA4 and Schenghen visa just deny right of movement! Hopefully airlines checkin employees at least in Europe are well aware to let you board without Visa/residency. Thanks, Julien 0 0
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Hi, On March 8 my husband,daugther and I tried to travel from Lisbon (Portugal) to London without success, we bought the tickets online and the money (to make matters worse) was not returned, the airline, EasyJet. We prepared all the documents listed here (from marriage certificate translated and legalized in the embassy until birth certificate of my daughter who is Portuguese including a copy of the Border Force Operations Manual EEA Nationals & their Dependents ) as a lawyer recomended us , but they did not read them, was a harrowing experience see my daughter crying, screaming dad!, but he could not stay with us because it was imperative for him traveling to London, today I am still in Portugal and the biggest problem is that here the embassy is not attending visa issues,so I should travel to Madrid to do it, but it is so complicated since I live alone with my daugher here. In a few days I will try again through the English Channel by train, anyone knows how the system works there? 1 0 Rate This
EUmovement On July 26, 2011 at 17:10
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Travelling without a visa, especially by air, can be very difficult. Airlines do not know the rules. I assume your husband is non-EU EU citizen who is working in the UK. Best to travel with him, by train or on the car ferry. But better still to get a visa from Madrid before you travel it will make it a lot easier when travelling with a child also! 0 0 Rate This
Anonymous On June 20, 2012 at 06:28
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My dad was refused entry in the UK when he mentioned that he and I, a British citizen, would be going to Ireland to settle under the EEA family permit .we even have our tickets booked!. The UKBA keep telling me that he should apply for settlement from his home country but surely that is only relevant if he wanted to settle in the UK? Given that he was denied entry in the UK how can I ensure that we can both go to Ireland without him being denied entry there?? 0 0 Rate This
EU free movement On June 20, 2012 at 23:46
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Your dads rights under EU law, if any, do not apply for entry into the UK (since you are British). His entry to Ireland depends on whether he is covered by EU free movement law. Only dependent parents are covered. 1 0 Rate This
Anonymous On July 31, 2012 at 05:56
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I guess my query is very similar to all of those above. Im an Australian citizen and my husband is an Australian citizen but also holds an Estonian passport. From what i understand we are able to travel within Europe freely if we travel together and my husband travels on his Estonian passport? We want to stay in the Schengen for more than 90 days in 180 days will this be possible? 0 0 Rate This
EU free movement On August 1, 2012 at 08:03
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If your eu spouse wants to remain for more than 3 months in one country you may both be required to register. But as long as you travel together, you have a right to be with him. Be sure to travel with your marriage certificate as proof that you are a family member. The overall limit in Schengen is not relevant. 0 0 Rate This
Monica May On August 29, 2012 at 13:25
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I am the Non-EU spouse of a British Citizen. Prior to returning to the UK, we were living and working in Ireland for 11 years and I have permanent residency in Ireland based on our marriage. On return to the UK, we applied for a my residency card under EU law but was refused, saying that since my husband is British, he does not qualify as an EU national. We requested a reconsideration under the Surinder Singh ruling. Our case has been under review for the past year and my passport is still with 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 I manage to get my passport back. My residency in Ireland is still valid. What am I suppose to do???? 0 0 Rate This
Anonymous On September 16, 2012 at 09:15
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Has anyone gained entry to the UK showing only the passports and marriage certificate or been refused entry? 0 1 Rate This
EU free movement On September 20, 2012 at 11:40
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My partner and I both have EU passports and live in Australia. Our 2 children, aged 7yrs and 9yrs have Australian passports.We will be travelling to France in December and are hoping to be there for approx 6mths. As I understand it a visa is not required for stays up to 3 months. Can we apply for a long term visa for our children when in France? Do they need visas if they are travelling with us? We do not have family residence permits etc. We were in the process of arranging UK passports for them but have hit a snag as we are not married and therefore cannot provide a marriage certificate. Apparently one needs to apply in person in Sydney to organise visas and they are fully booked for the next 3 months so we cannot go down that route. Not sure what needs/can be done now. 0 0 Rate This
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The children require no visa to enter France. You should carry their birth certificates with you to prove, if ever needed, their family relationship to the EU citizen. What we you be doing in France? You can stay for as long as you want if you are working or are self sufficient. So can your kids. 0 0 Rate This
James Morgan On October 10, 2012 at 00:09
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I have recently got married to an albanian lady. We have been living in greece together for nearly three years now.(I am British) Work at the moment is very off and on at the moment and is normaly paid cash in hand (records are not easy to provide). Can you please tell me how much evidence and exactly what evidence is sufficient to send to the embassy with my application for her for family permitt,as the apllication form looks quite dawnting. Please note we did try and apply for fiancee visa for her this year, she passed english exams and everything. however they refused us because my job offer was not on headed paper!!!!!! Any information would be grate. 0 0 Rate This
EU free movement On October 10, 2012 at 07:26
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Have you worked officially and in a documented way for more than three months in Greece? Even part time is fine. If so you qualify for eu law for your family move to UK. 0 0 Rate This
James Morgan On October 10, 2012 at 11:56
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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
EU free movement On October 11, 2012 at 07:39
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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
eli On October 25, 2012 at 19:28
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i am an albanian citizen married to my english citizen husband from 2 years ( been together for 8years) ,i have been granted turist visas for england in the past and also last year a EEA Family Permit visa during 6 months.This year i got the italian residency card as family member of EEA citizen( marriage permit stay).My husband i I both live and work here in italy and we also have italian residency ID cards.We would like to visit our family in england by travelling by car and we were wondering that by presenting our passport and the italian residency card and without a visa they would let us go through. Could you give us an advice please thank you 0 0 Rate This
adiza On November 11, 2012 at 19:34
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I am an eea national who lives and works in the UK. I am married to a ghananian who lives in ghana. my husband and I are visiting France on holiday. can my husband travel with me to the UK after our visit without applying for a family permit since I am travelling with him and then apply for residence permit in UK. we intend to travel by train ( my husband currently holds a schengen visit visa). if this is possible, what documents do we need to travel with. 0 0 Rate This
babyonatour On January 1, 2013 at 08:36
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Important update on UK Border Agency procedures in case of absence of EEA Family Permit in passports of VISA NATIONALS entering the UK with their EEA spouse. 1.
While NON-VISA nationals receive a 6 months code 1A stamp at the border, VISA NATIONALS receive a TWO MONTH, CODE 1 stamp at the border. Border Agency officials will refuse to place a SIX MONTH stamp in a VISA NATIONALS passport. The new guidance says that a TWO MONTH stamp is sufficient to allow entry of non-EEA, VISA NATIONAL in order to facilitate further application of this person for a residence card. I have entered with my wife 2 days ago via Heathrow. Procedure is simple and straightforward. 2. UK Border agency now maintains a 24/7 telephone line for transport carriers to verify entry eligibility of those passengers who do not hold straight-forward visas and family permits. All airlines have the number that they must contact. UKBA will review documents faxed to them by the airline and direct airline to allow boarding in case 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 Carrier Liaison team. This team is there for this specific reason. 7 1 Rate This
Lara Costa On February 5, 2013 at 21:30
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Hi, I am a Visa National residing in the UK with my EEA National husband. We have been 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 able to travel to Portugal and importantly, get back into England without an EEA Family Permit or Visa and just our marriage certificate and passports. We can also take along the COA and some bills from here. Just checking (you know, fresh pair of eyes on a situation Sounds ok? Dont want to be stuck in Portugal with my kids stuck in the UK. Thank you 0 1 Rate This
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Are you driving? Also how long have you been waiting for a Residence Card? 0 0 Rate This
Lara Costa On February 6, 2013 at 09:07
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No, we are hoping to fly. I think it is cheaper? We have been waiting just over 6 months, so legally, I believe, they are at fault. 0 0 Rate This
Mendes On February 7, 2013 at 01:37
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It is a very risk move to be honest, without a residence card you might get stuck. What nationality are you? 0 0 Rate This
claire On April 13, 2013 at 22:04
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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 an eea family permit they can not refuse the visa for the previous ban so if i turned up at Calais with all the paper work is there a chance i would be able to get a 1A stamp if we have our 3 children with us? 0 0 Rate This
EU free movement On April 14, 2013 at 10:48
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Have you been working in Cyprus? If so your husband should not have been refused. 0 0 Rate This
Mendes De Castro On April 16, 2013 at 17:18
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Its illegal and they shouldnt have denied him entry clearance and you should have appealed if you havent done it yet. 0 0 Rate This
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I am a dutch national with a Philipina wife who has a 5 year staying permit for the Netherlands. I entered the UK by car through the Channel Tunnel without a visa. After some questions we had to show our proof of relationship (international mariage certifciate) and my wife had to fill in a short form. After that a single entry visa was issued. All in all it took us 15 minutes. We were told however that this was not the proper procedure and next time we should apply for a free EEA family visa 0 0 Rate This
Zeshan On August 25, 2013 at 17:30
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Im a Belgian National married with a Pakistani girl since 4 years. We both are living in Pakistan as Im on a contract for a international company here in the country. I have applied twice for a visa for my wife both for schengen and they have alaways refused to give as they dont have enough evidence that my wife will go back in her origin country. I have a marriage certificate certified and legalised by the national authority and the Belgian Embassy. Im tired to run after Embassys. Do you think that 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? 0 0 Rate This
Calais On October 14, 2013 at 07:34
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Hi All, I am a non EU citizen living in Czech Republic. One month ago I wanted to visit my 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 to travel to the UK only with our passports and a marriage certificate. We bought flight tickets Strasbourg London on Rynair. And, as many wrote here, we also experienced the same. I could not board. But it was not the air company, which did not allow me. Actually, they asked me to consult with the police in the Strasbourg airport about my case. The police was very nice and tried to help us. They contacted their British colleagues by phone, but the British police told them literally that I would not be able to get a stamp on the border, in fact they do not issue it anymore, 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 Euro each) and tried to get on Ferry boat. There, the border police was very nice and within 10 mins gave me a six month stamp. Before doing that he consulted with somebody on the phone. Now, I have a question: While the French Police in Strasbourg tried to help us, they gave me a written confirmation that, I was present together with my wife with passports and a marriage certificate and according to the EU Directive I sought to board on the plane. Then they contacted the British Police (they also mention when and on which number they called), who did not allow me to travel to the UK without a visa, that the British Police even told them they do not issue such a stamp on the border. So, I have this paper from the police and they told us also if we decide to sue, they will be more than happy to support us. I also have answers by email from the UK embassy in the Czech Republic saying that 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 to incorporate this EU directive in the UK consulates and second to get refunded for all extra 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 really want 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. Just one thing, I printed out all papers on EU regulations, but nobody even looked at it 0 0 Rate This
issabella On November 17, 2013 at 18:04
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Ryanair didnt let me and my child board the plane, they were two employees I was explaining our situations to, a guy and a girl, the girl just went on saying no no no and wont listen,but the guy listened, read the documents I printed out from the ukba websites,later he tried to call some number but couldnt get through.then he called the liason office at stansted which was suppose to be our destination.the boarder person told him not to let me nor my child board infact he asked and took our passport details.why he took our passport details I dont know. what I dont get in all of his is why do they write these laws all over their websites
and yet dont 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 and gotten rejected I dont 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 or citizenship. its two years now I cannot get a job.unemployment in Italy worsens by the day.my child lives badly. Her dad lives in London and dont even care if she exist,he is so free from paying child support thanks to the UK Boarder Agency. 0 0 Rate This
Mendes On February 7, 2013 at 01:34
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First of all it depends on what Passaport you have? Otherwise you will have to have a EU Resodence card issued in the UK!If not I am afradi you cannot surprise her with the trip. 1 1 Rate This
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