twom

I am British and have lived with my Bolivian wife in Spain since 2010. In 2011 she applied for the EEA Family Permit because we wanted to visit the UK for 2 weeks, but we didn’t understand the process, and so didn’t include any relevant evidence (we naively thought it was just a formality), and the application was turned down. Since then we haven’t tried to go to the UK again.

This year we want to travel to the UK for a month’s holiday to visit my family. According to advice from other forums there could be a chance that my wife could now enter the UK simply using her article 20 residence permit. But the paragraph often quoted from the UK gov website refers to spouses of EEA nationals, not specifically to spouses of British nationals. (SEE QUOTE BELOW – refers to article 10, but same applies to article 20.)

I was wondering if anyone here knows for certain whether non-EEA nationals of British spouses who have lived abroad with their spouses are now allowed by border staff to enter the UK simply using their article 20 residence card, without a visa, when they are accompanying their spouses?



‘If you are a non-EEA national who holds a valid genuine residence card, issued to you as the family member of an EEA national who is exercising free movement rights in another EEA State (i.e. not your EEA relative’s Member State of nationality) under Article 10 of Directive 2004/38/EC (the ‘Free Movement Directive’), you may use this document for travel to the UK if you are accompanying your EEA national relative here, or joining your EEA national relative in the UK.’

az2014

Why not make things easier and apply for the permit with the correct documents?

twom

It’d be great if it was easier to apply for the Family Permit than simply going there with the residence card she already has, because I think our situation – working and living together here in Spain, with a child born here – means we are definitely entitled to the Family Permit.

The problem is that, as far as I understand from what I have read on forums and on the uk gov website, you need to supply a considerable amount of evidence – and all of it officially translated – in order to get the Family Permit. We would need to be able to prove that we have, for example, co-habited here in Spain since 2011, giving rental contracts and utility bills etc., all translated. Plus work contracts from both of us over that period, all translated. We have the documents, but the cost of having so many documents officially translated from Spanish to English would be enormous (the website we used to translate our daughter’s birth certificate from Spanish to English to get her UK passport quotes 50 pounds a page). I can understand why people who want to use the family permit to eventually settle in the UK would be prepared to pay a substantial amount, but all we want to do is to go on holiday and then return to our home in Spain.

So in answer to your question, ‘why not make things easier…?’, as far as I understand, it’s far from easy to get the Family Permit. But maybe I’ve got this wrong. Maybe there isn’t so much evidence required. Do you have any experience of applying for the Family Permit, or anything else related to this? Would love to hear about it!

SanDiegogirl

An interesting question as the 'right' to use Article 10 and 20 residents cards has always referred to non EU nationals married to EU nationals and not to Brits.

https://www.gov.uk/government/public...residence-card

As you are a Brit returning with your non EU wife you could apply for the EU Family permit under the Surindher Singh route.

I would draw you attention to paragraph 2 of the above website:

However, in order to be admitted to the UK you will need to demonstrate that you have a right of admission under EU law. Without evidence that you have a right of admission, you will not be allowed to enter to the UK on the basis of your residence card.

This means that even if you are the non EU spouse of an EU National, with an Article 10/20 card you do not get automatic entry to the UK. You still have to show that you qualify to do so, by showing documentary proof of your qualification.

Hence the majority of people entering the UK with non EU spouses obtain the Family permit as this proves that they have been checked out as qualified.

As you are a Brit, and the Article 10/20 resident card situation does not exactly relate to you, AND in order to ensure entry to the UK you still have to provide documentation proof, personally I would undertake going through the process of obtaining such documentation AND obtaining the Family permit prior to my journey.

twom

Thanks SanDiegoGirl! Good information, and makes sense. What I was also really hoping for was someone with direct experience of this who could tell me what happened when they tried to exercise their freedom of movement rights at the UK border.

BritInParis

Since the McCarthy ruling your wife is not required to obtain an EEA Family Permit but you can expect a battle at the UK border even if your wife is permitted to board her flight by the airline. Your wife should seriously consider naturalising as a Spanish citizen.

scot47

I have heard that citizens of South American countries have easier access to Spanish citizenship through naturalisation.

twom

Thanks BritinParis - we had the same thought, and she is starting the naturalisation process right now... but it's a long process these days with a good few years wait till you get a result. But, like you say, the surest thing in the end. Hopefully you're right about that scot47!

charlyj

Just to speak of my experience in case it helps anyone,

I'm a British citizen who's now been expat for around 18 years ,the last five of which residing in Germany. My wife's a Philippines national with German issued Article 20 residency card.

We've travelled back to UK about 5-6 times without applying for VISA or EEA family permit , basically just turning up at airport , euro tunnel or ferry port and her being permitted travel and subsiquent entry to UK with just the production of her Philippine issued passport & German issued residency card. We've travelled various routes , euro tunnel , Stutgard>Bristol airport , Dunkirk>Dover ferry and have never had any issue. Only noticible difference is that rather than being waved straight through passport control as an EU or UK passport holder, it takes a few minutes longer as they ask a few questions on purpose of visit ect and make some data entry/recoding of details.

We've always carry our marrage certificate with us just in case proof of relationship is needed but have never yet been asked for it.

twom

This is so helpful charlyj. That was exactly the kind of information I was looking for when I wrote my original post a few months ago. Really good to know that it's possible. Based on your experience, we are going to try to go the UK next month. Thanks so much!

charlyj

No problem , happy to share.

I would also recommend to print off the page from the GOV.UK page regarding entry for holders of article 10/20 residency cards and carry it with you , could be useful in case you have to deal with someone who is not fully aware of current UK entry requirements , like check-in counter or something.

My last trip back was Feb 2018 via Dunkirk to Dover on DFDS Seaways and had no issues either side , so would think you should have little to worry about and trouble free trip.

Safe travels

twom

Ok, that's good to know - thanks again!

Houdita1221

BritInParis

Border staff are more familiar with this rule now so you shouldn’t have a problem.