Visiting the UK with temporary stamp 4

Hi
i have temp stamp myself and wanted to visit uk on Christmas but don't know if me and my British partner can travel UK on temp stamp or need visit visa for travel UK.
would be great if someone guide us

SAtoIE wrote:Where are you from? Some nationals do not require a visa to visit the UK but my partner is South African and she definitely does.

I'm non-EEA national so i think i required as well but not sure about it my wife she is British born some people say i can travel some say i need visit visa can't decide which one to believe

To avoid confusion & jumbled responses with other member's topic, I have moved your question to its own thread (this one).

nawab185 wrote:

SAtoIE wrote:Where are you from? Some nationals do not require a visa to visit the UK but my partner is South African and she definitely does.

I'm non-EEA national so i think i required as well but not sure about it my wife she is British born some people say i can travel some say i need visit visa can't decide which one to believe

You need a visit visa unless spouse is an EEA national.
British ciizens don't count as EEA unless they have undertaken Surinder Singh route outside UK - and have the necessary supporting documentary proof.

I'm on temp stamp 4 atm
can my wife use Surinder Singh route outside UK now or i would have to wait for EUSTAMP 5 years ?

nawab185 wrote:I'm on temp stamp 4 atm
can my wife use Surinder Singh route outside UK now or i would have to wait for EUSTAMP 5 years ?

Depends how long you have been established in Eire and whether you are fulfilling conditions for successful SS.
You can try applying for a FP, after all its free.
If it fails shoot for a visit visa.

me and my wife moved here April 2016 .
and whats the procedure for FP AND what documents we required for SS.?
THANKS

For ease of travel, if you are travelling from Dublin Airport I would recommend you apply for an FP even if you get the EUFAM card because it appears the Airline staff even the senior ones do not know the law. Temp Stamp4 on its own will not help you.

My wife was intially denied boarding but we were eventually allowed to board when I stood my ground and demonstrated to the guy at the boarding gate that EUFAM (Article 10) residence card would exempt my wife from requiring an FP.

I understand this question in the light of MRAX

... a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148.

Above, there is no mention of having to fulfill the requirements of Singh for a spouse to have a right of entry into one's own member state.

This right of entry, at least in the light of the above judgement would not be affected by one' s intention to visit or reside.

It is only the UK EEA Regs that implement this judgement in the framework of having to be an 'EEA natiional', hence having to fulfill the requirements of Singh to have a right of entry from the viewpoint of these regulations rather than the viewpoint of MRAX

But what are the agreed criteria for fulfilling the basic requirements of Singh since UKVI guidance notes state that the UK citizen does not necessarily have to be a 'qualified person' on arrival? - i.e. perhaps they are having a short visit with their non-EU spouse before returning to the host State.

What is the criteria for fulfilling the requirements of Singh at a port of entry? Is it 3 months residence under article 6 of the directive, or 3 months under article 7? Does anyone really have a clear answer on this?

MM

manicminer wrote:I understand this question in the light of MRAX

...

What is the criteria for fulfilling the requirements of Singh at a port of entry? Is it 3 months residence under article 6 of the directive, or 3 months under article 7? Does anyone really have a clear answer on this?

MM

A returning UK national does not have to be a qualified person at all in UK (as per Eind).
But they would have to prove they were a proxy EEA national in first place - so, if entering UK, they would have to carry all their SS (and centre of life) evidence with them.

nawab185 wrote:me and my wife moved here April 2016 .
and whats the procedure for FP AND what documents we required for SS.?
THANKS

Hi.
You need to apply visit visa to travel to UK or anywhere in
Europ. You cant travel to any EU country with temporary stamp without visa. If you granded with EUfam/Stam4 than you have right to travel with your partner.
I had the same issue 6 months ago.