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a non-EEA spouse - troubles getting to uk

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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espiritocz
Newly Registered
Posts: 3
Joined: Wed Feb 20, 2019 10:43 pm
Czech Republic

a non-EEA spouse - troubles getting to uk

Post by espiritocz » Thu Feb 21, 2019 10:17 am

Hi,

we went through a long painful journey with no outcomes. Hope you may help as advising..

I am EEA national of Czech Republic. My wife is Russian. She has a permanent residence card of a family member of EEA national (me), issued in the Czech Republic. Before she had 'just' (temporary?) residence card (that is not valid as Article 10 because it was issued in CZ).

I can understand that jet2 didn't allow her to board with the previous document, though there are statements found e.g. in http://www.legislation.gov.uk/uksi/2016 ... on/11/made that she should be allowed to UK once she reaches the borders. We have certified translation of our marriage and other documents about my job in UK etc., still jet2 didn't allow us boarding the plane from CZ to UK.

We applied for Family Permit then, waited several weeks, only to get a refusal since the operator didn't believe I am Czech national. Indeed I have seen nowhere any condition that we should include also some... photocopy of my own passport or so... My ID number was stated in the application, together with other information, but it wasn't enough.

Now we are considering to simply go on her new permanent residence card, hoping it is Article 20 card - but it is unclear. Most of information on web is about Article 10. I read https://www.gov.uk/government/publicati ... dence-card - it is not clear if article 20 card should be also issued in non-my country. Directly in the https://eur-lex.europa.eu/LexUriServ/Le ... 123:en:PDF I see the explanation in Article 10 that makes me admit that Article 10 card should be issued by non-my country but Article 20 just states that 'a permanent card for non-eu family members should be issued to them'.

the gov.uk 'do you need visa' states only Article 10 card condition (that we don't have) and not Article 20 at all. Some older document I found here https://blogs.kent.ac.uk/eu-rights-clin ... -final.pdf makes me understand that perhaps Article 20 should also be issues by non-my country which we don't have.

In any case, seeing http://www.legislation.gov.uk/uksi/2016 ... on/11/made 11(2), it seems that we should be allowed even without Family Permit.

However I do not get clear confirmation (cannot reach embassy by phone, an airplane company say I should get statement from embassy, gov.uk call operator do not know, immigration advisor would help me if I pay him 350 GBP).

Does anyone know here? Any recommendations? What if we will reach UK by car, or perhaps if we fly through Ireland? Or simply another company, perhaps Ryanair? I am waiting for the possibility of having my wife with me since October (we had to wait for new passport etc.). So I am not very happy to resend the Family Permit application, including certified translation of copy of my passport etc. since I already do not trust that it will not get refused for yet another reason, anyway meaning waiting another month.

Thank you.....

Kind regards,

Milan L.

kamoe
Respected Guru
Posts: 2238
Joined: Mon Sep 07, 2015 10:57 am

Re: a non-EEA spouse - troubles getting to uk

Post by kamoe » Thu Feb 21, 2019 11:29 am

espiritocz wrote:
Thu Feb 21, 2019 10:17 am
We applied for Family Permit then, waited several weeks, only to get a refusal since the operator didn't believe I am Czech national. Indeed I have seen nowhere any condition that we should include also some... photocopy of my own passport or so... My ID number was stated in the application, together with other information, but it wasn't enough.
The straightforward answer to your question, and the right thing to do, is apply for the family permit, this time providing all the necessary documentation, which is clearly stated as: https://www.gov.uk/family-permit/docume ... st-provide
Documents you must provide
You must provide:

a valid passport
evidence of your relationship to your EEA family member, for example a marriage certificate, civil partnership certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried
your family member’s valid passport or national identity card (or a certified copy if you cannot provide the original)
proof of your dependency if you’re dependent on your EEA family member
I struggle to understand why think it is not necessary to supply at least a certified copy of your passport. That's probably the most important piece of documentation you need. Also note that, ideally, you need to supply an original, certified copies are only accepted when you state an acceptable reason not to supply the original.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

espiritocz
Newly Registered
Posts: 3
Joined: Wed Feb 20, 2019 10:43 pm
Czech Republic

Re: a non-EEA spouse - troubles getting to uk

Post by espiritocz » Thu Feb 21, 2019 11:25 pm

well, yes.
I actually found this page some hour after I post this message. So indeed, that was our failure in finding proper information. That it is 'obvious and logical' - yes, when you look behind, everything seems clear. That's a rule J Thank you for your note about the 'explanation why I give only certified copy'. I can foresee that I would send only the (certified) copy and it would be again reason for refusal.

You know, since the form is ridiculously full of fund-related questions, I am afraid that we can again get the same result, i.e. waiting another month, and then get second refusal because there are probably some calculation tables that are to make the entry just harder (is it so weird that I want my wife to accompany me in UK??)

my question is mainly related to the other (no Family Permit) option, that is:
11(2) in http://www.legislation.gov.uk/uksi/2016 ... on/11/made:
A person who is not an EEA national must be admitted to the United Kingdom if that person is—
(a)a family member of an EEA national and produces on arrival a valid passport and qualifying EEA State residence card, provided the conditions in regulation 23(4) (family member of EEA national must accompany or join EEA national with right to reside) are met;

So - if this is clearly stated here (and I will of course accompany my wife), why we got refused to board an airplane (jet2)?? Why we should even struggle further, waiting nervously for refusal or admittance (is it such great win really?) when anyway this official document states in 11(2) that my wife should be admitted to UK?

As I see it, we should really just.. take car..
(airport companies recommend contacting embassy. I did it and got only links to either website where it is not clear or to solicitors that.. anyway are not embassy.. great)

no recommendations/experience in those matters?

thank you

secret.simon
Moderator
Posts: 9412
Joined: Thu Feb 21, 2013 9:29 pm

Re: a non-EEA spouse - troubles getting to uk

Post by secret.simon » Fri Feb 22, 2019 7:41 am

If you can get to the border, by for instance, traveling by train or road transport, you can interact directly with the Border Force officials. You can try the Brussels or Paris Eurostar terminals or the Calais port, all of which have UK Border Force officials.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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