Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Where can you travel to on FLR without an additional visa?

This is an area for the discussion of matters related to issues about moving from one country to another. Examples could be about money transfer, moving and packing, validity of driving licence, etc..

It is not a general non-immigration, free-for-all area.

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

Post Reply
matt1020
Newbie
Posts: 37
Joined: Tue Mar 10, 2015 7:52 pm
Mood:

Where can you travel to on FLR without an additional visa?

Post by matt1020 » Tue Jun 18, 2019 8:35 am

Sorry if I’ve posted this in the wrong area of the forum – it’s a bit of a random question.
My non-EU spouse is currently on FLR, and we were wondering where we could go for a short break (outside of England, Scotland & Wales) without having to go through the rigmarole of getting a Visa.

I’m pretty sure we can travel to North Ireland without needing a visa because this is still part of the United Kingdom. However, how about travel to the Channel Islands (Jersey/Guernsey), Isle of Man, or Gibraltar? My searches so far keep bringing back the wrong information, so any clarification would be greatly appreciated.

Many thanks in advance.

secret.simon
Moderator
Posts: 7245
Joined: Thu Feb 21, 2013 9:29 pm

Re: Where can you travel to on FLR without an additional visa?

Post by secret.simon » Wed Jun 19, 2019 8:15 am

If you are travelling from the UK, there are only identity checks at the Isle of Man (and I believe the Channel Islands, but not sure). Also see this thread.

Gibraltar needs a separate visa, which I was surprised to find.

If you are a British citizen, then, in theory, while the UK is a part of the EU, your wife can travel without a visa to any other part of the EU if she is accompanied by you. The problem typically arises because airline staff are not aware of the nuances of EU law and will likely refuse you permission to board.

You could try travelling by Eurostar (which has juxtaposed border controls) and interact directly with the French PAF (Police Aux Frontier) at St Pancras station. They should give your spouse a stamped entry into the Schengen zone based on your marriage certificate. Of course, note that you must be a British citizen and be travelling with your non-EEA spouse for that to work.
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.

matt1020
Newbie
Posts: 37
Joined: Tue Mar 10, 2015 7:52 pm
Mood:

Re: Where can you travel to on FLR without an additional visa?

Post by matt1020 » Wed Jun 19, 2019 1:24 pm

secret.simon wrote:
Wed Jun 19, 2019 8:15 am
If you are a British citizen, then, in theory, while the UK is a part of the EU, your wife can travel without a visa to any other part of the EU if she is accompanied by you. The problem typically arises because airline staff are not aware of the nuances of EU law and will likely refuse you permission to board.
Many thanks for your reply, although I don't think what you have stated is correct. It's my understanding that my wife cannot travel to the EU without a visa, even if accompanied by me (a British citizen), until she has obtained ILR and holds a Residence Permit. Currently she only has FLR. A couple of years ago we found this out the hard way when we were kicked off a flight from Manchester to Rome, after they found my wife didn't have a Schengen visa. I argued the case based on what you stated, and the staff of this particular airline were suddenly not as easy-going! Fortunately I was able to cancel the accommodation but £300 still went down the drain, so lesson learnt. :roll:

Jersey seems quite expensive so I think we'll head over to Northern Ireland because no visa is required, and there is plenty to see and do there. Looking forward to November when she can apply for ILR and we can put all this nonsense behind us!

User avatar
CR001
Moderator
Posts: 66362
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Where can you travel to on FLR without an additional visa?

Post by CR001 » Wed Jun 19, 2019 1:26 pm

She will still need a Schengen visa if she holds ILR.

Once she has ILR though, she can apply immediately for British citizenship.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

matt1020
Newbie
Posts: 37
Joined: Tue Mar 10, 2015 7:52 pm
Mood:

Re: Where can you travel to on FLR without an additional visa?

Post by matt1020 » Wed Jun 19, 2019 1:54 pm

CR001 wrote:
Wed Jun 19, 2019 1:26 pm
She will still need a Schengen visa if she holds ILR.
This is what is stated at on the European Union website at;

https://europa.eu/youreurope/citizens/t ... dex_en.htm

Visa exemptions
Your non-EU spouse, (grand) children or (grand) parents do not need to get a visa from the country they are travelling to if:

They have a residence card as an EU family member, issued under EU rules by any EU country (except the country you are a national of), and they are travelling together with you or travelling to join you in another EU country. The residence card should clearly state that the holder is a family member of an EU national.


I assumed that a Residence Permit is issued to a non-EU spouse once ILR was obtained, in which case she wouldn't need a Schengen visa. Personally I won't be putting it to the test - our next trip to Europe will be after she has her British passport!

User avatar
CR001
Moderator
Posts: 66362
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Where can you travel to on FLR without an additional visa?

Post by CR001 » Wed Jun 19, 2019 1:59 pm

But your spouse does not hold a EEA Residence Card as an EU Family Member and won't hold PR through the EEA regulations. The bit you refer to is relevant to non British EU citizens whose family members are on the EEA rules route.

A residence permit in this sense is PR or settled status under the EEA regs or Appendix EU and not ILR under the UK Immigration Rules Appendix FM.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

matt1020
Newbie
Posts: 37
Joined: Tue Mar 10, 2015 7:52 pm
Mood:

Re: Where can you travel to on FLR without an additional visa?

Post by matt1020 » Wed Jun 19, 2019 2:11 pm

CR001 wrote:
Wed Jun 19, 2019 1:59 pm
A residence permit in this sense is PR or settled status under the EEA regs or Appendix EU and not ILR under the UK Immigration Rules Appendix FM.
I see. I wasn't aware that there was a difference between the two systems in terms of entitlement to free movement, but clearly there is. Many thanks for clarification.

Post Reply
cron