Refused to board with Uk Permanent Residence Card

National Morocco (MA) /Residence United Kingdom (GB)
Destination Poland (PL)

Visa required, except for A max. stay of 90 days
for family members of a national of an EEA
Member State or Switzerland, holding a Family
Member" Residence Card issued by the United Kingdom
or
holding a passport containing an "Indefinite Leave to Remain in the
UK" or "Limited Leave to Remain in the UK".

Timaticweb Version 1.3
17 April 2015

The same visa exemption must be extended also to those third country family members who
hold a valid permanent residence card issued under Article 20 of the Directive (replacing the
5-year residence card issued under article 10 of the Directive).

Donutz wrote:You may wish to contact Solvit.

acme4242 wrote:First a question, is the passport stamped with "Indefinite Leave to Remain in the UK" ?

Thank you for your enquiry to the Your Europe Advice service.
This is an interesting and unfortunate case. It is unfortunate that the provision in Directive 2004/38/EC which allows a non-EU family member of an EU citizen to rely on his residence card to enter another Member State in lieu of a visa, confines itself to the initial residence card rather than also including permanent residence cards. Nonetheless, you are correct. It appears contradictory that you cannot rely on your permanent residence card while being allowed to rely on the initial residence card in lieu of a visa to enter another Member State. Recital 8 to the Directive is less restrictive and appears to anticipate that permanent residence cards may be used in lieu of visas when entering another Member State provided certain conditions are met. Unfortunately, there has not been any case-law from the Court of Justice of the EU to resolve this issue.
Pending some further clarification of this matter, for the future, you are recommended to apply for a visa for your husband if travelling to another Member State of the EU. If he will be travelling with or to join you, his visa should be granted to him without delay or charge or formality (Article 5, Directive 2004/38/EC).

I trust that this information is of assistance to you. Should you have any further queries in relation to your rights in the EU, please do not hesitate to revert to the Your Europe Advice service.
Yours sincerely,
Your Europe Advice

The same visa exemption must be extended also to those third country family members who
hold a valid permanent residence card issued under Article 20 of the Directive (replacing the
5-year residence card issued under article 10 of the Directive).

Dear ,

Thank you for your patience while I have been completing further investigation.

I'm sorry I think there has been confusion over the case, we have undergone further investigation and understand the refusal was due to us not being able to associate Mr (husband) with your family residency visa. It is advised that passengers travel with a documents such as a Marriage Certificate to prove relations.

We have the right to refuse travel in this instance, as we do with any passenger if we believe their documents aren’t valid for entry into the country they are travelling to (or through). Their was the possibility you could have been refused entry by Polish border control on arrival. easyJet are obligated to carry out all necessary checks to ensure the passengers we carry will be allowed entry into the country they are travelling to; failure to do so, and subsequent refusal of entry carries significant penalties imposed upon the airline.

In some instances our airport staff are required to carry out extra passport checks to ensure correct documentation is available to travel. As stated in our Terms & Conditions "we reserve the right to refuse carriage to any passenger we reasonably believe has not complied with, or whose documents do not comply with, such applicable laws, regulations, orders, demands or requirements."

I completely understand the frustration caused during this case, however, we will not be able to offer any further refund.

fezghoula wrote: What do you guys think? Is there any point taking it any further?
Or shall we just drop it as we won't achieve anything and just keep wasting our time?

acme4242 wrote:

fezghoula wrote:

b)if yes, remind them that under actual immigration applicable laws and regulations you cannot be refuse entry without allowing time to have such documents brought.