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Hello everyone,

i am starting a new topic on the subject of crossing from Spain into Gibraltar with an EEA Family Residence Card as per article 10 of Directive 2004/38/EC.

For example if an EU citizen and a non-EEA family member holding a Spanish or schengen Residence Card of a Family member as per article 10 without a UK visa or Family Permit want to cross over from Malaga to Gibraltar what are they to expect?

Is the immigration staff friendly? Do they know the Directive?


Please share your personal experiences and comments.

Thank you!

Hi docteurbenway,

my wife, travelling with me, entered Gibraltar with an Article 10 card, twice.

First entry was walking. I flashed my "normal" >>Belgian ID<<, while my wife flashed her >>F-Card<< (which looks pretty similar). The IO just glanced from a distance and couldn´t really be bothered to check.

Later we wanted to drive to the Southern Tip of Gibraltar. To do that we had to pick up the car which was still parked in Spain.

Walking from GIB to Spain was no problem, just waved through as on entry into GIB.

With the car we were "really" checked. The IO took our IDs, and he actually realised the difference between "ID" and "F-Card". He said "OH - I´m sorry, I can´t let you enter like this...". After a short discussion he suddenly changed his mind and said "you can go, but it´s an exception"...

...I was about to show him our camera with pics from inside GIB that we took earlier on that day.

Summary: It´s not thoroughly checked. If you are checked, explaining that you´re "just" a day-tourist may do the trick. If this still doesn´t work, I´d start the "treaty-rights" talk asking for superiors etc...

ca.funke wrote: Summary: It´s not thoroughly checked. If you are checked, explaining that you´re "just" a day-tourist may do the trick. If this still doesn´t work, I´d start the "treaty-rights" talk asking for superiors etc...

Thanks so much for sharing, actually this topic is in response to one of your post somewhere.

Yeah i can see that with the Belgian card it is a bit easier, but if you flash a Spanish or a Germany card, which has the "standard" schengen design i think a treaty rights discussion is unavoidable.

Thats why i am trying to understand how easy or hard the process can be.

Cheers

The UK is responsible for Gibraltar as far as the EU is concerned.

However, Gibraltar transposes directives itself according to its own procedures. They have a very similar problem with transposition as the UK and appear to only accept residence cards issued by Gibraltar.

What's different? Well Gibraltar can be entered by the land border so getting to a border is less of an issue.

"“residence card” means a card issued under section 55P"

http://www.gibraltarlaws.gov.gi/articles/2008-12.pdf

While this press release relates to a different topic, it shows how Gibraltar is viewed for EU purposes.

"The United Kingdom has not yet transposed the Directive's provisions with regard to Gibraltar, which means that the Directive's measures do not cover its full territory."

http://europa.eu/rapid/pressReleasesAct ... anguage=en

EUsmileWEallsmile wrote:The UK is responsible for Gibraltar as far as the EU is concerned.

However, Gibraltar transposes directives itself according to its own procedures. They have a very similar problem with transposition as the UK and appear to only accept residence cards issued by Gibraltar.

What's different? Well Gibraltar can be entered by the land border so getting to a border is less of an issue.

Here is a funny question, can you enter the UK with a Residence Card issued by Gibraltar under Article 10?

Would be funny if you couldnt

Might be funny, but what about entering Gibraltar with a UK issued residence card?

http://www.gibraltar.gov.uk/visa.php

...i knew it

"non-EU nationals who reside in the UK and hold residence permits with a specified validity are required to obtain a visa in order to visit Gibraltar"

Makes a lot of sense as always.

Whenever you are doing something you are unsure about, or which is not explicitly blessed, it is worth keeping, hidden away in your pocket a plan B

Directive/2004/38/EC wrote:Whenever you are doing something you are unsure about, or which is not explicitly blessed, it is worth keeping, hidden away in your pocket a plan B

As far as i am concerned the plan B option is not a plan B at all, it is a plan A and the only plan and it is our duty to fight for our lawful rights and force people that try to violate them to respect the law.

Plan B can often be very stressful, especially to the non-EU spouse. It does not make for a relaxing start to a nice vacation.

It is best to do to test out plan B or if you have no other option.

docteurbenway wrote:
"non-EU nationals who reside in the UK and hold residence permits with a specified validity are required to obtain a visa in order to visit Gibraltar"

The Gibraltar regulations have a similar problem to the UK ones in that they define a residence card as being one that is issued under the Gib regulations.

Notwithstanding that it is contrary to article 5, for holders of UK issued residence cards it is also contrary to article 22 (territorial scope).

docteurbenway wrote:Hello everyone,

i am starting a new topic on the subject of crossing from Spain into Gibraltar with an EEA Family Residence Card as per article 10 of Directive 2004/38/EC.

For example if an EU citizen and a non-EEA family member holding a Spanish or schengen Residence Card of a Family member as per article 10 without a UK visa or Family Permit want to cross over from Malaga to Gibraltar what are they to expect?

Is the immigration staff friendly? Do they know the Directive?


Please share your personal experiences and comments.

Thank you!

So, my simple question is this:

Could I, as a RC holder in the UK, enter a Schengen Country for just a holiday? Or Would I need to apply for an specific visa?

jrge wrote: So, my simple question is this:

Could I, as a RC holder in the UK, enter a Schengen Country for just a holiday? Or Would I need to apply for an specific visa?

We're going off topic now...

This has been asked loads of times elsewhere. You could look here for example. http://www.immigrationboards.com/viewtopic.php?t=27612 or here http://www.immigrationboards.com/viewtopic.php?t=98029

Short answer is yes, if accompanying spouse.

Of course if you are not a visa national in the first instance then you may get in without residence card or spouse.

EUsmileWEallsmile wrote:

jrge wrote: So, my simple question is this:

Could I, as a RC holder in the UK, enter a Schengen Country for just a holiday? Or Would I need to apply for an specific visa?

We're going off topic now...

This has been asked loads of times elsewhere. You could look here for example. http://www.immigrationboards.com/viewtopic.php?t=27612 or here http://www.immigrationboards.com/viewtopic.php?t=98029

Short answer is yes, if accompanying spouse.

Of course if you are not a visa national in the first instance then you may get in without residence card or spouse.

Thank you!

Didn't try to steer off topic.

jrge wrote:
Didn't try to steer off topic.

Sorry I wasn't having a go. It is possible to search items by heading so if it's got Gibraltar on it, then you can search under Gibraltar.

like this

http://www.immigrationboards.com/search ... de=results