Non EEA infant denied boarding
Posted: Wed Jul 23, 2014 8:03 am
My husband is an EEA national and has a residence card for the UK. I am a non EEA national (South African) and also hold a residence permit for the UK. We have been UK residents for 4 years. In April 2014, our first child was born and we travelled in June to visit family in South Africa.
My daughter was travelling on a temporary South African passport. Prior to leaving the UK I contacted the border agency to explain that there was insufficient time to apply for a residence card for her and that I was aware that SA temporary passports were not valid for travel to the UK. I was informed that as long as we could evidence that she is our daughter we would not be denied entry to the UK.
Upon leaving SA, SWISS AIR refused to allow our daughter to board as she did not have a visa. I clearly argued the point and quoted the relevant EU freedom of movement directive. They contacted the British Consulates Airline Liaison Officer and then asserted they would not allow her to board as they would be liable for a fine when denied entry to the UK.
My husband had to return to the UK (via Zurich) on his own leaving his distraught wife and infant at the airport. I contacted the border agency in the UK and they have stated that she would not have been denied entry to the UK. My husband also spoke to border control when he entered the UK and they also said if we had her UK birth certificate that she would not have been denied entry.
In discussions with the British Consular official who advised SWISS air, he is insistent that she cannot travel on a SA temporary passport and now I'm trying to get hold of her full SA passport and then I have to apply for a EEA family permit which could take 3 weeks. I tried reasoning with the Consular official and printed out the directive. He tried to tell me it was the South African immigration officials who would not allow me to leaves however they never even checked my husbands documents when he left SA.
My feeling is that in the end SWISS air is liable (irrespective of the advice they received). My family has been split apart and I am sure this is a breach of our human rights and right of free movement.
My daughter was travelling on a temporary South African passport. Prior to leaving the UK I contacted the border agency to explain that there was insufficient time to apply for a residence card for her and that I was aware that SA temporary passports were not valid for travel to the UK. I was informed that as long as we could evidence that she is our daughter we would not be denied entry to the UK.
Upon leaving SA, SWISS AIR refused to allow our daughter to board as she did not have a visa. I clearly argued the point and quoted the relevant EU freedom of movement directive. They contacted the British Consulates Airline Liaison Officer and then asserted they would not allow her to board as they would be liable for a fine when denied entry to the UK.
My husband had to return to the UK (via Zurich) on his own leaving his distraught wife and infant at the airport. I contacted the border agency in the UK and they have stated that she would not have been denied entry to the UK. My husband also spoke to border control when he entered the UK and they also said if we had her UK birth certificate that she would not have been denied entry.
In discussions with the British Consular official who advised SWISS air, he is insistent that she cannot travel on a SA temporary passport and now I'm trying to get hold of her full SA passport and then I have to apply for a EEA family permit which could take 3 weeks. I tried reasoning with the Consular official and printed out the directive. He tried to tell me it was the South African immigration officials who would not allow me to leaves however they never even checked my husbands documents when he left SA.
My feeling is that in the end SWISS air is liable (irrespective of the advice they received). My family has been split apart and I am sure this is a breach of our human rights and right of free movement.