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Flying with an Article 20 residence card

Posted: Thu Apr 06, 2017 6:54 pm
by David Smith
Hi.

I am a British citizen living in Czech Republic for more than 5 years on a Temporary Residence Permit. My wife is a Russian citizen, living here almost 15 years. We have been married for 6 years.

My wife has a permanent residence card:

CZE-HO-06001
http://www.consilium.europa.eu/prado/en ... index.html

This residence card contains a stamp "Family member of EU citizen" issued to third-country family members of EU nationals, for permanent residence in the Czech Republic. I believe this to be an Article 20 card, which together with a certified translation of our marriage certificate into English, should be acceptable for visa free travel to the UK as per the guidelines outlined in the link below:

https://www.gov.uk/government/publicati ... dence-card

We have been forced to book a one week trip to the UK to visit family and have no time to apply for the EEA Family Permit.

As I understand, with me being a British Citizen I would need to provide evidence that I have been exercising my treaty rights in another EEA Member State to qualify for the Surinder Singh route.

I have been both exercising my treaty rights and also retain a right to permanent residence here in the EEA Member State (Czech Republic), having lived and worked here for more than 5 years.

My question is will my wife be able to fly with me to the UK using only her Article 20 residence card, original passport and proof of our relationship (marriage certificate), or will we experience problems at the airport?

Thank you very much in advance.

Steven Smith

Re: Flying with an Article 20 residence card

Posted: Thu Apr 06, 2017 7:08 pm
by Wise
Why don't you walk into (British high commission) in the Czech Republic for a very clear understanding and don't forget you are both coming to Brexit Republic so you need to get it right otherwise she may not allow into the UK.

Re: Flying with an Article 20 residence card

Posted: Thu Apr 06, 2017 7:26 pm
by Casa
David Smith wrote:Hi.

I am a British citizen living in Czech Republic for more than 5 years on a Temporary Residence Permit. My wife is a Russian citizen, living here almost 15 years. We have been married for 6 years.

My wife has a permanent residence card:

CZE-HO-06001
http://www.consilium.europa.eu/prado/en ... index.html

This residence card contains a stamp "Family member of EU citizen" issued to third-country family members of EU nationals, for permanent residence in the Czech Republic. I believe this to be an Article 20 card, which together with a certified translation of our marriage certificate into English, should be acceptable for visa free travel to the UK as per the guidelines outlined in the link below:

https://www.gov.uk/government/publicati ... dence-card

We have been forced to book a one week trip to the UK to visit family and have no time to apply for the EEA Family Permit.

As I understand, with me being a British Citizen I would need to provide evidence that I have been exercising my treaty rights in another EEA Member State to qualify for the Surinder Singh route.

I have been both exercising my treaty rights and also retain a right to permanent residence here in the EEA Member State (Czech Republic), having lived and worked here for more than 5 years.

My question is will my wife be able to fly with me to the UK using only her Article 20 residence card, original passport and proof of our relationship (marriage certificate), or will we experience problems at the airport?

Thank you very much in advance.

Steven Smith
Your wife is entitled to enter the UK on an Article 20 Resident card when you are accompanying her. Note point 3 on evidence she will need to travel with.

https://www.gov.uk/government/publicati ... dence-card

Re: Flying with an Article 20 residence card

Posted: Thu Apr 06, 2017 7:46 pm
by David Smith
Thanks to you both.

Regarding point 3, I also read that Non-EEA family members of British citizens must also demonstrate that the conditions in Regulation 9 are met in order to have a right of admission.

http://www.legislation.gov.uk/uksi/2006 ... gulation/9

Do you know if the centre of life requirements will be requested having been here for more than 5 years, or would that automatically mean our centre of life has moved?

Thanks