Immigrationboards.com

I'd just like to explain my experience in order to help those planning the EEA-route. I have Irish citizenship but also had British citizenship. My partner has a St Kitts and Nevis passport (Commonwealth country; six months VISA free access to the UK). She was refused leave to remain the UK in March 2016 because the UK Border Force said she was visiting me in the UK too often.

In January 2019 I was advised to renounce my UK citizenship, marry overseas and enter the UK exercising my EU treaty rights as the citizen of an EEA member state (the Republic of Ireland). If I kept dual Irish and British nationality, my UK citizenship would trump my Irish citizenship and I'd be required to take the UK Marriage Visa route (which is a costly complicated nightmare). It took four months for the Home Office to renounce my UK citizenship and it cost me £372. The Home Office "lost" my Irish passport and my original birth certificate in the post. This caused another month's delay as I had to apply for a new Irish passport from the Irish government.

We then arranged our wedding in Copenhagen. Dealing with the Danish authorities was very straight-forward and the wedding went ahead easily. We then flew straight to London Gatwick. I had with me the marriage certificate provided at the Copenhagen registry office and evidence of my residence and employment in the UK (pay slips and bank statements).

At Gatwick immigration control we approached the desk together. My wife handed over her St Kitts and Nevis passport, I handed over my Irish passport and I explained that we were recently married and entering the UK as husband and wife. The immigration officer spent some time checking our records online, then asked what documentation we had. I said I we did not have an EEA permit because I understood that there is no legal requirement for such documentation. (See the response to this Freedom of Information request https://www.whatdotheyknow.com/request/ ... 0Annex.pdf) The immigration officer clearly knew the law and accepted we didn't need an EEA permit. He also commented on my Irish citizenship and clearly knew that we were exercising our EU treaty rights.

He then asked about my wife being refused leave to remain in the UK two years ago. I explained my partner had been regularly visiting me in the UK for years. This mean that he accepted it was a genuine marriage not a sham marriage/marriage of convenience. So much so that he didn't even ask to see our marriage certificate or evidence of employment or evidence of my UK residence!

No completed landing card is needed anymore and there is no special stamp. He simply took my wife's passport and stamped it "Admitted to the UK under the Immigration (EEA) Regulations 2016". (http://www.legislation.gov.uk/uksi/2016 ... view=plain) He gave us back our passports and welcomed us to the UK. We are now happily living together in the UK.

So a UK residence card is not required and "It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK" according to former immigration minister Damian Green (https://eumovement.wordpress.com/category/visas/) All that's need it proof of marriage.

garageland wrote: ↑

Tue Jul 16, 2019 9:25 am

So a UK residence card is not required and "It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK" according to former immigration minister Damian Green (https://eumovement.wordpress.com/category/visas/) All that's need it proof of marriage.

Sadly this is the theory only. Your experience is a happy example, and I'm glad you had no problems, but there are a number of threads from other members in this forum that describe their nightmare experience with airlines due to not having specific EEA documentation before traveling.

To have a right is a different thing than to be able to prove that right: Having a Family Permit is the legal way to prove your rights as the family member of a EU citizen, so there is a reason they exist.

If the family member is from a country that is normally required an entry visa to the UK, and doesn't have adequate EEA documentation, there is a real possibility of trouble.

Family Permits are free and usually processed in priority. Unless there are circumstances of force majeure, it is a bad call to voluntarily opt for skipping it or advise someone else to skip it.

No this is not theory, it's the LAW. The 2016 regulations are clear.

A person who is not an EEA national must be admitted to the United Kingdom if that person is—
(a) a family member of an EEA national and produces on arrival a valid passport and qualifying EEA State residence card, provided the conditions in regulation 23(4) (family member of EEA national must accompany or join EEA national with right to reside) are met.

Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must provide every reasonable opportunity for the document to be obtained by, or brought to, the person or allow the person to prove by other means that the person is—

(a) an EEA national

(b) a family member of an EEA national with a right to accompany that EEA national or join that EEA national in the United Kingdom.

You're correct to say that having the right is not enough, you have to prove that right. That's why we had our marriage certificate ready. The marriage certificate is how that right is proven.

garageland wrote: ↑

Tue Jul 16, 2019 2:18 pm

No this is not theory, it's the LAW.

The law is theory.

The correct application of the law is practice and is, sadly, not always the case.

As I said, more than one person in this forum has experienced difficulty in the absence of EEA documentation. Some examples are here and here.

The marriage certificate is how that right is proven.

This statement is theory.

Sadly, in practice, airlines can have directives that result in the wrong interpretation of what constitute legal proof. A marriage certificate appears to be enough for immigration officials, but not for airline staff, many of which accept only valid EEA documentaiton in the absence of a visa.

The official advise of the Home Office is to apply for EEA documentation, suggesting that is the infallible proof.

Please note that I am aware of the legislation, and I am aware about who should be legally allowed in the UK, as you correctly quote. I am not contesting that. It is trully sad to hear that people with the genuine right to enter the UK but without EEA documentation have not been allowed in planes bound to the UK, and I am not trying to justify it.

I am simply pointing out that there is a difference between theory and practice, that people have been denied boarding, and that is a fact which I am reporting, and of which is important that people are aware. Having the minimum documentation that is legally required (in this case, a marriage certificate) might in many cases not be enough, and it is better to be safe than sorry.

There are available EEA application processes specifically designed to avoid such annoyances, and it is wise to consider them before deciding you do not need them. And in any case, never advise anyone to ignore them.

kamoe wrote: ↑

Tue Jul 16, 2019 2:50 pm

Please note that I am aware of the legislation, and I am aware about who should be legally allowed in the UK, as you correctly quote. I am not contesting that. It is trully sad to hear that people with the genuine right to enter the UK but without EEA documentation have not been allowed in planes bound to the UK, and I am not trying to justify it.

I am simply pointing out that there is a difference between theory and practice, that people have been denied boarding, and that is a fact which I am reporting, and of which is important that people are aware. Having the minimum documentation that is legally required (in this case, a marriage certificate) might in many cases not be enough, and it is better to be safe than sorry.

There are available EEA application processes specifically designed to avoid such annoyances, and it is wise to consider them before deciding you do not need them. And in any case, never advise anyone to ignore them.

Amazing story OP! Really! That's what I call determination

You did a good job and also dealt with someone at the border who did a great job. He knew the law you were referring to and had no other choice than to let you pass.

However, in most cases, it doesn't work like that. You will be facing clueless airline staff or even border officials who insist either you show a visa or go home.

With my wife, each trip was a nightmare to the point where we decided to stop traveling until she gets her British citizenship. She will soon qualify to apply but for now, no travels. When we traveled, it was for pleasure, to relax, to explore, to have some rest from our hectic life... but the troubles we had each time at the border/check-in desks showed us that there is no point trying more. The law is in our side, we have all the paperwork in hand but still, we were each time treated like criminals and with contempt. Everyone checks-in within 45 seconds and for us it was 45 minutes.

In my humble opinion, you are both right.

I don't think I have read anyone's story in this forum about being rejected at the UK border for not having a Family Permit when they were accompanied by the EEA partner. Some might have had a harder time or taken a while until they were cleared, but rejections would be very rare.

Different story if the EEA partner is already in the UK and the non-EEA partner needs to prove treaty rights on his/her own with the border officer. I have read many cases of rejection in this case.

And a TOTALLY different story is with the airlines at the country of origin. If you are required a visitor visa for tourism regular visit, it is very likely that the 23 year old airline worker, who is more interested in her snapchat than on the passangers, will not allow you to board the plane, no matter what the law says... simply because they are not trained on EU laws that much I guess.

jmedina wrote: ↑

Wed Jul 17, 2019 9:23 am

In my humble opinion, you are both right.

The OP is right in suggesting that it is possible to enter the UK without EEA documentation,if the non-EU spouse does not need a visa, and if you procure a marriage certificate. They give their own experience as an example.

The OP is wrong in suggesting that a EEA document is not needed at all, in any case, for anyone, if one can produce a marriage certificate. Considering that most of the time one needs to have boarded a plane in the first place, for nationals requiring visas this is in an incorrect statement.

I don't think I have read anyone's story in this forum about being rejected at the UK border for not having a Family Permit when they were accompanied by the EEA partner. Some might have had a harder time or taken a while until they were cleared, but rejections would be very rare.

No one is saying that rejections occur at the border. It's important to make the difference.

The point to be clear for anyone thinking of skipping the EEA process is that one needs to pass two points of control, one when boarding a plane, another at the UK border. Even if there is no problem at the UK border, one cannot usually arrive there if there is a problem at the boarding gate.

And a TOTALLY different story is with the airlines at the country of origin. If you are required a visitor visa for tourism regular visit, it is very likely that the 23 year old airline worker, who is more interested in her snapchat than on the passangers, will not allow you to board the plane, no matter what the law says... simply because they are not trained on EU laws that much I guess.

Indeed.

I am well aware that many immigration officers are not fully conversant with the law. I'm also aware that the government try to make people think that the EEA Permit is a requirement. IT IS NOT. The government have admitted this. Please don't try and deter people who have every right to enter the UK on the basis I have explained. Don't let the hostile environment and the scaremongering put people off. I haven't outlined my experience precisely in order to show people that this route is absolutely viable and legally sound.

If an immigration officer doesn't know the law, it doesn't change the fact that the law allows free movement for family members of EEA citizens. A recent Freedom of Information request revealed that UK Border Force officers are trained with the following advice: "Third-country national family members who do not hold an EEA family permit, a residence card issued by the UK, or by another EEA member state in accordance with article 10 of the Free Movement Directive (2004/38/EC), should NOT be denied admission for lack of such a document alone." And that "There is NO legal requirement for a family member to hold an EEA family permit" https://www.whatdotheyknow.com/request/ ... o_eea_fa_2

@garageland: You are seriously misunderstanding what we are saying. I invite you to please read closer all of the comments we have written above.

garageland wrote: ↑

Wed Jul 17, 2019 1:38 pm

I am well aware that many immigration officers are not fully conversant with the law.

If you read closer, no one here is saying at any point that immigration officials don't know the law.

In case there is still confusion:

1. Immigration official: The person who checks your passport at Arrivals at the point of entry (airport, train station,ferry port), when you already have arrived to the UK. They are obligated to follow UK legislation to allow people in UK territory.

2. Airline staff: An employee of an airline, who checks your passport before you are allowed in the plane. They are obligated to follow airline policy before allowing people on the plane.

See? the above are not the same. We are saying there can be trouble with No. 2. not with No. 1.

We are saying that airline staff, that is, employers of airlines, follow their own airline policies which, in many cases, can prevent a person without a visa or EEA document to board a plane, regardless of weather that person should be allowed to enter UK terriory.

This is completely different than saying that an immigration official does not know the law.

I'm also aware that the government try to make people think that the EEA Permit is a requirement. IT IS NOT. The government have admitted this.

This is inaccurate. In a number of government pages it is clearly stated that a EEA Family permit and/or residence Card is not always a requirement, but that procuring it is recommended to avoid any trouble, which is only a sensible thing to say.

Please don't try and deter people who have every right to enter the UK on the basis I have explained. Don't let the hostile environment and the scaremongering put people off.

You have to be not paying attention to what has been said and carefully explained above, to interpret from all of our comments that we are trying to make people not come to the UK. We are trying to advise people on how to avoid troubles, and leading them in the best way possible so that their entry in UK territory is as smooth as possible. EEA documentation is free and trated in priority, procuring it is not, in any way, a way to deter anyone from coming.

I haven't outlined my experience precisely in order to show people that this route is absolutely viable and legally sound.

Yes, your testimony is helpful to illustrate how this can be possible, for your specific circumstances, and it is a positive addition to the board, provided you understand this is a particular case and not the overal rule.

Again, I invite you to pay attention and read closer. Please, realize that you cannot claim that your case is applicable to everyone.

Given the serious trouble some other people with less fortunate nationalities than your spouse (aka requiring visas) have been thtough, claiming that no one needs EEA documentation, and on top of that, accusing people advising to get EEA documentaiton of scaremongering, is not only inaccurate, is also irresponsible.

When I used to travel with my wife, I always took with me a copy of the Free Movement Directive (2004/38/EC).

A few times I also sent an email to the Embassy of the destination country asking if my wife needed a visa. Then, I print their response and take it with me.

The worst that happened to us was in Germany, on exit, where a border official with 3 stars told us that Germany is not part of the EU and EU laws don't apply in Germany. 45 minutes with them and we nearly missed our flight.

It will never go to the deportation or refusal of entry. There are too many levels of escalation to take this decision and it will get eventually sorted by someone who understands the law. However, airlines is another story and most of their employee when they see a non-EU passport with "strange letters", they just ask for a visa. Even at major airports such as London Heathrow, in 2019, most of the people working at check in desks never heard about the 2004/38/EC Directive and not a single desk would deliver a boarding pass without making you lose your time and nerves.

If you try the same from some secondary airports in Europe, I am not sure you would fly that day.

It's a crazy for Directive that went into force nearly a decade and half ago.

Kamoe. Who is this "we" you claim to be speaking on behalf of?

Kamoe. You, for some reason, are trying to deter people from this legally sound EEA route. I’m suspicious as to why. (Using “we” as if you’re part of some army of experts is also particularly disingenuous). Our success was not the result of a gamble. It was the result of sound legal advice and months of preparation of documentation. I went to the immigration law firm recommended to me by my MP and had the law fully explained to me in detail. Law that you don’t seem to understand.

I’m perfectly aware of the difference between airline staff and immigration officials. Trying to pretend that the person with whom you disagree is stupid is not going to work.

What IS stupid is for you to fail to read closely what I said at the beginning of the original post. I clearly stated that my wife has visa free access to the UK because hers is a Saint Kitts and Nevis passport. This is why we had no problems with airline staff.

You claim the government assert that documentation such as an EEA permit or residence card is “not ALWAYS a requirement”. Wrong. It is just not needed. “It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK”. A letter by Damian Green, the former immigration minister.

Your comments are going to confuse people and deter people from this legally sound route. I would politely ask you to desist from doing this. You have not provided legal evidence of your position. However legal precedent has been set in my case. Try looking at the MRAX v the Kingdom of Belgium case (2002) in which the European Court of Justice ruled that “a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties”.

My testimony is not an example of good fortune as a result of “my specific circumstances”. It’s an example of what the law allows if an EEA (non-UK) citizen wishes to bring their non-EEA (with visa-free passport) spouse to an EEA state (including, until 31st October, the UK).

So please realise that no one is claiming that this case is applicable to “everyone”. But the law on free movement IS applicable to EEA citizens and their non-EEA (visa-free) family members.

Your assertion that there has been serious trouble experienced by those with “less fortunate nationalities than your spouse (aka requiring visas)” shows, once again, that you did not read my original testimony correctly. I clearly stated in the third sentence that “My partner has a St Kitts and Nevis passport (Commonwealth country; six months visa free access to the UK).” Please read it again and please stop trying to deter people from this legally sound and legally proven route.

garageland wrote: ↑

Thu Jul 18, 2019 8:39 am

Kamoe. Who is this "we" you claim to be speaking on behalf of?

We = me and other posters on this thread who have explained why some people might need a EEA Family Permit or Residence Card.

Nope it's only you. There is one other that also didn't correctly read my point about my wife's visa-free passport. But only you are stubbornly trying to assert that in a case such as mine, an EEA Family Permit or Residence Card is needed. It is not.

garageland wrote: ↑

Thu Jul 18, 2019 9:33 am

Kamoe. You, for some reason, are trying to deter people from this legally sound EEA route. I’m suspicious as to why.

I am trying to make sure no one misinterpret your experience as evidence that no one needs a EEA Residence Card. Note that I am never saying: "Do not come to the UK without a EEA Documentation, as otherwise you will not be allowed in in any circumstance".

Also, I am in no way saying that you cannot replicate the way in which you did not need a EEA residence Card.

(Using “we” as if you’re part of some army of experts is also particularly disingenuous).

You are reading too much into this. Not claiming anything here.
However, I accept I cannot speak for everyone who replies to posts in this forum, so that's a fair point.

Our success was not the result of a gamble.

Never said it was.

It was the result of sound legal advice and months of preparation of documentation. I went to the immigration law firm recommended to me by my MP and had the law fully explained to me in detail.

That is great to hear, and as I said in my first paragraph of my first reply, I am glad this worked for you.

Law that you don’t seem to understand.

I am at no point saying anything that is not factual, incorrect, or that contradicts the law.

I’m perfectly aware of the difference between airline staff and immigration officials.

I made the clarification, because no one said anything about immigration officials ignoring the law. All comments were made exclusively about airline staff acting in contradiction with the law. Yo uthen expressed you were aware of immigration officials ignoring the law, which seemed to suggest that your later comment confused the two figures. Good to hear that is not the case.

Trying to pretend that the person with whom you disagree is stupid is not going to work.

A clarification of concepts is one thing, implying someone is stupid is another. Connecting the two is only the result of your interpretation. As I said, the comment was made to clarify two very key and potentially confusing concepts for anyone reading this thread. Not implying anyone is stupid, and if that's your impression, again, you have my apologies.

What IS stupid is for you to fail to read closely what I said at the beginning of the original post. I clearly stated that my wife has visa free access to the UK because hers is a Saint Kitts and Nevis passport. This is why we had no problems with airline staff.

I clearly referred to your wife's nationality as being more fortunate than others (others = which need a visa), so this was clear to me, as it was clear to me that, in your particular circumstances, it is not a surprise you personally did not have any trouble.

You claim the government assert that documentation such as an EEA permit or residence card is “not ALWAYS a requirement”.

Wrong. It is just not needed. “It is therefore not compulsory for family members of EEA nationals to obtain an EEA family permit before travelling to the UK”. A letter by Damian Green, the former immigration minister.

A EEA document

1) It is a requirement for extended family members.
2) It will be likely required for nationals requiring en entry visa, to board a plane

The two above does not apply to your particular case; but clarification needs to be made so people do not interpret your circumstances to be applicable for everyone.

Your comments are going to confuse people and deter people from this legally sound route.

How exactly is suggesting that people be cautions and first check if they need to apply for EEA documentation (because as we have established some people truly might need it), a way of confusing and deterring people?

You have not provided legal evidence of your position.

I have provided examples of testimonies in this forum, as other posters have also done. It's true that that is not legal evidence, but as I said earlier, we are dealing here with two levels:

1) The law, which is a theory to be applied, which you have corectly quoted and which no one is contesting.

2) The practice of the law (and of airline regulations in this case), which is what people experience every day.

A good amount of decisions in this forum also take into account the experiences of other people, anonymous strangers, and not in any way verifiable. That is just the reality of forums. But if someone decides they absolutely want a legal document to base their practical decisions on, they can ignore anything that is not verifiable. it's their decision and that is fair enough.

However legal precedent has been set in my case. Try looking at the MRAX v the Kingdom of Belgium case (2002) in which the European Court of Justice ruled that “a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties”.

My testimony is not an example of good fortune as a result of “my specific circumstances”. It’s an example of what the law allows if an EEA (non-UK) citizen wishes to bring their non-EEA (with visa-free passport) spouse to an EEA state (including, until 31st October, the UK).

No one is saying the contrary. No one is saying you were "lucky", no one is saying you in particular could have encountered problems.

So please realise that no one is claiming that this case is applicable to “everyone”.

THANK YOU!

But the law on free movement IS applicable to EEA citizens and their non-EEA (visa-free) family members.

Again, needs to be read with caution because of the aforementioned airline problem.

Your assertion that there has been serious trouble experienced by those with “less fortunate nationalities than your spouse (aka requiring visas)” shows, once again, that you did not read my original testimony correctly. I clearly stated in the third sentence that “My partner has a St Kitts and Nevis passport (Commonwealth country; six months visa free access to the UK).” Please read it again and please stop trying to deter people from this legally sound and legally proven route.

"aka" was meant to refer to the less fortunate nationalities, not your wife's nationality. Otherwise I would not have used the adjective "fortunate" to describe it if I was implying she needed a visa. So, yes, I completely understood that she did not need a visa.

garageland wrote: ↑

Thu Jul 18, 2019 10:35 am

Nope it's only you.

How do you claim to know what was on my head when I wrote that? Please be respectful, and be open to revise your understanding.

There is one other that also didn't correctly read my point about my wife's visa-free passport.

As explained above, I correctly understood she did not need a visa, reason for which I used the adjective "less fortunate" to refer to nationalities that needed a visa.

But only you are stubbornly trying to assert that in a case such as mine, an EEA Family Permit or Residence Card is needed. It is not.

Again, I never said you gambled, I never said you were lucky, I never said that married non-EU nationals who did not need a visa would absolutely need a EEA document to get into the UK. My comments were a cautionary tale for people not to interpret that your case would apply to everyone and that no one would need EEA documentation.

In retrospective, I should have clarified in my very first comment that your case was successful because of your circumstances (married to non-visa national), and that my comment applied to other nationalities, etc.

I hope that settles it?

So, we’re agreed. It is not the case that “no one needs an EEA Residence Card” or an EEA Permit. But that if a couples’ legal status is the same as mine and my wife’s (an EEA citizen with a non-EEA visa-free passport spouse) then it is the case that they do not need such documents.

In response to my referencing the Damian Green letter, you have introduced two new issues. Firstly, extended family members. I have not made reference to this and have consistently made clear that my case was of a direct family member, my spouse. Secondly, nationals requiring entry visas. Again, I keep repeating that my wife did not require an entry visa. Please don’t confuse the issue and introduce extraneous factors.

I would still assert that your posts have only served to confound what I’m trying to do to help others. I have spent months reading testimonies, seeking legal advice and trying to get clear exactly what routes work, what legal status is required and what documentation is needed. It has been hell. It’s been, without doubt, most stressful year of my life. My partner was refused entry to the UK two years ago and has not returned to the UK to see me during that time. We have been through so many painful, emotional ups and downs. So, when we approached immigration control at Gatwick we were unbearably nervous and anxious. But the response of the immigration officer vindicates everything I’m arguing here and the excellent legal advice we were given.

I'm now happily married and living in the UK with my partner of over ten years. So, I could take an "I'm alright Jack" position. But, I’ve publicly posted my testimony in a selfless attempt to reassure those looking at this route in order to show them that it DOES work. Please don’t undermine this, please don’t confuse people and please consider the extent that your posts maybe deterring others who are considering this route. It does work. Our case shows that it works.

Your last point about “less fortunate” nationalities seems to be code for those nationalities that need visas. So, can we finally reach a consensus? EEA citizens with spouses/direct families members who are non-EEA but have no visa requirement can enter EU member states (including the UK up until 31st October) without an EEA Family Permit, without a Residence Card, as long as they can provide the marriage certificate and evidence that the EEA citizen is living and working in the EEA member state to which the couple are travelling.

Hi Gargaland

First of all, thanks for sharing your experience. In my first comment I did make the mistake of not saying how helpful your contribution is, and went straight to contest potential misunderstandings, so I see how that feels as an aggressive response. I did not mean to undermine your experience, please be sure of this.

garageland wrote: ↑

Thu Jul 18, 2019 11:49 am

So, we’re agreed. It is not the case that “no one needs an EEA Residence Card” or an EEA Permit. But that if a couples’ legal status is the same as mine and my wife’s (an EEA citizen with a non-EEA visa-free passport spouse) then it is the case that they do not need such documents.

Yes, we agree on this 100% form the start.

In response to my referencing the Damian Green letter, you have introduced two new issues. Firstly, extended family members. I have not made reference to this and have consistently made clear that my case was of a direct family member, my spouse. Secondly, nationals requiring entry visas. Again, I keep repeating that my wife did not require an entry visa. Please don’t confuse the issue and introduce extraneous factors.

The issue is that, once extended family members are issued with EEA documentation, they must be treated as family members within EU regulations.

Extended family members must be treated as family members for the purposes of
the Immigration (European Economic Area) Regulations 2016 (the 2016 regulations)
if they have been issued with an EEA family permit, a registration certificate or a
residence card and continue to satisfy the conditions set out in regulation 7(3).[

Hence why many people could amalgamate the two and believe it's the same thing; also, people unfamiliar with the terminology might not even be aware there is a difference. For the sake of simplicity, I thought it was best to point out that in some cases a document is actually necessary (the onus is ultimately on each person to check what applies to their particular case, just as you have made).

I would still assert that your posts have only served to confound what I’m trying to do to help others.

I believe we both made each a key mistake:

-I assumed you were claiming your case applied to everyone.
-You assumed I was claiming your case was a lucky one and that your circumstances needed the issuing of a EEA document.

The funny thing is, I believe everything was clear to everyone else.

I have spent months reading testimonies, seeking legal advice and trying to get clear exactly what routes work, what legal status is required and what documentation is needed. It has been hell. It’s been, without doubt, most stressful year of my life. My partner was refused entry to the UK two years ago and has not returned to the UK to see me during that time. We have been through so many painful, emotional ups and downs. So, when we approached immigration control at Gatwick we were unbearably nervous and anxious. But the response of the immigration officer vindicates everything I’m arguing here and the excellent legal advice we were given.

I'm sorry to hear of the difficulties you have experienced, and I am truly glad your were able to sort it out in the best and most effective way that was possible for you, and that you are able to share it for the benefits of others in the same circumstances.

I'm now happily married and living in the UK with my partner of over ten years. So, I could take an "I'm alright Jack" position. But, I’ve publicly posted my testimony in a selfless attempt to reassure those looking at this route in order to show them that it DOES work. Please don’t undermine this, please don’t confuse people and please consider the extent that your posts maybe deterring others who are considering this route. It does work. Our case shows that it works.

Again, this is very helpful, and I am glad you shared.

Your last point about “less fortunate” nationalities seems to be code for those nationalities that need visas.

Yes, hence the "aka needing a visa" sentence. BTW I have one of those unfortunate nationalities, so in no way this was meant as a demeaning adjective.

So, can we finally reach a consensus? EEA citizens with spouses/direct families members who are non-EEA but have no visa requirement can enter EU member states (including the UK up until 31st October) without an EEA Family Permit, without a Residence Card, as long as they can provide the marriage certificate and evidence that the EEA citizen is living and working in the EEA member state to which the couple are travelling.

Yes, agreed 100% from the beginning. Not a single one of my posts meant to imply otherwise.

Thank you for your reply Kamoe. And apologies for things getting a little heated and personal.

I feel I also ought to explain that if a couple are in a position to apply for and be in possession of an EEA Family Permit BEFORE entering the UK, then by all means, there's no harm in going ahead and getting one.

But we had flown to Denmark to marry and wanted to fly straight into the UK. It didn't make sense to get married, then apply for the EEA Family Permit, then spend days or maybe weeks sitting in a Copenhagen hotel waiting for the permit to arrive. This is why we decided to try the no EEA Permit and no Residence Card route.