Visa Free Travel for EU Dependents from 6th April 2015??

[raju4u]

Hi everyone i have a question for one of my friend who is a Non EU National but married to an EU National. Is it true that he can travel without UK visa and visit after 6th April? Following are his details please advice.

Non EU National: holding permanent residence permit in Poland Married to a polish citizen and has a baby girl of 3 years old working in Poland from last 7 years. Can he visit for 15 days to UK after 6th april 2015 which is next month? Do he need anything in this regards? or he can simply buy a ticket and come along with his visa card? Please reply. thanks

[rosebead]

It's crazy but according to the proposed amendment, only a "qualifying EEA State residence card" will be accepted for UK admission. This means an Article 10 residence card only and not a permanent residence card. You have to blame the Free Movement Directive which omitted to include permanent residence cards as acceptable for visa-free entry. Also, you have to be joining or accompanying your EU spouse to the UK even if you did have an Article 10 residence card.

Come to think of it, it sounds like your friend's residence permit was issued under domestic Polish law as opposed to EU free movement law, in which case it wouldn't be valid for EU travel anyway.

[askmeplz82]

exactly Even Poland does not allow Permanent resident card holder VISA free entry but they do if you have Family member residence card. Yes i guess so Polish national, working in poland then of course not exercising treat right if she have never worked in any other EEA country

Did she worked in any other EU country except poland ?

[tebee]

But permanent residence cards are supposed to give the owner the same status as an EEA citizen - http://europa.eu/legislation_summaries/ ... 034_en.htm

This says

The European Union (EU) grants European resident status to non-EU nationals who have legally and continuously resided for a period of five years within the territory of an EU country.

From Council Directive 2003/109/EC of 25 November 2003

A long-term resident may exercise the right of residence, for a period exceeding three months, in an EU country other than the one which granted him/her the status, subject to compliance with certain conditions, including:

exercise of an economic activity in an employed or self-employed capacity;
pursuit of studies or vocational training;
other purposes.

I have no idea if the UK acknowledges this though.

[rosebead]

^ The problem is though that Article 20 residence cards (PR cards) are not mentioned in the Directive as valid for visa-free travel - only Article 10 cards (RC) are mentioned. However, the Schengen Visa Handbook does state that PR cards should provide a visa exemption for family members. However the UK is not part of the Schengen so I guess they can do what they like. Although who knows, the Home Office may be generous and issue guidance to UK border guards to allow PR card holders to enter, even if it is not mentioned in the EEA Regulations.