Advice please. Non Eu wife. No visa necessary to UK?

[joeljoeljoel]

Hello,

Thanks in advance for any advice.

I've been searching the net all day in an attempt for clarification.

I'm British. My wife is non-eu. We live in Spain. She has a residency card issued, I believe, under article 20. (Familiar ciudadano de la union. Permanente. Residente.)

Now according to

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

she no longer requires a visa to enter the Uk, just to be traveling with me, a british citizen, and to have a passport, residency card issued under article 10 or 20 and proof of marriage. Right?

To me it seems that way. I'm just a little confused as to why no UK nationals are used in the examples given in the link above. Is it possible that when I'm entering Britain I cease to be a eea national and become a British national instead and that my wife would need a visa?

Anyone have experience with this or / and can offer any advice. I've looked in the archives but can't seem to find anything matching my specific enquiry.

Thanks again for any help.

[noajthan]

Hello,

Thanks in advance for any advice.

I've been searching the net all day in an attempt for clarification.

I'm British. My wife is non-eu. We live in Spain. She has a residency card issued, I believe, under article 20. (Familiar ciudadano de la union. Permanente. Residente.)

Now according to

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

she no longer requires a visa to enter the Uk, just to be traveling with me, a british citizen, and to have a passport, residency card issued under article 10 or 20 and proof of marriage. Right?

To me it seems that way. I'm just a little confused as to why no UK nationals are used in the examples given in the link above. Is it possible that when I'm entering Britain I cease to be a eea national and become a British national instead and that my wife would need a visa?

Anyone have experience with this or / and can offer any advice. I've looked in the archives but can't seem to find anything matching my specific enquiry.

Thanks again for any help.

See overview of McCarthy including refs to British spouses here:
http://britcits.blogspot.co.uk/2014/12/ ... uling.html

& related FOI request here:
https://www.whatdotheyknow.com/request/ ... y_ruling_2

More analysis including impact for Britishers resident overseas who want to visit UK with their non-EEA spouse:
http://eulawanalysis.blogspot.co.uk/201 ... -free.html

Today’s ruling will make it easier for those British citizens (as well as those who intend to live in another Member State permanently) to visit the UK with their third-country family members. It would only apply to them if their family members have obtained a residence card from their host Member State, though

[joeljoeljoel]

Thanks very much.

I have looked at one of those previously but not the britcits one. We're just taking a quick trip for Christmas and will not be applying for the family permit, (that's why I'm interested in the residence card thing) nor are we planning to stay permanently.

So, It's all good you reckon?

Anyone have any personal experiences post april?

Thanks once again

[noajthan]

Thanks very much.

I have looked at one of those previously but not the britcits one. We're just taking a quick trip for Christmas and will not be applying for the family permit, (that's why I'm interested in the residence card thing) nor are we planning to stay permanently.

So, It's all good you reckon?

Anyone have any personal experiences post april?

Thanks once again

I don't know how many people have done this - probably worth waiting for more responses.

There have been been several reported successes recently, from people using the Surinder Singh route but ofcourse they are returning to live in UK, not for a flying visit:
http://www.immigrationboards.com/eea-ro ... 69701.html

[joeljoeljoel]

Ok. Yeah. Good idea. I'll wait. Like you say it won't be the Surinder Singh route (sp?) but rather the McCarthy route! (if such a thing exists.)

I just find the wording so vague in the gov.uk site. Why no British examples? Very frustrating and I've been dealing with it for years.

Oh well. I'm sure there are others on this board who have worse problems.