ILR border question

[Deeyosmith]

Hey all, apologies this might be a stupid question, but I just need a bit of clarity on this.

I’m a Nigerian citizen currently on a Spouse ltr visa.

I travelled to Gibraltar with my wife last year, and while we were there, we wanted to cross over to Spain via the land border. Normally, I would need a Schengen visa to enter Spain, but I read online that I can request a visa at the border since I’m married to a European citizen (my wife is Portuguese) and I should be able to get one if I can prove our marriage.

We spoke to the Spanish border guards and explained that I wanted to enter Spain with my wife, but they refused to let me in. They said they don’t give visas at the border and apparently they’ve never heard of the rule for non eu spouses. I argued with them for a bit, showing them where the rule states that I can get a visa at the border, but they just got a bit agitated and kept telling me that I needed to have gotten a visa first.

After a while they threatened to give me a formal refusal entry stamp if I didn’t leave. So, my wife and I gave up and decided to leave.

Now, I’m just thinking when I apply for Ilr, there’s an option which asks if I’ve ever been refused entry at a border. Do I say answer yes? Even though they didn’t give me any refusal stamp my passport or ask me to fill in any refusal entry form? Or do I treat the incident as a withdrawal and not mention it in my ILR application?

Thank you

[zimba]

This has no relavance to your ILR in the UK

[LiveSlowDieWhenever]

According to EU rule s they had to give you a formal refusal, they breached the law and in my opinion tricked you like that because otherwise they would have nothing to write as a legal basis of the refusal.

This week someone I know was able to pass through Austria without having Schengen, and Austrian police only checked their marriage papers.

If I were you I would get the stamp and then appeal it right there, afaik they would process the appeal right away by contacting the relevant migrant offices or within 3 days. (I am not sure on the timing)

[Deeyosmith]

Hey Guys,

I need some advice regarding a situation that happened a while back for my ILR application.

Last year, I travelled to Gibraltar with my wife and we tried to enter Spain via the land border. I didn’t have a Schengen visa but my wife is Portuguese and we wanted to try getting a visa at the border as I read then that non Eu family members of Eu nationals can get a visa at the border.

Unfortunately the Spanish border officers didn’t allow me to enter stating that I do infact need a visa to enter Spain even though I was with my wife in person, so they turned both of us around.

Now, the Spanish border officer didn’t stamp my passport with an entry refusal stamp nor did he give me a form to fill to acknowledge that I was refused entry. The only thing he did was threaten to make it formal if I didn’t leave.

So my question is, for my ILR application, when they ask the question “Have you ever been refused entry at a border”, do I need to declare this incident even though it wasn’t formal? I’ve searched everywhere for an answer, but my reasoning is to answer no, since I was not given any formal refusals and I’ve gotten at least two more Schengen Visas and I’ve also entered 4 different Schengen countries and none of the other border officers have mentioned this or brought it up?

Please, let me know what you think.

Thank you!!

[CR001]

Topics merged!!

You asked this exact question already in March. The answer doesn't change when asking again.

This has no relavance to your ILR in the UK

[Deeyosmith]

Ahh so sorry, I didn’t see the replies.

Thanks

[Deeyosmith]

This has no relavance to your ILR in the UK

Hey Zimba,

Thanks for your earlier reply.

Wanted to get back to you on this.

Why do you say that it has no relevance to my ILR? Don’t they usually ask in the form if you’ve ever been refused entry to any country?

Thanks

[zxyzhgp]

Yes, there is a question on that in the ILR form

But usually you get a refusal stamp or a letter showing the refused entry which you did not receive from the Spain border

https://europa.eu/youreurope/citizens/t ... dex_en.htm

"In very rare cases, an EU country can refuse entry to you or your family members for reasons of "public policy, public security or public health". This means the authorities must prove you or your family members pose a "genuine, present and sufficiently serious threat". You are entitled to receive this decision in writing, stating all the grounds, and specifying how you can appeal and by when."

[zxyzhgp]

So If you select yes to that question, and If my memory is correct, you need to put details into the box (e.g. date & reasons). You do not know which grounds they used to refuse you. Also your passport pages do not show that either. You have no relevant official documents from your side to support this.

[zimba]

This has no relavance to your ILR in the UK

Hey Zimba,

Thanks for your earlier reply.

Wanted to get back to you on this.

Why do you say that it has no relevance to my ILR? Don’t they usually ask in the form if you’ve ever been refused entry to any country?

Thanks

They just prevented you from entry. They did not give you an official refusal. Again, this has no relevance to your ILR. Declaring it or not has no effect on your ILR