Border entry refusal ILR

[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)