NON EEA married to Spanish citizen, holiday at the UK

[eliams]

Hello,

I am Spanish married to Turkish man, as we are living in Spain he is holding a resident permit because of being family of EEA member (because of being my husband), we wanna go Holiday to London, does he need a visa??

I´ve looked on the UK embassy website but as my English is not enough good I can´t clearly understand, it seems if he is coming for a holiday he does not need, but is not clear!!! Also I heard that he can join as a tourist to the UK without visa only if he is travelling with me (because Im his EU familiar, but he can´t join without me), is that true?

Thanks!!!

[86ti]

Apply for an EEA family permit on form VAF5.

[eliams]

But is seems there is a Directive 2004/38/EC which allows my husband to enter the UK and only the following three requirements need to be satisfied:

1. the visa applicant is a family member of an EU citizen (or one of a specific other set of relationships), and is able to prove it
2. the visa applicant must be travelling with the EU citizen
3. all travellers require a passport (or a national ID card for the EU citizen)

I post u the link, it looks like he is able to travel to the Uk without a visa, this is what I undertand:


http://eumovement.wordpress.com/2007/04 ... u-citizen/

[Ben]

But is seems there is a Directive 2004/38/EC which allows my husband to enter the UK and only the following three requirements need to be satisfied:

1. the visa applicant is a family member of an EU citizen (or one of a specific other set of relationships), and is able to prove it
2. the visa applicant must be travelling with the EU citizen
3. all travellers require a passport (or a national ID card for the EU citizen

You are absolutely correct. However, the problem arises when the airline you are flying with is unaware of the rules and denies your spouse boarding.

It's a risk and it would certainly spoil your holiday if the airline doesn't play ball.

Obtaining an EEA Family Permit may be irritating, but it's a stress reliever.

[Rozen]

But is seems there is a Directive 2004/38/EC which allows my husband to enter the UK and only the following three requirements need to be satisfied:

1. the visa applicant is a family member of an EU citizen (or one of a specific other set of relationships), and is able to prove it
2. the visa applicant must be travelling with the EU citizen
3. all travellers require a passport (or a national ID card for the EU citizen)

I post u the link, it looks like he is able to travel to the Uk without a visa, this is what I undertand:

The UK still prefers that you apply for an EEA FP Entry Clearance, regardless!
They will allow you in, at the end of the day, as long as one proves that they are an EU Family Member. But the hassle of that sort of encounter is surely less appealing than simply applying for an EEA FP before you leave for the UK!

[eliams]

Well, I think it is not about what they do prefer...it is about what it is legal or illegal to do...isn´t it?

[Rozen]

Well, I think it is not about what they do prefer...it is about what it is legal or illegal to do...isn´t it?

To be honest, it's about how much time you have on your hands!

[eliams]

well, as my husband holds a resident card where it explicitly says "family member of EU and writes my name down", I think it is worth to go to the airport and wait for an hour till policemen let us go in, than going to the embassy at Madrid (which is 400 km far away from where we live) for 2 times and miss 2 work days just because they don´t accept aplications by post... just to go for a weekend to London!!!!

Thanks everybody, u were all so kind!!!! and sorry for my English

[Obie]

Eliams, i admire the fact that you are putting your foot down, but you would have to prepare yourself for a possible turn-down, from the airline staff. There are passport checks for all UK bound flights from all EU states, and Airlines staffs will not issue a boarding pass without an EEA family permit, even though they will not be fined, if the UK establish that the passenger is a family member of an EEA national with a right of entry.

The thing about the EEA family permit, is the illegality of the questions it askes, and the undue intrusion into the EEA national's affair, which is think is totally unjustified and unacceptable.

If the UK were to simply ask for the passports and evidence of relationship which they demand at the border, for people who apply for EEA family permit, then i am sure lots of people, 2004/38EC resident card holder or not will apply for family permit.

But they are not. They are asking for employment details, bank statement, proof of accommodation, proof of resource, all of which are forbidden.

Their actions undermines the integrity of the EEA family permit, rather than the failure of people to apply for it.

I would never apply for it, if i was in a position, where it is required of me to do so.

[Richard66]

The thing about the EEA family permit, is the illegality of the questions it askes, and the undue intrusion into the EEA national's affair, which is think is totally unjustified and unacceptable.

If the UK were to simply ask for the passports and evidence of relationship which they demand at the border, for people who apply for EEA family permit, then i am sure lots of people, 2004/38EC resident card holder or not will apply for family permit.

But they are not. They are asking for employment details, bank statement, proof of accommodation, proof of resource, all of which are forbidden.

You do not need to submit these documents. I have letters from the Embassy saying as much as so and, since the proof of the pudding etc when my wife was obliged to apply for one we FLATLY refused to supply any of the illegal documents, writing where possible on the form "NOT REQUIRED FROM EEA FAMILY MEMBERS". We also sent a covering letter making it clear we knew the law backwards.

EEA FP granted within 10 working days. And what is more, we forgot to take the marriage certificate! We sent it later by fax.