Spouse of EEA national enters UK without EEA family permit

miko77 · Post by **miko77** » Sat Apr 21, 2012 4:38 pm

Hello,

If a spouse of EEA national wants to enter the UK without an EEA family permit, but proof that they are married to an EEA national, what will happen?

UK hardly can refuse entry, because of DIRECTIVE 2004/38/EC, right?

"(5) The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality."

Thanks!

Post by **EUsmileWEallsmile** » Sat Apr 21, 2012 4:58 pm

You are quite correct, if you present yourself at a border and have the appropriate proof. However, getting to the border is the hard bit.

Post by **Jambo** » Sat Apr 21, 2012 5:11 pm

In your previous posts you were living in Germany. Is this still the case?

She can only enter the UK as a spouse of EEA national if you travel together or if you are living in the UK and she joins you.

Post by **EUsmileWEallsmile** » Sat Apr 21, 2012 5:12 pm

Jambo wrote:In your previous posts you were living in Germany. Is this still the case?

She can only enter the UK as a spouse of EEA national if you travelling together or if you are living in the UK and she joins you.

...and she gets to a border.

Post by **Jambo** » Sat Apr 21, 2012 5:34 pm

In his previous posts his wife was from Venezuela so unless he remarried, she should be fine as she is non visa national (assuming she got one of the new biometric passports).

Post by **EUsmileWEallsmile** » Sat Apr 21, 2012 7:21 pm

Jambo wrote:In his previous posts his wife was from Venezuela so unless he remarried, she should be fine as she is non visa national (assuming she got one of the new biometric passports).

OK, understood. In that case she would get a border. It is important for others to realise that this works because she is not a visa national.

miko77 · Post by **miko77** » Sat Apr 21, 2012 8:05 pm

Let's forget the context for a second, please, and let's assume the wife gets to the border, and has proof that she is married to a German citizen. She does not have an EEA family permit or anything of that sort.

What happens then?

Post by **Jambo** » Sat Apr 21, 2012 8:24 pm

Well, the context is all that matters here.

Just by being married to a German doesn't in itself give her any free movement rights.

If they both live in Japan and she travels alone to the UK, her marriage certificate has no affect on her right to enter the UK.

If all that she wants is to enter the UK as a visitor (tourist) for 3 weeks and she is Japanese (i.e doesn't require a visa to enter the UK), then she can just enter the UK as a tourist. There is no reason to use the directive.

If her husband lives in the UK, exercise his treaty rights in the UK and she joins him, then by presenting a marriage certificate and evidence of her spouse exercising treaty rights in the UK (for example a recent payslip + a copy of his passport), then she will be admitted as a family member of a EEA national.

miko77 · Post by **miko77** » Sat Apr 21, 2012 8:40 pm

Jambo,

Why does being maried to a German not give her free movement rights? Please contrast that with the quote I posted earlier. Exactly that follows directly from the directive, doesn't it?

That was the point I was trying to make...

miko77 · Post by **miko77** » Sat Apr 21, 2012 8:42 pm

Here the quote:
"(5) The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality."

This is a very clear statement, isn't it?

Post by **Jambo** » Sat Apr 21, 2012 9:03 pm

True. A very clear statement. But in order for the family member to enjoy free movement, the EEA national needs first to exercise his right.

In the example I gave, if they both live in Japan i.e. the German national is not exercising his right for free movement, then just by being married to him, the spouse can't enjoy the right for free movement.

Or in the words of the directive

Article 3 - Beneficiaries

1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

Post by **EUsmileWEallsmile** » Sat Apr 21, 2012 9:08 pm

Your thread headline has a very alluring title. If you are really interested in what might happen read this link.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

After presenting herself at the border she can enter as a tourist (if she meets the requirements) or as an EU family member (if she meets the requirements).

The important point for your wife is that an airline would let her board given that she's not a visa national. This won't work for visa nationals, who would most likely be denied boarding and not get the chance to put their case to a border officer.

miko77 · Post by **miko77** » Sat Apr 21, 2012 9:26 pm

Ay... It's always in the fine print... Thanks, Jambo.

Post by **Directive/2004/38/EC** » Sat Apr 21, 2012 9:50 pm

You might want to read through http://eumovement.wordpress.com/eu-coun ... d-kingdom/ It includes links to stories of a number of people who have done it.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Spouse of EEA national enters UK without EEA family permit

Spouse of EEA national enters UK without EEA family permit