EEA Family Permit - New travel rules?

swish · Post by **swish** » Thu Oct 11, 2012 12:43 pm

My Swedish wife and I live and work in the UK and I have an EEA Family permit. I recently travelled to Sweden through Denmark to visit family and on my way back I was travelling alone. When I went through border control in Copenhagen to come back to the UK, border control were not going to let me through because I was travelling alone and I didn't have a schengen visa. I was really shocked at this because I have travelled alone many times with my EEA Family permit with no issues. Has anyone else had any similar problems while travelling without their eu partners?

The immigration officer said that it was a new rule change and he said he'll let me through this time but next time I have to have a schengen visa. I was really shocked as I had not heard of any new rules?

Any advice or information on this would be greatly appreciated!

sum1 · Post by **sum1** » Thu Oct 11, 2012 1:29 pm

I suppose you mean you have a Residence Card. Visa-free travel is only possible if travelling with or joining the EEA national unless a particular member state relaxes that rule. I seem to remember that the Danish embassy mentioned a while back that one could travel alone with the RC too. Quite possible that they have changed that.

I am somewhat surprised that you made it on the plane. Are you a non-visa national?

swish · Post by **swish** » Thu Oct 11, 2012 1:41 pm

Yes, I have a Residence Card and I am not a non-visa national.

Post by **EUsmileWEallsmile** » Fri Oct 12, 2012 10:04 pm

You were within schengen...normally no passport checks between countries, but you should familiarise yourself with directive 2004/38/ec and comply with its terms.

Post by **Jambo** » Fri Oct 12, 2012 10:17 pm

I believe the OP had an issue exiting Schengen on his way (alone) back to the UK.

swish · Post by **swish** » Mon Oct 29, 2012 10:02 am

Yes Jambo, that is correct.

Post by **Directive/2004/38/EC** » Mon Oct 29, 2012 1:30 pm

There is an ongoing question as to the status of the family member who has a Residence Card but who is travelling alone. Not crystal clear whether you can travel on your own or not, as far as I know.

If you are travelling with or joining your EU spouse, then it is very clear.

a.s.b.o · Post by **a.s.b.o** » Tue Oct 30, 2012 1:11 am

Directive/2004/38/EC wrote:
If you are travelling with or joining your EU spouse, then it is very clear.

so at any moment in time one can seek to 'join the eea spouse/relative'? a letter in possession would suffice?!

Post by **Directive/2004/38/EC** » Tue Oct 30, 2012 12:06 pm

a.s.b.o wrote:
Directive/2004/38/EC wrote:If you are travelling with or joining your EU spouse, then it is very clear.
so at any moment in time one can seek to 'join the eea spouse/relative'? a letter in possession would suffice?!

I am not sure I understand your questions

a.s.b.o · Post by **a.s.b.o** » Tue Oct 30, 2012 1:14 pm

Directive/2004/38/EC wrote:
a.s.b.o wrote:
Directive/2004/38/EC wrote:If you are travelling with or joining your EU spouse, then it is very clear.
so at any moment in time one can seek to 'join the eea spouse/relative'? a letter in possession would suffice?!
I am not sure I understand your questions

I imply that any travel within EU be justified by the 'joining the spouse' clause, i.e. at any moment, when i seek entry into uk, i am joining the partner. so, if rightly leveraged, one can manage without a schengen visa

Post by **Directive/2004/38/EC** » Tue Oct 30, 2012 2:05 pm

a.s.b.o wrote:I imply that any travel within EU be justified by the 'joining the spouse' clause, i.e. at any moment, when i seek entry into uk, i am joining the partner. so, if rightly leveraged, one can manage without a schengen visa

But if you are entering the UK, a schengen visa is 100% irrelevant. Not sure if I understand. Are you talking about http://eumovement.wordpress.com/2010/08 ... to-travel/ ?

Post by **Jambo** » Tue Oct 30, 2012 3:40 pm

I believe a.s.b.o is suggesting that the non-EEA national can travel visa free as much as he wants by claiming that the EEA national is waiting for him at the destination (even if not true).

I suspect this approach will not get you far. Probably not further than the check in counter at the airport. Without a proper visa (or travelling together) I doubt the airline staff will let you board the flight. Also, the IO on arrival may want to check the claim that the EEA national is already in the country.

Better to get a visa.

swish · Post by **swish** » Wed Nov 07, 2012 1:28 pm

Directive/2004/38/EC wrote: If you are travelling with or joining your EU spouse, then it is very clear.

Does anyone know what would satisfy the IO that you are actually returning to your spouse back home. Would a signed letter with dates etc be enough? Does anyone have a link or more information on this?

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EEA Family Permit - New travel rules?

EEA Family Permit - New travel rules?