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Article 10 or 20 Residence Card to enter UK and remain?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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BritGirl1
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Article 10 or 20 Residence Card to enter UK and remain?

Post by BritGirl1 » Thu Mar 02, 2017 2:31 pm

Hi all, is this still a valid route? I am Brush and my Canadian husband has an Article 20 residence card in Germany.

Is using an Article 10 or 20 residence card to enter the UK and stay a valid option or is it only really for visiting?

I hear differing views that you can use one to enter and remain but other people say you will have big problems at the border and in any residence card application...

Thanks.

BritGirl1
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Re: Article 10 or 20 Residence Card to enter UK and remain?

Post by BritGirl1 » Fri Mar 03, 2017 3:26 am

Anyone?

Ps Brush in my original post should read British!

secret.simon
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Re: Article 10 or 20 Residence Card to enter UK and remain?

Post by secret.simon » Fri Mar 03, 2017 10:30 am

An Article 10 or Article 20 Residence Card issued by another EEA member-state can be used to enter the UK.

The validity of such card may be granted by EU law, but its validity only extends to the territory of the member-state that has issued it. So, to reside in the UK, your husband should get an Article 10 Residence Card in the UK.

While his right to reside in the UK under EU law is automatic based on his marriage to you, it is not apparent, because you are a British citizen and British citizens cannot normally sponsor their spouses under EU law. Your case is a Surinder Singh case and it would be best for your husband to apply for a British Article 10 Residence Card asap after arrival in the UK.

Also see Regulation 9, the applicable part of the EEA Regulations.

Be aware that if he is absent from Germany for more than two years, his German Article 20 card will expire.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

BritGirl1
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Re: Article 10 or 20 Residence Card to enter UK and remain?

Post by BritGirl1 » Sat Mar 04, 2017 3:13 am

Thanks secret.simon.
So we can enter the UK together, with him using his using Article 20 residence card from Germany and then apply for UK residence card once we are there.

Should we say we he is just entering for 6 months? I would assume if we say we are entering the UK to remain, there may be some problems...

linque28
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Turkey

Re: Article 10 or 20 Residence Card to enter UK and remain?

Post by linque28 » Sun May 20, 2018 10:32 pm

Hi I am from turkey and my wife is from Austria and we live in austria. ı have residence permit residence card in Austria .I want to ask do I need a visa for UK for short term touristic? I heard that if I have a article 10 or 20 Residence Card of a Family Member of a Union Citizen”. I can go to UK. so How can I get Residence Card of a Family Member of a Union Citizen? article 10 or 20 ? please help friends thanks

angelinaballerina
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Re: Article 10 or 20 Residence Card to enter UK and remain?

Post by angelinaballerina » Fri Dec 21, 2018 12:41 pm

Hello, fresh information as of today December 21, 2018. I was refused to board the plane Nice-London with all the right paperwork - french family member permit, british husband and daughters, russian passport. We lost easyjet tickets. Then my husband booked the 3 of them on BA, but i was still not allowed on. And i already traveled with jet2com Nice-Leeds in August 2018! So that means nothing. You know what, yes i would sue easyjet coz i am in my rights, but that doesn't help, does it? The first thing i am doing is applying for a visa in Paris for next time! Merry Christmas for everybody, not so much so for me..,

goodpartner
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Ukraine

Re: Article 10 or 20 Residence Card to enter UK and remain?

Post by goodpartner » Fri Dec 21, 2018 2:18 pm

angelinaballerina wrote:
Fri Dec 21, 2018 12:41 pm
Hello, fresh information as of today December 21, 2018. I was refused to board the plane Nice-London with all the right paperwork - french family member permit, british husband and daughters, russian passport. We lost easyjet tickets. Then my husband booked the 3 of them on BA, but i was still not allowed on. And i already traveled with jet2com Nice-Leeds in August 2018! So that means nothing. You know what, yes i would sue easyjet coz i am in my rights, but that doesn't help, does it? The first thing i am doing is applying for a visa in Paris for next time! Merry Christmas for everybody, not so much so for me..,

It is very strange decision made by airlines. Can you please put all circumstances here as it can be important for others.

Mb, the problem is that you have old version of article 10/20 card, as I know sometimes airlines refuses to board with old version (non-plastic cards) but where vignette in passports.

Because, my friend, she uses Wizz air, and she flies in and out all the time..

Thabks

angelinaballerina
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Re: Article 10 or 20 Residence Card to enter UK and remain?

Post by angelinaballerina » Fri Dec 21, 2018 2:32 pm

This is a recent plastic 5 year french permit. The problem is, they didn't even have a look at it. No visa- you don't come in.
My advice, don't chance it.

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