Can EU resident card holders visit home of family member (UK)

[Noz03]

I've been stuck on this problem for literally more than a year and can't find the answer. Including posting here in the UK forum before without any luck (previous thread: general-uk-immigration-forum/can-eu-res ... 37126.html). I've tried calling embassies and spent countless hours looking for the answer online, but nowhere can I find a concrete answer regarding my situation. Many people have said that they "think" it should be ok, however "thinking" isn't really good enough to plan a trip.


So I hope it is ok if I ask one last time and hopefully someone can give me some solid information, and if at all possible with sources to confirm it.

So I am a UK citizen married to a Turkish citizen. So of course under normal circumstances my wife would need to apply for a visa. However, we both moved to and live together in Germany where she now has a 5 year residence permit for EU family members.

Of course, as my family member she can travel to any EU country with me, but as far as I know this does not automatically apply to the country where I am from, which in this case is the UK. But as an EU residence card holder, does she not also gain the right to travel to other EU countries? Or is this just for EU CITIZENS?

Does anyone know the answer to this question? Can she (we) just show up there, or do we need to go through the complicated, time consuming and expensive visa process for a visiting family member's visa?

[secret.simon]

Of course, as my family member she can travel to any EU country with me, but as far as I know this does not automatically apply to the country where I am from, which in this case is the UK. But as an EU residence card holder, does she not also gain the right to travel to other EU countries? Or is this just for EU CITIZENS?

As the holder of an Article 10 (Family Member) or Article 20 (Permanent Residence) Residence Card, your spouse can travel either accompanied by you or to join you in any other EEA member state, including the member state of which you are a citizen. So, she can use it to enter the UK provided she is either travelling with you or to join you.

However, the right to travel is restricted to when she is traveling either with you or to join you within the EEA. The Residence Card does not vest an independent right of travel on her. It is, as you put it, only for EEA citizens.

Be that as it may, given that she is resident in the Schengen zone, she is free to travel within the Schengen zone anyway. It is only when entering the UK and Ireland that her Residence Card is likely to be checked.

Also see: Travel documents for non-EU family members : Do they need a visa?

[Noz03]

Of course, as my family member she can travel to any EU country with me, but as far as I know this does not automatically apply to the country where I am from, which in this case is the UK. But as an EU residence card holder, does she not also gain the right to travel to other EU countries? Or is this just for EU CITIZENS?

As the holder of an Article 10 (Family Member) or Article 20 (Permanent Residence) Residence Card, your spouse can travel either accompanied by you or to join you in any other EEA member state, including the member state of which you are a citizen. So, she can use it to enter the UK provided she is either travelling with you or to join you.

However, the right to travel is restricted to when she is traveling either with you or to join you within the EEA. The Residence Card does not vest an independent right of travel on her. It is, as you put it, only for EEA citizens.

Be that as it may, given that she is resident in the Schengen zone, she is free to travel within the Schengen zone anyway. It is only when entering the UK and Ireland that her Residence Card is likely to be checked.

Also see: Travel documents for non-EU family members : Do they need a visa?

Thanks for your reply, it is definitely what I want to hear. I also wasn't aware that the article 10 residence card had more rights than some residence cards. But are you certain that this will also apply to the UK?

"They have an EU family member's residence card issued under EU rules by any EU country (except the country you are a national of), and they are travelling together with you or travelling to join you in another EU country. The residence card should clearly state that the holder is a family member of an EU national."

It seems to say article 10 residence permits give permission to all EU countries and doesn't mention about my own country being excluded, but especially with the whole brexit drama going on I want to be extra careful before I plan everything

Also, while it does say it is a residence card for family members... It's all in German, and also on a pretty shabby looking green cardboard print out.

[tjavaid1]

Dear Noz03;

I wanted to check whether you made this journey with your wife. How was your experience at the immigration control on arrival in the UK. Did they ask any questions?

Reason I am asking is I would be making a similar journey with my parents ( who have the EU family resident permit) to UK. So any information would be very useful. I am planning to apply for their family permits when we are in the UK rather than outside the UK.

Your feedback would be really appreciated.
BR

[luckyonline]

Hi Everyone,

My situation was exactly same is yours only difference instead of German resident card was irish resident card. Since, lawyers was asking so much money to help out, I had study and learn all the rules and necessary information , finally I have won Tribunal Case in UK and my wife now have UK , Family member of EU resident card (Altough I am UK Citizen) .

About your question, She can travel with you only and at the border, you may need to show your Marriage certificate and some maybe convincing documents (it could be a bill in both names etc) Normally, you should not need all this, but unfortunately UK Border Agency shoot every kind of question and they have right ot say " I am not satisfy with your answer So under immigration rules have right to refuse entry " . However, if you are insist and taking chance to spend few hours or more to explain yourself then you have a chance of success. Normal conditions, resident card alone with your present should be enough. But, to save yourself all these trouble and hassles, Just go online fill EE Family Permit Visa Application ( free of charge) and within 14 days you will receive it. Then just travel with it , just pass through passport and custom. Also, this EE Family Permit is door way to apply to get settle status or resident permit for your wife/husband. Saying that, I recently received my wife Resident Card ( Under Surinder Singh Route for British Citizen Family Members who resided in another EU and returning Home to settle )

Also, EE Family Permit is proof of your status if you decided to settle in UK with your wife/Husband .Basically, you can travel with German EU Family Resident Card to UK , but much easier with EE Family Permit saves you a lot of questions.
I hope this answer helps you out. Trust me now, I have full knowledge of Immigration and EU rules, due I have specificly study these section and rules to make me win Tribunal in UK.

Good luck.