Family visit to UK from Non EU permanent resident

[Daz111]

Hello all,

Hope i am posting to the right area. My wife's sister who has a permanent family residency card from Belgium wishes to visit us in UK for 2 weeks with her EU husband. It states on her residence card that she is permanent resident of family member of EU citizen. But there is no mention of article 20 or 10 on her residence card. I just want to clarify whether she needs to apply for a family permit before coming to UK to visit us or can she just present her passport, marriage certificate and residence card at the border?

Regards

[ribena]

It depends on the passport she is holding, not residence card issued by Belgium.

Which passport does she has?

[Daz111]

Hi Ribena,

She has a Moroccan passport.

Regards

[ribena]

https://www.gov.uk/government/uploads/s ... t_2017.pdf

[Daz111]

Thanks for the link. does this mean she has to apply for visa even though she has Permanent residency in Belgium as family member of EU? She needs a visa even though she travelling with EU husband? I am assuming if she has to apply for visa its the EEA family permit visa and its free of charge?

[ribena]

I don't believe EEA FP can be used as a 'visitor visa'.

Can your sister in law get in touch with Moroccan's embassy/consulate in Belgium to find out more?

[Daz111]

Why does she need to get in touch with the Moroccan Consulate? Wouldn't it be the British consulate in Belgium?

[Rumplestiltskin]

Hi Ribena,

She has a Moroccan passport.

Regards

Hello !

Dont get confused further !

Apply for EEA FAMILY Permit as both are travelling together.

EEA FAMILY PERMIT IS FREE.

https://www.gov.uk/family-permit

[vinny]

If a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.

[Daz111]

Thanks for clarifying Rumplestiltskin and Vinny.

I visited the site and unsure if she has to apply using visa4uk website or TLS, or is it just on .gov website. Also on .gov when i click on apply i only see option for Standard Visitor visa. Is that the EEA family permit visa?

Thanks for your help

[vinny]

No. A standard visitor visa is not an EEA Family Permit.

[vinny]

Hello all,

Hope i am posting to the right area. My wife's sister who has a permanent family residency card from Belgium wishes to visit us in UK for 2 weeks with her EU husband. It states on her residence card that she is permanent resident of family member of EU citizen. But there is no mention of article 20 or 10 on her residence card. I just want to clarify whether she needs to apply for a family permit before coming to UK to visit us or can she just present her passport, marriage certificate and residence card at the border?

Regards

Actually,

Another document, “Permanent Residence Card of a Family Member of a Union Citizen” issued under Article 20 of the Directive is also acceptable.

Documents issued on any other basis, for example (biometric) residence permits issued under the national law of another Member State are not acceptable and do not exempt the holder from the requirement to obtain an EEA family permit.

Which type does she have?

[Daz111]

Thanks Vinney,

Not sure which type. But i cannot see the words Article 10 or 20 written on there. If it was issued under Article 20 will the words "Article 20" be written on her Residency card? If there is no requirement for that does that mean she can come to visit without EEA permit?

"A valid, genuine Article 10 (or Article 20) residence card allows the non-EEA national family member of an EEA national to travel to the UK without the requirement to obtain an EEA family permit."


https://www.gov.uk/government/publicati ... dence-card

[vinny]

What nationality is her EU husband?

[Daz111]

Her husband is a Belgian national.

It basically just has these words:


"Permanent Residence Card of a Family Member of a Union Citizen" written in French

[vinny]

The wording looks okay. Was he previously living with her in another EU country prior to moving back?

[Daz111]

No they have lived in Belgium since they have been married. Probably 10 years now.

Regards

[vinny]

It doesn’t sound like she has been exercising treaty rights under the Directive. But I not sure how anyone could know, from the wording on the card.

[vinny]

Anyway, they have the initial right of residence in the UK for 3 months. She may also enter the UK with him under 11(4).

[Daz111]

Thanks for the help.

She only wants to visit us with her husband for 2 weeks then head back to Belgium. So does this mean she doesn't need EEA permit? Or is it better to apply for one just be sure?

[vinny]

It’s her choice. An EEA Family Permit may help facilitate her entry to the UK. Else, they may want to see her marriage certificate, etc., at the port of entry.

[Daz111]

Cheers for the help. Am i right in thinking that if she comes without EEA family permit and comes with just marriage certificate, etc to the border, then she needs to translate her marriage certificate to English and get it legalised in Moroccan embassy in Belgium? They got married in Morocco.

[Rumplestiltskin]

Thanks for the help.

She only wants to visit us with her husband for 2 weeks then head back to Belgium. So does this mean she doesn't need EEA permit? Or is it better to apply for one just be sure?

Too many mouth / too many words !

Keep things sweet & simple and PREVENT HIM FROM ALL UNNECESSARY INTIMIDATION / SO ::::::::: APPLY FOR EEA FAMILY PERMIT

( CAPITALS ARE ONLY FOR " EMPHASISING " not to appear as shouting or screeming at anyone )

EEA Family permit is free! So why all legal bullshit ??? Why not apply for EEA FAMILY PERMIT & keep things sweet & simple ?!

Good luck.

[Rumplestiltskin]

Thanks Vinney,

Not sure which type. But i cannot see the words Article 10 or 20 written on there. If it was issued under Article 20 will the words "Article 20" be written on her Residency card? If there is no requirement for that does that mean she can come to visit without EEA permit?

"A valid, genuine Article 10 (or Article 20) residence card allows the non-EEA national family member of an EEA national to travel to the UK without the requirement to obtain an EEA family permit."


https://www.gov.uk/government/publicati ... dence-card

If its 5 years Residence Card of family member of Eea national then its ARTICLE 10 RESIDENCE CARD.

if its Permanent residence card with 10 years period then its ARTICLE 20 RESIDENCE CARD.

[Rumplestiltskin]

Thanks for clarifying Rumplestiltskin and Vinny.

I visited the site and unsure if she has to apply using visa4uk website or TLS, or is it just on .gov website. Also on .gov when i click on apply i only see option for Standard Visitor visa. Is that the EEA family permit visa?

Thanks for your help

https://www.visa4uk.fco.gov.uk/account/register

I think its where you need to apply. You are not required to carry Translation of Marriage Certificate ?! Did he or she get certificate Translated to Dutch when she applies for Residence Card ?? U will have to answer your own question , I guess.


FYI

eea-route-applications/eea-family-permi ... 67795.html