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help please

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

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bruno62alvera
Newly Registered
Posts: 1
Joined: Sun Aug 12, 2018 1:02 pm
Spain

help please

Post by bruno62alvera » Sun Aug 12, 2018 1:13 pm

hi
I'm new on this board
I'm a Spanish citizen and married to non-eu national from india
my question is can I go to UK with her without any visa
she has her
passport
residence card which clearly says residence card of a family member of a union citizen
it's issued in Spain
so I'm confused on article 10
and secondly there will be no problem with airlines right?
what should I do
do they check and think about my nationality and card issued country or just bottom line
any experience with any one?

I see in one thread before that Italian son fly with mom to UK without any problem with Italian issued card

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: help please

Post by kamoe » Wed Sep 12, 2018 4:41 pm

bruno62alvera wrote:
Sun Aug 12, 2018 1:13 pm
I'm a Spanish citizen and married to non-eu national from india
my question is can I go to UK with her without any visa
she has her
passport
residence card which clearly says residence card of a family member of a union citizen
According to the official Home Office site, the answer to your question is that she does not need a visa. I did a simulation here: https://www.gov.uk/check-uk-visa answering the questions with the information you provide here (Indian national, traveling with EEA husband, with article 10 card). But please do the test yourself!
and secondly there will be no problem with airlines right?
Now, this is the real problem.

The fact that legally she can be admitted to the UK without a visa because of her special article 10 circumstances, does not mean the airline is going to apply the same policies as the border control officer.

Some airlines have very strict rules regarding who they admit on board. Sometimes they require passengers to have valid visas to the destination country, just to make sure they won't need to repatriate any passenger they wrongly admit on board. I know a horror story of a friend who was not allowed to board a plane because, even though his final destination was his own home country, and he had all the tickets to prove this, the first plane he was boarding was going to Spain. He was only going to do a flight transfer in Spain, and not leave the airport, which officially people are allowed to do as long as their final destination is a country where they are legally admitted (which in his case was obvious). But because he did not have a visa for Spain the airline did not let him board the first plane, and he had to stay at the airport and book an expensive direct flight home the next day. True story.

I would say, either check and double check with the airline that this is not a problem, or simply have her apply for a UK tourist visa. Better safe than sorry.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: help please

Post by kamoe » Wed Sep 12, 2018 5:28 pm

Just to add that if you travel with a major airline, the above is likely not a problem. It's low cost, small-print airlines that are the problem. Again, better to check directly with them. :wink:
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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