Non EU national, resident in Spain, married to EU national, travelling to UK

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04 Dec 2016 10:10 AM by johnzx Star rating in Spain. 5242 posts Send private message

Posted only to assist those in a similar situation who might like to know what happened in our case.
 
Last week we arrived at Malaga airport to take a flight to London.  Passport control checked my wife’s Philippines passport and her Residencia Card, then checked my Passport (the Irish one, I have dual nationality)  and my out of date Residencia (expired 2007).

The rules mean one must prove the non EU national is the spouse of an EU national. 
 
That is not all that straightforward. In my case the expired Residencia bore my NIE,  finger print and photo. My wife’s resdencia showed she was the wife of John xxx, with NIE xxxxx.   Producing almost any other document cannot strictly prove the relationship.  Example:  A marriage cert only shows one person, Sheila Brown,  is married to a John Smith, but it does not prove that either person is in fact that particular individual, only that they have the same name as that person.
 
At the board desk the EasyJet staff member checked the documents previously produced, plus the marriage certificate. I also produced a copy of the info on the UK Gov web page.   The staff member said she was satisfied but  had to call another person. That person never came to the desk, however, after waiting around 20 minutes, the person spoken to on the phone presumably approved  our eligibly and we were allowed to board.
 
At Gatwick the immigration checked our passports and my wife’s Residencia. My wife’s passport was stamped permitting a 6 month stay. It took a minute or two and was very friendly.
 
Returning.  At Gatwick the only time we produced our passports was at the boarding desk.  We were asked if my wife had a visa,   When we showed her Residencia we were immediately allowed to board.
 
Arriving in Malaga both mine and my wife’s passports were inspected and photocopied, hers was stamped.
 

 


 


This message was last edited by johnzx on 04/12/2016.



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04 Dec 2016 2:07 PM by Elsietanner Star rating in Alicante & New York. 164 posts Send private message

Elsietanner´s avatar

An interesting post. I am never confident how ''Entering the UK as the holder of an Article 10 residence card'' will be applied by either airline staff or immigration authorities. It could be luck of the draw on the day.



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04 Dec 2016 3:12 PM by johnzx Star rating in Spain. 5242 posts Send private message

Elsie

I did email them and argue the point. I wanted a firm confirmation. They eventually  more or less accepted they would allow my wife to board.  Some months ago I got a similar undertaking from BA.

As for UK Immigration, the UK Gov page (as below) sets out UK law so I did not anticipate any problem with them.

However, as I said proving my wife was my wife was easier as we have NIEs and I still.have my expired in 2007 Residencia.   It was accepted without any problem

http://www.gov.uk/government/publications/entering-the-uk-as-the-holder-of-an-article-10-residence-card/entering-the-uk-as-the-holder-of-an-article-10-residence-card

 


This message was last edited by johnzx on 14/01/2017.



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14 Jan 2017 5:57 PM by johnzx Star rating in Spain. 5242 posts Send private message

Elsietanner    It could be luck of the draw on the day.

Hi Elsie. 

I just noticed I did not comment on that. 

I was pretty sure, with 30 years experience as a police detective, and the legal training required to understand law and legal proceedues,  I would be able to persuade the airline desk that the Directive was the law, which I did,  so 'luck' did not come into it.     

 

Best regards to those who will be able to travel to UK as a result of the Directive.

 


This message was last edited by johnzx on 14/01/2017.


This message was last edited by johnzx on 14/01/2017.



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13 May 2017 7:12 PM by BREXIT Star rating. 41 posts Send private message

I presume this entitlement will end soon and a visa will be required to enter UK. How will we know when? and will it be a case of back to 3 month personal  appointment at Madrid UK Consulate because Alicante cannot be bothered?.

I fear the airlines may jump the gun on this one!

 


This message was last edited by BREXIT on 13/05/2017.



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13 May 2017 8:08 PM by johnzx Star rating in Spain. 5242 posts Send private message

As I understand it,  at present the intention of UK is to adopt almost all the UK/Euro laws, lock stock and barrel,  into UK law (Great Repeal Bill ).    If that is so , then it may be that the existing situation will continue for some years. Or maybe the UK will just adopt the law on that,   as it is now. 

  The only thing for sure now is,   no one knows what will happen with Brexit.

.


This message was last edited by johnzx on 15/05/2017.



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