Less than 3 month validity on an Australian passport with ILR

[pxena]

Hi

If someone could enlighten me with the rules/law on this issue once and for all. As everybody I ask, every airline, & every consulate gives me a different answer but there's got to be one rule that trumps all right?

So my question is two-fold actually, as to what is the correct rule for travelling within eu on a non-eu passport with ILR, in terms of document validation period & does the airline rule trumps it all?

I remember reading in the guardian about a case just last year when a British passport holder with less than 3 month validity was denied boarding for travelling within EU by BA.

BA said they require 6 month passport validity. Well turns out they were wrong but refused to compensate the passenger until The Guardian stepped in and they indeed then compensated the passenger & apologised on behalf of the misinformed check in staff.

Now I may have wrongly assumed (I'm sure I read it somewhere) that the same rules would apply to a non-eu passport holder with permanent residence (ILR) in the UK and having less than 3 months validity left on the passport. (I have an Australian passport with ILR)

Ryanair refused me boarding just yesterday saying I need min 3 month validity to fly to Spain. They didn't say if it was because I hold an Australian passport or the same rule applies to British passport holders too who flies with them.

Now my question is two-fold actually, as to what is the correct rule for travelling within eu on a non-eu passport with ILR in terms of document validation period & does the airline rules trump it all?

So e.g. even if that country's consulate says that you can travel with a document as long as it's valid for the period your travelling for but the airline says no our policy is different, what are our rights and can such a decision be appealed?

Please enlighten me with your insights and knowledge on this topic.

Many Thanks

[zimba]

Ryanair refused me boarding just yesterday saying I need min 3 month validity to fly to Spain. They didn't say if it was because I hold an Australian passport or the same rule applies to British passport holders too who flies with them.

This has nothing to do with ILR as ILR is irrelevant for EU travel.
For a non-EU citizen, the passport validity shall last until at least three months after the intended date of departure from the territory of the EU Member States
https://ec.europa.eu/home-affairs/what- ... 0717_01_en

However, for the EU citizens (e.g British citizens) you can travel to the EU until the passport expiry date
https://www.gov.uk/foreign-travel-advic ... quirements

[pxena]

Thank you zimba88 for making the ILR matter clear.

I've just spoken to Ryanair & they maintain that even the British passport holders travelling with them to EU destinations require 3 month validity on passport.

We know that that in fact is incorrect. So, in that case I guess airlines rules win even though that should be based on the laws applied by the country you intend to visit. Because they will refuse you boarding otherwise, losing you money & ruining your holiday/trip. Yes you may take legal action against them and win but what a long and stressful process that would be, for something that shouldn't have happened in the first place.

So I guess the lesson in all this is: no matter what passport you hold, have at least 3 months validity on it even for travelling within Europe. I believe for some countries outside of EU, that period extends to 6 months (like Singapore).

[secret.simon]

As zimba88 has stated, ILR is a status that is purely domestic to the UK. While within the UK you have almost all the same rights as a British citizen, ILR does not confer any advantage when travelling in the rest of the EU (or indeed the world).

For any travel outside the UK, you need to meet the same requirements as that of an Australian passport holder.

Here is the Timatic data (used by most airlines, but not Ryanair) listing the visa requirements for your situation.

This Timatic page suggests that British citizens can enter Spain even with an expired passport upto within a year of passport expiry.

[zimba]

We know that that in fact is incorrect. So, in that case I guess airlines rules win even though that should be based on the laws applied by the country you intend to visit. Because they will refuse you boarding otherwise, losing you money & ruining your holiday/trip. Yes you may take legal action against them and win but what a long and stressful process that would be, for something that shouldn't have happened in the first place.

So I guess the lesson in all this is: no matter what passport you hold, have at least 3 months validity on it even for travelling within Europe. I believe for some countries outside of EU, that period extends to 6 months (like Singapore).

Well EU citizens should not have any problem as stated above. Airline might make mistakes there
However Ryanair was correct to refuse to let you board and fly to Spain as per EU rule and given that you are a non-EU citizen