Enter UK with Article 10 - Should I email Immigration first?

[mattk1]

Hi everyone,

My wife and I currently live in Spain and are due to fly to the UK in September.

She has her Article 10 Spanish residence card as family member of an EU citizen (I'm British) and will be entering with that as per the guidance on the Gov.uk website.

Even though I know my rights, I'm concerned that the immigration officers in the UK will hold us up if they are unaware of this right (having read some stories from others who have done this).

Our flight arrives at 1:30am and we will have 2 young kids with us so I need things to go as smooth as possible.

My question is, do you think I should contact the immigration department of the airport we arrive at and pre-notify them of our arrival, and the fact that my wife can enter with just her Article 10 EU family member residence card (upon showing our marriage certificate)?

Thank you in advance for any input.

[noajthan]

May not do any good (how will you reach the IO who will happen to be on duty that night) but probably won't do any harm.

Presumably you have pored over this:
https://www.gov.uk/government/publicati ... dence-card

See also:
https://blogs.kent.ac.uk/eu-rights-clin ... pril-2015/

[mattk1]

Hi noajthan,

Thank you very much for your fast reply, I am very grateful.

That second link you posted was very interesting and has given me a much greater insight of how the Article 10 issue came about.

Strange though how it still recommends to apply for a Family Permit before travelling. We did consider this but the cost of getting to the office in Madrid (we are nowhere near Madrid) and submitting translated copies of all our documents was just too much, and, ultimately unnecessary by the govs own website.

I will update this thread and let other know how it went.

Thanks again.

[noajthan]

Hi noajthan,

Thank you very much for your fast reply, I am very grateful.

That second link you posted was very interesting and has given me a much greater insight of how the Article 10 issue came about.

Strange though how it still recommends to apply for a Family Permit before travelling. We did consider this but the cost of getting to the office in Madrid (we are nowhere near Madrid) and submitting translated copies of all our documents was just too much, and, ultimately unnecessary by the govs own website.

I will update this thread and let other know how it went.

Thanks again.

Possibly HO shenanigans in prevailing climate.
The Kent article spells it out.

Just carry docs to prove your status/relationship and all should be well

To get inside the head of the IO who questions you at the border, see UK BF OPs manual:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

[Richard W]

To get inside head of the IO who questions you at the border, see UK BF OPs manual:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

Or, rather than look at a document released in 2011, try the version released in 2016:
Dealing with EEA Nationals & their family members released under FOI request Border force operations manual eea nationals.

As far as I can make out from Section 6.6.6, the residence card should only be of use for boarding - the IO should ignore it! I'd still see if he would accept it, rather than immediately getting out the evidence that your centre of life had been transferred to Spain.

[mattk1]

Hi again noajthan,

That is excellent thank you! I will study that document tonight

Have a great day and cheers!

And to Richardw,

Again thanks so much, these forums are so helpful thank to people like you

[rohangk_83]

Hi,

If you have already travelled, could you share your experience with the immigration staff please?
I am also in similar situation (my wife holding article 10 residence card from France) and looking to travel together to UK?

[mattk1]

Hi rohang_83,

Yeah sure I'll post back on here and let you know how it went. I'm a little bit nervous about the whole thing but I do know my rights so I'm hoping there won't be any issues

We don't fly until September 10th, do you fly before then?

[HereBeDragons]

Me three!

I've read a couple of stories of people doing this successfully (sometimes with a mild rebuke from the IO), and a couple of stories of refusals.

I'd be interested to hear any success stories from people that have actually done it, and through which channel (Dover-Calais, flying, which airline, etc.).

[mattk1]

Evening everyone,

Last night my wife and I (plus our 2 young kids) were at the airport for our flight from Spain to the UK using my wife's Article 10 Spanish residence card and her Thai passport, however she was refused boarding because she didn't have a visa, despite the Directive stating she doesn't need one if travelling with her EEA spouse. I even had this printed out but the easyjet supervisor was so rude and completely unwilling to help, leaving us stranded in Spain with two young children late at night and with nowhere to go!

The next day I went back to the airport to try and explain again that they had ignored EU law and that denying my wife boarding was illegal but yet again the different easyjet supervisor was also totally unwilling to help.

I went to check at three other airlines, Ryanair, JEt2 and Monarch and all three said yes their system indicates my wife is allowed to travel visa free with me to the UK. I had to book another flight with Monarch there and then since easyjet customer service helpline told me to email the details and explain what happened and this could take 7-10 days!! The lady gave me an email address of customer.services@easyjet.com yet the email returned as undeliverable! I have since copied the email into their facebook message box and also sent it again through their website complaint form.

My question is, I am now so out of pocket due to their lack of following EU law, Directive 2004/38/EC and I want compensating for it. Can anyone advise of the next steps I should take in order to proceed with this?

Thank you kindly for any advice. As of now easyjet have not replied to any of my messages though it has only been one day.

Thanks guys, I really appreciate any help here

[Wanderer]

Well, in my opinion, as a business EJ have the right not board whoever they like, just like a pub doesn't have to serve a patron they don't want to be patronised by, but then again there is the EU directive.

But the business has a lot to lose if they get it wrong, I believe it's sensible for them to err on the side of caution, and I'm afraid you been on the lovely end of the stick with that, that's why I always advise to get a formal visa, waiving EC this and that directives at the folks on the desk isn't gonna cut it most of the time plus it's just stress-city...

[noajthan]

EJ don't use IATA's Timatic system which would have summarised all passport/visa options in such a case.

But its often down to calibre and training of staff down at the coalface.

Airlines are heavily penalised by governments for getting it wrong and permitting boarding with disorderly documents;
its quite likely staff are (indirectly) dis-incentivised or even actively discouraged to intervene too.

Suggest contact Solvit and go from there.

[noajthan]

Similar recent case:
http://www.immigrationboards.com/eea-ro ... 10980.html

[mattk1]

Thanks for the replies here everyone, I am very grateful.

I will await the 7-10 days to receive a response from easyjet before I commence my next move.

I will also post back to let you know what they say.

Thanks

[mattk1]

Hey everyone,

My wife arrived to the UK with her Article 10 residence card and her passport was stamped with:

'Admitted to the United Kingdom under the Immigration (EEA) Regulations 2006 for - Three months'

I'm British and exercised my treaty rights in Spain and I plan on applying for a UKRC for my wife, does this stamp put any obstacles in the way of that?

Thanks in advance

[Obie]

You must take Easy jet to the cleaners. Make them pay for it, to ensure that this behavior is never repeated.

[mattk1]

Thank you Obie, it is my intention to do so. I will not let them get away with this.

[noajthan]

No, there's always a 3 months grace period as per EU law. After that sponsor needs to be a qualified person if not settled.

As you are a BC, case law of Eind kicks in; no need for treaty rights from you.

[gillacious_505]

Hey everyone,

My wife arrived to the UK with her Article 10 residence card and her passport was stamped with:

'Admitted to the United Kingdom under the Immigration (EEA) Regulations 2006 for - Three months'

I'm British and exercised my treaty rights in Spain and I plan on applying for a UKRC for my wife, does this stamp put any obstacles in the way of that?

Thanks in advance

Hi mattk1,

Many congratulations. Would you please discuss your story? It would be helpful.

[noajthan]

Posts merged.

[mattk1]

Hi noajthan,

Thanks for merging my posts, great idea and it will help people in future to see all the steps and the issues we faced.

To gallacious_505, I'm out at the minute but I will message post back here tonight and update you ok.

Cheers

[mattk1]

No, there's always a 3 months grace period as per EU law. After that sponsor needs to be a qualified person if not settled.

As you are a BC, case law of Eind kicks in; no need for treaty rights from you.

And thanks for clarifying this for me too noajthan, I can not tell you how relieved I am to read that

[noajthan]

No, there's always a 3 months grace period as per EU law. After that sponsor needs to be a qualified person if not settled.

As you are a BC, case law of Eind kicks in; no need for treaty rights from you.

And thanks for clarifying this for me too noajthan, I can not tell you how relieved I am to read that

Take a couple of weeks to settle in then start on EEA(FM) application for spouse's RC.

[gillacious_505]

Hi noajthan,

Thanks for merging my posts, great idea and it will help people in future to see all the steps and the issues we faced.

To gallacious_505, I'm out at the minute but I will message post back here tonight and update you ok.

Cheers

Hi Mattk1,

Still waiting anxiously to hear your story.

Thanks

[noajthan]

Hi Mattk1,

Still waiting anxiously to hear your story.

Thanks

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