Spouse entry on border

[bookerw100]

Hi not question but thought I will share something that recently happened with a friend of a friend.

The person sponsoring their spouse is EU citizen and their spouse of course non-EU. After multiples failed applications to obtain spousal visa, the EU citizen just brought their married partner to Dover via the ferry from France ( the spouse had a Schengen tourist visa ).

The UK authorities held them for 7-8 hours and granted entry to the spouse based on the EU citizens' human right to private and family life.

Ever heard of something like that?!

[CR001]

Stamp 1A on entry as a spouse of EU citizen yes, many do this, nothing new.

[bookerw100]

really?! SO can a British citizen also do that given they are still technically EU citizen as well.

[CR001]

really?! SO can a British citizen also do that given they are still technically EU citizen as well.

No they cannot. A British citizens is NOT considered an EU citizen in the UK, just like a German citizen is NOT considered an EU citizen in Germany. Domestic immigration rules will apply.

The ONLY exception for a British citizen is IF they have moved the 'centre of their life' to another EU state and exercised treaty rights there for a few months maybe a year with their non EU spouse and then return to the UK under the Surinder Singh EEA/EU rules, the door to which is soon closing due to Brexit.

[bookerw100]

Interesting. Sounds like a grey area to me. Obviously after BRexit it will be clearer. but as it stands looks like this rule can be interpreted to include British national in this too.

Also apparently the spouse got staright away an indefinite leave to remain. So they saved all the visa costs.

[CR001]

Interesting. Sounds like a grey area to me. Obviously after BRexit it will be clearer. but as it stands looks like this rule can be interpreted to include British national in this too.

No it does not. It only applies in the very specific circumstance I have stated. If you live and work in the UK as a BC and think of trying this to circumvent the more strict spouse visa route, it will not work.

Also apparently the spouse got staright away an indefinite leave to remain. So they saved all the visa costs.

Unlikely. They would still require 5 years residence before they can apply for Permanent Residence under the EEA rules or the pre-settled status etc after Brexit. The 'friend's partner' will likely still have to apply for a 5 year residence card, which can take up to 6 months to process, provided the EU partner is a qualified person exercising treaty rights.

Applications under the EEA rules are substantially cheaper regardless of which way it is achieved. Family Permit outside the UK issued free of charge. Residence Card for 5 years is £65 as well as £65 for Permanent Residence.