Do stamp EUFam4 need a visa to UK(traveling )

[rockland]

Hi All

I have EUFam4 stamp, my husband has interview in London next month, we want go together, but do I need visa to UK?
Does anyone have these kind information or experience ?

Thankssssssss!

[86ti]

Are you a visa national?

Well, by virtue of EU law you wouldn't but the UK doesn't recognize this part of the law. In principle, IOs should let you in if you can prove your relationship (marriage certificate) at the border but there is no guarantee. I suppose the UK consulate in Ireland would tell you that you should apply for a EEA family permit.

[rockland]

yes, I am a visa national.
My husband is from Germany, I thought that we should bring our marriage certificate with us, but I believe that there is no guarantee. even we have trouble with German IOs.
he just got interview in London at 04/06, I really don't I have enough time to apply my visa. But how can I apply EEA family permit? in cause he get job offer

[Ben]

May I assume you shall be flying from Ireland?

If so - relax. UK Immigration Officers are not present to check inbound flights from Ireland, as they treat such flights as domestic. You simply walk out of the airport.

In any case, Article 5(2) of Directive 2004/38/EC says:

2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.

Your Stamp 4 EUFam card is a Residence Card referred to in Article 10.

[86ti]

If so - relax. UK Immigration Officers are not present to check inbound flights from Ireland, as they treat such flights as domestic. You simply walk out of the airport.

I was wondering about that. I thought UK's HO announce that they wanted to introduce checks beginning from this year. And as far as I know the Irish do check (ok that's besides the point here).

[Ben]

I was wondering about that. I thought UK's HO announce that they wanted to introduce checks beginning from this year.

I didn't hear that myself. They certainly haven't started doing so, in my experience, early this month.

And as far as I know the Irish do check (ok that's besides the point here).

Yes, that's right. 100% checks at all Irish points of entry (person entering by sea, driving an Irish reg vehicle, *usually* excepted).

[86ti]

I was wondering about that. I thought UK's HO announce that they wanted to introduce checks beginning from this year.

I didn't hear that myself. They certainly haven't started doing so, in my experience, early this month.

I found the info on Wikipedia. But it appears that's off the table.

[Directive/2004/38/EC]

There is no 100% guarantee, but I would say they are 99.9% likely to let you in if you have 4EUFam stamp (which proves you are covered by EU law), are travelling with your husband, and have your marriage certificate with you (in a language the immigration people understand). You need to be firm and it may take a bit more time to clear than it would if you had the visa already.

Remember that they are legally required to let you in, even if you do not have the right visa, if you can prove your family relationship with the EU citizen and are travelling together.

If you are a national security risk (e.g. terrorist or avowed violent anarchist), or are very sick with a contagious disease, or are going to cause mass public upset by your particular presence in the UK, then they can refuse you entry. But most people who have 4EUFam do not fall into these categories, and I suspect you do not fall into these categories.

The problem may be getting onto the airplane in Dublin.

[86ti]

There is no 100% guarantee, but I would say they are 99.9% likely to let you in if you have 4EUFam stamp (which proves you are covered by EU law), are travelling with your husband, and have your marriage certificate with you (in a language the immigration people understand). You need to be firm and it may take a bit more time to clear than it would if you had the visa already.

Remember that they are legally required to let you in, even if you do not have the right visa, if you can prove your family relationship with the EU citizen and are travelling together.

See 5.5 in 'EEA Nationals & their family members' of the Border force operations manual.

If you are a national security risk (e.g. terrorist or avowed violent anarchist), or are very sick with a contagious disease, or are going to cause mass public upset by your particular presence in the UK, then they can refuse you entry.

Not to forget if they suspect something is wrong with the documents.

[Directive/2004/38/EC]

From the UK Border agency document

It must be noted that the only grounds on which a family member can be refused admission other than if divorce/termination by absolute decree has occurred, is if the criteria for proving a marriage or civil partnership of convenience are met.