Travelling to Europe with ISD

[Ken G]

Can you please advice if i can travel to Nertherlands with my spouse (dutch national) using an Immigration Status Document with Residence Card affixed to it? I dont have a passport and have applied for a new one but it is taking way longer than anticipated. We have bought aur ferry tickets for 2 weeks time but are unsure of the travel documentation. Stena Line website only says that some form of photo ID is advisable.

I havent been to NL before and this will be the first time. I am a pakistani citizen with an RC valid until 2015. I have got a Pakistani drivers liscence and confirmation from high commission that i have applied for a passport and that the relevant security checks have been carried out before the passport issuing process is begun.
Your replies to this will be greatly apprecited.

Regards

Ken G

[Directive/2004/38/EC]

Is the ferry going to the Netherlands?
Where did you get married?

http://eumovement.wordpress.com/2010/08 ... to-travel/ discusses travel without a visa. But if you read the MRAX decision carefully, it says:

a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties

To my reading, you seem to fit right into the requirements of MRAX.

If you do decide to travel, you should be VERY sure to carry your marriage certificate and as much "ID" that can establish your identity as possible. Do you have anything official from the UK, in addition to your RC?

If you were flying, taking advantage of MRAX would be very difficult. But ferry might work. Be sure to get to the ferry dock early. And do not plan anything important immediately after arrival of the ferry.

Also important: Since your wife is Dutch, it is very important to bring evidence that she has been working in the UK. Pay slips, tax returns, ... You should also read and print http://eumovement.wordpress.com/2007/04 ... ional-law/ to understand the legal basis for your wife bringing you back to the Netherlands.

I personally do not think there is much downside to trying, but you will have to be both well educated and patient in the face of slowdowns. And I would guess that you will not have any major problems.

[Ken G]

Thank you Directive. Very helpful advice. I will print it off.
We were married in UK earlier this year and yes we both have plenty to prove excercising treaty rights. I have work ID as working for a local authority and letter from UKBA.
Will do a test run and let you know how it went.

Regards
Ken

[Directive/2004/38/EC]

You should be very careful to note that you have a Residence Card for the family member of an EU citizen. It just happens to be in a particular way by UKBA (namely on an ISD), but fundamentally it is a Residence Card.

Read through all that stuff carefully. Ideally both you and your wife should. And then come back with any questions you might have. Better to know it very well before you do this.

Does the ferry go directly to the Netherlands?

[Ken G]

Yes, this is a residnce card for family memvber of EU citizen on an ISD which bears my photo and usual security features. I am familiar with MARAX but dosent hurt to read it thoroughly again.
Yes, the ferry goes from harwich to Hook of Holland direct and Harwich officers seems to have no problem with this document when i last enquired.

[Prawo]

The problem you can face is Dutch will say the trip of your Dutch wife to her home country means Directive 2004/38/EC does not apply.
Should you face this problem lack of the passport will prevent you from entering the country.

In my opinion however Directive 2004/38/EC applies given you are travelling together (do take the marriage certificate).

If they allow you to get on the boat more than half is won.
Should you be refused entry I can get a court order normally with 24 hours allowing you in.
If you want you could send me your documents beforehand by e-mail so I can take a look at them and haver everything at hand should there occur a problem arriving at Hoek van Holland.
You can find my details on www.prawo.nl

[Directive/2004/38/EC]

The problem you can face is Dutch will say the trip of your Dutch wife to her home country means Directive 2004/38/EC does not apply.
Should you face this problem lack of the passport will prevent you from entering the country.

If the Dutch border guard claims that European law does not apply, then the traveling family needs to calmly but firmly point out to the senior border guard that the case of Surinder Singh (Case C-370/90) (worth printing!) does allow them to be covered by EU free movement law.

Get any refusal to enter the country in writing and have them write detailed reasons why they are refusing to admit you. Be sure that the refusal mentions that your NL wife was there and that you presented a marriage certificate. It will make it easier to claim compensation later.

[Directive/2004/38/EC]

In which country did you marry? Is it a civil wedding or a religious wedding?

[Prawo]

Get any refusal to enter the country in writing and have them write detailed reasons why they are refusing to admit you. Be sure that the refusal mentions that your NL wife was there and that you presented a marriage certificate. It will make it easier to claim compensation later.

A refusal should always be given in writing.
It makes an appeal possible even at the moment you are at the border. And you can wait 24 hours for the decision and do not have to go back with the boat.

[Ken G]

Thank you for your valuable comments. I got married in London and it was at a registrar's office. We hold an official UK marriage certificate.

[Directive/2004/38/EC]

Thank you for your valuable comments. I got married in London and it was at a registrar's office. We hold an official UK marriage certificate.

Super! Be 100% sure to bring it when you travel.