UK Entry for a Non EEA national but holder of EEA residency

[mhk2good]

Hi, I need to know if my mother who is a Ukranian national requires Visa to visit the UK. She is and has been permanently resident in the EEA ( Bulgaria) for some 28 years and holds an ID card issued in Bulgaria which confirms she is a Family member of a EEA national. If accompanied by myself ( British/ Bulgarian) can she travel to the UK with the ID card only or does she require a visa.

Thank you for your help

[Einarr]

Hi, I need to know if my mother who is a Ukranian national requires Visa to visit the UK. She is and has been permanently resident in the EEA ( Bulgaria) for some 28 years and holds an ID card issued in Bulgaria which confirms she is a Family member of a EEA national. If accompanied by myself ( British/ Bulgarian) can she travel to the UK with the ID card only or does she require a visa.

Thank you for your help

I am in the similar situation.
I have asked Advice Citizen Bureau about it and they said that if a wife (who is not a citizen of EU but holds residence permit of a EU country) is accompanied by her husband (a citizen of EU) then she does not need any visa or permit to enter the UK.

I also rang the airport custom officer and they told they do not require visa if she is accompanied by the family member. However once she took the flight to the UK, she was not allowed to enter the airport as according to the customer officers, she had had a visa to enter the UK. Then we asked the question in the UK ambassy in Riga/Latvia, and the officer also told she should have a visa in order to enter the UK.

I am quite frustrated and do not understand, whether we need a visa or not. I found in the law:

Right of admission to the United Kingdom
11.—(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State.
(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a)
a valid passport; and
(b)
an EEA family permit, a residence card or a permanent residence card.

According to me it mentions that the visa is not required. But why the officer in Riga ambassy and the custom officer required visa?

[mhk2good]

Hi

I know , it is confusing...Reading the last bit

(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a)
a valid passport; and
(b)
an EEA family permit, a residence card or a permanent residence card.

The last point (2)....states, passport AND EEA family permit..The latter I m not sure if needs to have been issues in the UK for residency in the UK, other then any EEA state....confusing....

[nonspecifics]

The two cases are different.

A wife is automatically a family member of an EEA national and should be admitted to the UK if they can prove they are the family member of an EEA national that is exercising treaty rights in the UK even if they do not have a family permit or they are travelling with the EEA national.

With regard to the mother, I think you didn't explain whose family member she is?

Was it you who sponsored her to get the residence card and PR in Bulgaria?

A non-EEA mother is NOT a family member of that EEA national ( in the legal definition under the EU Directive) unless they can prove they are dependent on that EEA national - and are subject to much more scrutiny.

I think UKBA could exercise discretion either way, but it's risky. However, if you can prove it is you who was her EEA sponsor in Bulgaria because she is your dependent family member then you have more chance of admission.

I've read on here that UKBA has not accepted residence cards issued by other EEA countries which confirmed the person is a family member.

So, it seems they want to decide it for themselves, so what another country decided is irrelevant to UKBA.

[Obie]

Please see the definition of Residence card for the purpose mentioned above.

[nonspecifics]

“residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder’s right of residence in the United Kingdom as at the date of issue;


So Obie, I think what you are saying is the same as me: If the residence card is not a UK residence card, then UKBA won't accept it as proof they are a family member and so would not be automatically entitled to entry?

[Obie]

So Obie, I think what yowiyu are saying is the same as me: If the residence card is not a UK residence card, then UKBA won't accept it as proof they are a family member and so should be automatically entitled to entry?

I dont have any problem with your post. If i had seen it, i would not have posted mine. It appears we posted simultaneously, but yours was a minute earlier than mine.

It is noteworthy that the broader interpretation of Residence Card in the directive which cover all Residence Card issued by other memberstates was not incoporated in the ERA Regulations.

[mhk2good]

Thank you.

It all makes sense now

[nonspecifics]

So, has anyone ever challenged UKBA's definition of residence card in the EEA Regulations arguing that the definition of residence card has been wrongly transposed from the 2004 Directive into the UK's EEA Regulations and residence card should mean a residence card issued under the EU Directive by ANY EEA country?

As the original poster implied, if that were the case, it would save EEA nationals from having to prove again and again that their family member was their family member when they moved from country to country.

[Obie]

What i was stating is Article 5(2) provides for visa exemption for family members who already have a residecne card issued by any memberstate including the host state.

However if someone wants to reside for longer than 3 months, the Residence Card of the Host State will be required.

There has not been any UK caselaw on that issues, probably because UK government will settle the case out of court or it will not be necessary for Family members, because Regulation 11(4) makes provision for visa to be issued at port for spouses and any other family members.

[Directive/2004/38/EC]

There are two things in play here.

Once you get to the UK, then the UK is pretty sure to let you in. Even if you do not have the required visa, then they are required to let you in on the basis of MRAX. See http://eumovement.wordpress.com/2010/08 ... to-travel/ Less evidence required if you are travelling on the basis of your Bulgarian passport. Proof of you working in Bulgaria required if travelling on the basis of your UK passport.

The other, more difficult, part is getting on the airplane. This is a lot more random. Some Stupid do very thorough checks to make sure you have what they expect you to have. And MRAX is frankly too complicated for the Stupid to understand and handle on a ticketcounter by ticketcounter basis.

[Punjab]

National Ukraine (UA) /Residence Bulgaria (BG)
Destination United Kingdom (GB)


United Kingdom (GB)



Passport required.
- Passport and/or passport replacing documents must be valid
for the period of intended stay.

Visa required.

=========


go for eea permitt its free of charge
ta

[Azhaar]

National Ukraine (UA) /Residence Bulgaria (BG)
Destination United Kingdom (GB)


United Kingdom (GB)



Passport required.
- Passport and/or passport replacing documents must be valid
for the period of intended stay.

Visa required.

=========


go for eea permitt its free of charge
ta

no its wrong -- no visa is needed if your mum is considering to stay for lesss than 3 month,

longer than that then a residence card issued from the uk will be needed..

but for her to enter the uk she needs no visa as she already holds a PR residence from Bulgaria..

[Punjab]

Azhaar as far as i read Bulgaria is in EU but they still need a visa unless they have a passport from an eu country.

Holding a PR from any EU will not eliminate anyone for her entery to the uk without visa.

Now I read that she is having ID from BulgariaStating she is a family member but it might be different than like a citizen card which most of EU members have. If she has a Bulgarian ID stating she is a national of Bulgaria then ofcourse she wont need a visa for 3 months.


when UK lauched ID Scheme it was suppose to have your status written on the ID card like... student or family member etc but unless it says Bristsh Citizen you could not use it to enter EU countries.

Above is my belief .
http://upload.wikimedia.org/wikipedia/e ... y_card.gif

http://upload.wikimedia.org/wikipedia/c ... Idcard.jpg

http://upload.wikimedia.org/wikipedia/c ... Dfront.jpg

above is for Hungary