Refusal to board whenReturning to Norway with residence card

[danschinorge]

Hi everyone
My husband is Zambian and I am an EU national. We are both living in Norway. He has a so called 'oppholdskort' which means residency card, valid until 2016. However, the card is an A4 paper without a picture and msot airlines have problems believing this is an actual visa. The norwegian government is changing to ID cards now to solve this problem but while we wait for them my husband is in Zambia trying to travel back to Norway tomorrow. He went to the airport in advance to warn them about the problems with the card and the KLM manager at the airport says he needs a fax from SOMEONE verifying that this is actually a valid travel document.
The norwegian embassy has refused to send this fax and insists he gets a travel visa and pays for it, while the norwegian immigration says he doesn't need a travel visa but they also can't send that fax.
Should the airline refuse his boarding, do we have any rights to compensation? Or has anyone a simialr experience and knows what we can do? It is too late now to apply for a travel visa since the flight is tomorrow night.
I would really appreciate your thoughts on this

[EUsmileWEallsmile]

Is there perhaps a picture of the card somewhere on the Norwegian government website that the passanger can show?

[EUsmileWEallsmile]

Maybe something like this

http://prado.consilium.europa.eu/en/cat ... egory.html

[EUsmileWEallsmile]

Try this (on last page of document).

http://www.immihelp.com/visas/schengenv ... uments.pdf

[ca.funke]

...the KLM manager at the airport says he needs a fax from SOMEONE verifying that this is actually a valid travel document...

Everyone is "someone". Just fax it yourself

Write a cover-letter, outlining that it´s a Norwegian Residence card, which is good for entry into the Schengen-Zone. If they have any questions, tell them to ring the Embassy (and give the Embassies number)...

They might interpret that it´s from the Embassy. The fact that it´s not makes sure that you´re not forging anything.

This whole thing is unreal...

[danschinorge]

thx everyone. those pages don't contain the document he has. I just can't understand the logic of why the airlines don't have a database of valid travel documents if they insist on checking before boarding. especially in a case like this where the document is real and once landed he will have no problems entering the country, it drives me crazy that the airline station manager is so stubborn.
we even gave him a link to the norwegian immigration department webpage on which they mention how many people run into problems travelling...and he still insists on receiving a fax...

[danschinorge]

[quote="ca.funke"][quote="danschinorge"]...the KLM manager at the airport says he needs a fax from SOMEONE verifying that this is actually a valid travel document...[/quote]

Everyone is "someone". Just fax it yourself

Write a cover-letter, outlining that it´s a Norwegian Residence card, which is good for entry into the Schengen-Zone. If they have any questions, tell them to ring the Embassy (and give the Embassies number)...

They might interpret that it´s from the Embassy. The fact that it´s not makes sure that you´re not forging anything.

This whole thing is unreal...[/quote]

thx for your suggestion. if had a fax i would certainly consider this...this is maddening

[EUsmileWEallsmile]

This is what the IATA would say (this is what KLM should have when they check their system). I've guessed that the flight will be via the Netherlands

http://www.delta.com/planning_reservati ... formation/

National Zambia (ZM) /Residence Norway (NO)
Transit Netherlands (NL) /Destination Norway (NO)
ALSO CHECK DESTINATION INFORMATION BELOW

Netherlands (NL)

Visa required, except for :
- holders of a residence permit issued by Norway.
- holders of a valid "D" visa issued by Norway;

Norway (NO)

Passport required.
- Those residing in Norway may enter with travel documents
valid on arrival.

Visa required, except for Those, irrespective of nationality, holding a residence permit issued by Norway.
Minors:
- Pupils For details, click here
Additional Information:

- Valid visas in full, invalidated travel documents are
accepted provided accompanied by a new travel document.

[EUsmileWEallsmile]

You can also try phoning KLM's head-office.

[EUsmileWEallsmile]

http://www.udi.no/Norwegian-Directorate ... gulations/

If you previously have received a document (A4 paper) as a proof of your right of residence in Norway, you should now go to the police to get a new plastic residence card with your photo on it. If you do not have this card with you, you might face problems when you are crossing borders or for example are checking in at an airport.

[EUsmileWEallsmile]

Note the phone number on the webpage http://www.udi.no/Norwegian-Directorate ... gulations/
(Phone: (+ 47) 23 35 15 00)

Perhaps, your husband should get KLM to phone them and confirm that he should be allowed to board.

[danschinorge]

I talked to the head office of KLM yesterday and they say that its not their responsibility to call the klm station manager and confirm that my husband can get on the plane since they do not know if the visa is valid.
The airport station manager refused to call klm since he claimed it is my husbands duty to proove he has a valid visa...
This is all insane

[ca.funke]

Terms and Conditions of most airlines, and also >>KLM´s<<, say something along the lines of "it´s the passenger´s duty to be in posssession of valid travel documents".

So you fulfill KLM´s T&Cs.

I talked to the head office of KLM yesterday and they say that its not their responsibility to call the klm station manager and confirm that my husband can get on the plane since they do not know if the visa is valid.
The airport station manager refused to call klm since he claimed it is my husbands duty to proove he has a valid visa...
This is all insane

Other way around it´s possible to say that it´s KLM´s onus to know what "valid travel documents" are, and clearly they´re not sure about that. If they don´t know, it´s their onus to find out...

Summary: If you have valid travel documents, but are denied boarding, you can sue the airline for illegally denying you boarding.

Of course you´d have to get, in writing, that you were denied boarding, and also confirming which papers you had with you, because otherwise they´ll later claim that you didn´t have the papers with you...

...we even gave him a link to the norwegian immigration department webpage on which they mention how many people run into problems travelling...and he still insists on receiving a fax...

What´s is the link?

if had a fax i would certainly consider this...this is maddening

There are online faxes, shouldn´t be a problem?

[EUsmileWEallsmile]

Your husband has valid travel documents. This is very important. If you are denied boarding, you can seek compensation. Insist in getting it in writing.

...but that won't necessarily get him on a plane. Are you together or is he on his own? He should be able to get a free-shengen visa to travel back to Norway given that he has a passport and already has an article 10 residence card (this proves that he is already the family member of an EU national).

[EUsmileWEallsmile]

What´s is the link?

I imagine they are the same links that I posted earlier.

http://www.udi.no/Norwegian-Directorate ... gulations/

[ca.funke]

I imagine they are the same links that I posted earlier.

Hi EUsmileWEallsmile,

The important text-part is >>there<<:

Documentation when travelling outside Norway

If you have a Norwegian residence card and are going on holiday outside Norway, you must bring your residence card as well as your passport.

If you previously have received a document (A4 paper) as a proof of your right of residence in Norway, you should now go to the police to get a new plastic residence card with your photo on it. If you do not have this card with you, you might face problems when you are crossing borders or for example are checking in at an airport.

But there´s no sample of the A4 card.

Rgds,
Christian

[ca.funke]

Is he flying at 00h20 or 11h05? (I assume it´s the LUN - NBO - AMS - OSL ?)

If it´s 11h05 we still have 3 hours, I could send the fax for you.

My fax would be:

Absolutely no header - if they see a private header they´d just disregard the fax anyway.

I´d paste a picture of the "oppholdskort", saying that currently Norwegian Residence permits for EU citizens actually look like that, and that they allow entry into Schengen and also Norway.

If they have any questions they should ring the Norwegian Embassy in Lusaka.

That might give the impression that it was sent from the Embassy, without actually claiming it. As such it´s not illegal.

What I´d still need:

• Link to the "oppholdskort" and
• Fax# of KLM in Lusaka.

By the way: If they find out that the fax was send from a private #, this could mean more trouble, because they might think it´s fraudulent... So I´m not at all saying that this would help under all circumstances. It might help, it might be counterproductive... Up to you...

If it works and you want, you can make a donation to me after this, but don´t have to. (only kidding)

Hope to hear from you in time...
Rgds, Christian

[Directive/2004/38/EC]

This is an absolutely classic problem.

Your husband is going to have to wing it.

He should go to the airport early.

He has to know in his head and his heart that he has the right documents he needs.

He will have to be very patient to explain again and again to everyone there. Not get angry. He needs to explain again that "he has the correct documents" and that if he is denied boarding he will need to be rebooked and will seek compensation.

He will need to write down names of everyone he deals with. Have each person spell their name. Especially the KLM employees.

If they refuse to board him, they will need to put it in writing that they are refusing him boarding in spite of the fact that he presented a Norwegian 'oppholdskort'.

If they refuse he should politely repeat the whole process until the airplane has physically left the airport.

"It is not over till the fat plane has flown" (or something like that).

[danschinorge]

Hi everyone
I wanted to update you all. We got the embassy to send a confirmation to the airport staff. Although this was done, and my husband was there 4 hours before departure, they were dragging their feet unil they finally told him and 4 others with similar problems that the gate closed and they will try to get them on the next flight tomorrow night...
I told him to get it all in writing while he is there, following all your advise. Does anyone know what steps I can take? I do not want to let this go by without a fight. After all, he had all his papers in order, an additional confirmation from the embassy and a valid ticket. There was no reason for them to handle this the way they did...

[Directive/2004/38/EC]

Did he get names of actual KLM employees?

[danschinorge]

he got the name of the klm airport station manager. Now this morning they insist he buys a new ticket. and its not just him there were 6 others refused boarding last night because they closed the gate 1 hr and 10 minutes before departure...

[Directive/2004/38/EC]

In my opinion....

He needs to turn this around and put them on the defensive.

He was there for his flight in plenty of time yesterday. They have a requirement to carry him. If they deny him boarding, as they did, then they are required to compensate him. That includes both cash compensation and rescheduling his flight.

http://europa.eu/legislation_summaries/ ... 173_en.htm

In the mean time, you should be on the phone to KLM head office and push on them. Keep asking to speak with their operations department, or their legal department.

[EUsmileWEallsmile]

...and my husband was there 4 hours before departure, they were dragging their feet unil they finally told him and 4 others with similar problems that the gate closed and they will try to get them on the next flight tomorrow night...

Sounds like they may have been overbooked and just bumped him due to overbooking.

[EUsmileWEallsmile]

Remember he was properly documented.

[ca.funke]

If the embassy faxed everything to the airport, the denial was due to overbooking (even if KLM denies this).

Call KLM headquarter in AMS. If they don´t give you a new, free ticket + compensation, you should sue them. "Just" a new, free ticket >>won´t do<<.

Please make sure to get as much proof as possible of everything along the way.