Is a UK visa needed for a UK citizen's non-EU spouse with EU Family Member Residence Card to visit the UK together?

Is a UK visa needed for a UK citizen's non-EU spouse with EU Family Member Residence Card to visit the UK together? - Beige and Grey Palace

Is a UK visa needed for a British citizen's non-EU spouse (who holds an EU Family Member Residence Card) if they wish to visit the UK together for a holiday? Both are currently living in the Netherlands, exercising "Freedom of Movement" rules for EU citizens and family members. I believe that an EEA citizen's spouse only needs a valid passport, the EU Family Member Residence Card and a marriage certificate, but does a British citizen count as an EEA citizen in this case?

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Best Answer

Is a UK visa needed for a British citizen's non-EU spouse (who holds an EU Family Member Residence Card) if they wish to visit the UK together for a holiday?

No. This was a gray area in the law, and the UK's policy was otherwise, until the McCarthy decision of 2014. Now, thanks to that decision, you can travel to the UK under the conditions outlined at Entering the UK as the holder of an Article 10 residence card.

You may also elect, however, to apply for an EEA family permit, as you would have to if you did not have the EU family member residence card. The EEA family permit is free of charge.

Under UK law (The Immigration (European Economic Area) Regulations 2016), regulation 9, a family member of a British citizen is treated as the family of an EEA national if several conditions are met. The conditions are laid down in paragraph 2:

(2) The conditions are that—

(a) [the British Citizen]—

(i) is residing in an EEA State as a worker, self-employed person, self-sufficient person or a student, or so resided immediately before returning to the United Kingdom; or

(ii) has acquired the right of permanent residence in an EEA State;

(b) [the family member] and [the British citizen] resided together in the EEA State; and

(c) [the family member] and [the British citizen]’s residence in the EEA State was genuine.

The fact that you have the article 10 card should satisfy the immigration officer that you meet these conditions.




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Can I travel to UK with EU family member residence card?

You cannot use an EU , EEA or Swiss national ID card to enter the UK unless you: have settled or pre-settled status under the EU Settlement Scheme, or Jersey, Guernsey or the Isle of Man's settlement schemes. have an EU Settlement Scheme family permit, or the equivalent from Jersey, Guernsey or the Isle of Man.

Can EU family member travel to UK without visa?

Holders of a residence card as an EU national family member don't need to obtain a visa if travelling with an EU national.

Can non EU family member travel to UK?

Travel to the UK If you have UK Settled or Pre-Settled Status under the EU Settlement Scheme, you can continue to enter the UK with a valid passport or identity card. Your non-EU family members who also have UK settled or pre-settled status can enter the UK with a valid passport.

Can I bring my non EU spouse to UK?

Overview. You may be able to get an EU Settlement Scheme family permit to come to the UK if you're the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein. You may also be able to apply if you're the family member of an eligible person of Northern Ireland.



UK visa requirements 🇬🇧✅️




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Pixabay, Neal Smith, Suzy Hazelwood, Harrison Haines