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Last activity 08 February 2017 by Longonot62

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Gabriela1989

Hello

I'm originally from Romania but I live with my indian husband in Ireland. He has a Stamp Eu4fam issued in Ireland. Recently we travel together in India transiting United Kingdom. On our way back to Ireland we were supposed to flight using same company and we were supposed to transit United Kingdom for 2 hours again. On the check in they denied our flight stating that my husband need transit visa even if he has a Irish resident permit.
Also we are planning to travel together to UK soon and I would like to know whether he needs any visa when we are travelling together or not?

Thank you

Cynic

Hi Gabriela,

The rights to travel on the 4 (EU FAM) stamp is limited to countries who have signed up to the Schengen Agreement; the UK is not one of those.  Next time, fly via Amsterdam (or other Schengen country) and you'll have no problem.

Assuming you have an EU passport, you do not need a visa to enter/transit the UK.  Unfortunately, an Indian passport holder does.

Hope this helps.

Gabriela1989

Hi
Thank you for your answer. According to this article you can travel if you accompanying by your EEA national relative.
''A non-EEA spouse of a German national living and working in France will usually hold a residence card issued by the French authorities under EU law. Therefore a United Kingdom issued EEA family permit is not required for travel and entry to the UK.''
This describe our status in this moment.
https://www.gov.uk/government/publicati … dence-card

Cynic

You could be right; the information I had could have been from out of date web-page (it happens).  One thing I have discovered is this:

"However, the UK border officers will only grant entry to non-EU family members if they can prove their relation to the EU national family member who would be accompanying them as well, by providing documents such as marriage or birth certificate."

Perhaps this explains your difficulties?

Gabriela1989

Hi
We are married from 2 years already, the airline company denied our flight and now we are thinking to sue them.

SimCityAT

What was the airline?

Cynic

Did you show them proof you were married?  If you did, then it seems very wrong and you should contact them to ask for explanation.

Gabriela1989

Hi
We were travelling with British Airways. We already send them an email,now we are waiting for the answer. Now the concern is if we can travel to UK without visa to see our friends. We tried to contact the UK embassy in Dublin but nobody is answering.

SimCityAT

Gabriela1989 wrote:

Hi
We were travelling with British Airways. We already send them an email,now we are waiting for the answer. Now the concern is if we can travel to UK without visa to see our friends. We tried to contact the UK embassy in Dublin but nobody is answering.


The British Embassy will only deal with British citizens and will not deal with visa problems, I would contact your own Embassies (Romanian and Indian)

Longonot62

British Airways are very particular and won't take any chances at all if there might any possibility that a passenger could be denied entry, or transit (I was once denied boarding, London to Nairobi as I didn't have a return flight booked, despite the fact that BA was operating the first leg of the flight, only).

It's the travellers responsibility to ensure that their documents are in order and all necessary documents have been presented as proof.  An example; we recently booked to fly to South Africa.  Our flight date was 7 days after we had been vaccinated for yellow fever.  We weren't aware that we needed to wait for 10 days before travelling, so were denied boarding.  Although we transferred to an alternative flight, we were still charged the transfer fee.  The airline refused to waive this, stating that we, as travellers should have checked that we met the requirements to enter South Africa on that date.  You live and learn!

Personally, I don't agree with suing, it ultimately puts prices up for everyone - the money has to come from somewhere. But, they should offer a refund for example ( if they were in the wrong).

Gabriela1989

Hi Longonot62,

I understand what you are saying but we had to spend twice the money that we spent for BA tickets to come back. They agreed on a refund but they never said how much they will send back. We told them that we are married, we showed them all the articles that prove that we can travel but they still said no. So if they will send us let say 600 euros, that's half of how much we spent in total for BA tickets, obliviously that is not fair because we had to spent another 1500 for return tickets plus 200 for the hotel in Delhi. This happened to us in the past with Lufthansa and they said sorry and they return the price of the ticket 400 euros but now if they don't agree on a fair refund that is the only solution to sue them.

Longonot62

You just told them that you were married, or showed them the evidence?  The other thing to consider is the risk of your husband being detained and questioned by UK immigration, if they aren't satisfied whether he can enter the UK.  Further down the page that you have quoted from it states:

"However, in order to be admitted to the UK you will need to demonstrate that you have a right of admission under EU law. Without evidence that you have a right of admission, you will not be allowed to enter to the UK on the basis of your residence card."

It seems to me that your Husband must have an 'Article 10 Residence Card' issued under EU Law, not just a 4 (EU FAM) stamp.  You haven't stated that he has one of these and the way I interpret the wording on the .gov.uk website is that without the Article 10 Residence Card, he may not be admitted to the UK.

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