Border Force Policy Implementation
5th Floor
Green Park House
29 Wellesley Road
Croydon
CR0 2AJ
Web : www.ukba.homeoffice.gov.uk
Mr Simon Carthy
By email: xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
5 August 2011
Dear Mr Carthy
Thank you for your e-mail of 15 July 2011 about entry requirements for the UK as the spouse
of a French national which has been passed to me to reply. I apologise if the earlier response
you received did not sufficiently deal with your query.
European Community law provides all European Union/European Economic Area (EU/EEA)
citizens and their family members the right to move freely and reside within the EU/EEA.
Free movement rights are governed by the Free Movement Directive 2004/38/EC, which all
EU/EEA member states are obliged to incorporate into domestic legislation. In the UK this
takes the form of the Immigration (European Economic Area) Regulations 2006.
Under Regulation 11(2) (subject to the exclusion grounds in Regulation 19) of the 2006
Regulations all non-EU/EEA family members of EU/EEA nationals must be admitted to the
UK on production of a valid passport and either a
family permit, a
residence card or a
permanent residence card. Both residence cards and permanent residence cards are
issued in the UK but a family permit may be obtained by applying, free of charge, via a British
diplomatic post overseas. Details on how to apply can be found from our website:
www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals. Under Regulation 11(4) if someone who is a family member of an EU/EEA national arrives at
a port of entry without a family permit or residence card the Border Force officer must give
them every reasonable opportunity to obtain the document or prove by other means that they
qualify for admission. If the person arrives to accompany or join an EEA national and is
carrying satisfactory evidence of his/her identity and that he/she is the family member of the
EU/EEA national and that the EU/EEA national has a right to reside in the UK the person
should be admitted for 6 months (on what is called Code 1A, giving permission to work).
If the person is unable to produce satisfactory evidence on arrival, they would not
automatically be refused admission but a judgement will be made on how much allowance to
make to allow them to provide further evidence.
Travelling from Ireland would make matters slightly more complicated in that there is no
routine immigration control between there and the UK, due to what is called the common
travel area (CTA). The CTA operates on the principle that once a person has been granted
leave to enter in one part of it, they will not normally require leave to enter another part of it
whilst that leave is still valid and provided that they do not leave it. Consequently, so long as
you are subject to one of the exceptions to this general principle (excluded, previously
deported etc.), you would not need to anything further in order to travel here from there for a
visit.
In conclusion though, the most secure, long term and therefore recommended option would
be for you to get a family permit to allow you to travel to the UK without difficulty.
I hope this response satisfactorily addresses your enquiry.
Yours sincerely
Anita Sikka
Immigration Officer