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Travel rights of non-EEA nationals to UK as family members of EEA nationals

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Dear Home Office,

Could you clarify the confusion about the latest update on the regulation of the travel rights of non-EEA family members of EEA-nationals to UK? According to the guidance on GOV.UK, the non-EEA family member of an EEA national should hold an Article 10 residence card that is issued under the EU law to be able to travel to UK without a visa in the company of the EEA-national, and that the Article 10 residence card should feature the wording “Residence Card of a Family Member of a Union Citizen”. It says that ''the Documents issued on any other basis, for example (biometric) residence permits issued under the national law of another Member State are not acceptable and do not exempt the holder from the requirement to obtain an EEA family permit.''

This is very confusing because, for example, a non-EEA national who gets married to an Austrian citizen and settles with the spouse in Austria on this ground gets a ''Family Member'' residence card. This card does not have the wording ''Residence Card of a Family Member of a Union Citizen”. It says ''Residence Card'', and it also says ''Type of residence title: Family Member''. Since Austria is an EU country, does not this automatically qualify for a valid residence card of visa-free entry to UK, provided that the EEA-national is accompanying the non-EEA family member? Moreover, this type of Residence Card is the one you get according to the Article 10 of the DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. Therefore it should suffice.

Could you kindly address this?

Yours faithfully,

Ayse M.

DMC (Croydon), Home Office

Dear Sir/Madam,

Thank you for your e-mail of 24th August 2016,

We are unable to assist you with your enquiry as this is regarding applying from overseas for an Entry Clearance Visa and issues arising from this or regarding a refund for your visa application from overseas.

Please refer to the link below for further assistance: https://ukvi-international.faq-help.com/

Should you need to ask a question about the visa application process you will find the telephone number and a form to email your enquiries, the email option is free of charge. There may also be web chat available.

We are unable to intervene in individual cases but full guidance about whether you can appeal against the decision or request an administrative review can be found on our website:
at: www.gov.uk/immigration-asylum-tribunal/a....

If you need further assistance, please contact us by email or phone from outside the UK
at: www.gov.uk/contact-ukvi-outside-uk or within the UK at: www.gov.uk/contact-ukvi.

Yours sincerely,

UK Visas and Immigration

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Dear DMC (Croydon),

Thank you for your reply. However, my question is not about "applying from overseas for an Entry Clearance Visa", but about which EEA residence cards could be used for entering UK, without the need of a clearance visa, and the discrepancy between the guidance on gov.uk and the relevant EU Directive.

Could you in this case please look into this matter once more?

Yours sincerely,

Ayse M.

DMC (Croydon), Home Office

Dear Sir/Madam,

 

 

Thank you for your email correspondence of 21 September.

 

Border Force staff based at ports of entry, decide whether to grant entry
to a person arriving into the United Kingdom through the immigration
control at the time of arrival, on a case by case basis.  We cannot advise
on a case in advance of that arrival.

 

Please be informed that when entering or re-entering the UK, a foreign
national will be required to show a valid visa allowing them entry to the
UK, for those categories where this is required, along with evidence that
they are entering or re-entering for the same purpose.

 

Please see the link below for assistance:

 

[1]https://www.gov.uk/uk-border-control

 

Please click on the link to check if you need a visa to enter the UK:

 

[2]https://www.gov.uk/check-uk-visa

 

We are unable to advise you any further on your enquiry and you should
seek immigration advice if you need help with permission to stay in the
UK.  Immigration advisers can help you with immigration matters, including
completion of forms and representing you at a tribunal.  The Office of the
Immigration Services Commissioner (OISC) regulates immigration advisers,
which means they must meet certain standards.

 

Please see the link below to find an immigration advisor:

 

[3]https://www.gov.uk/find-an-immigration-a...

 

 

Yours faithfully,

 

 

Mala Anand

Customer Service Operations

UK Visas and Immigration

 

 

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