Does a non-EEA spouse, travelling to the UK without their EEA national spouse, require a visa?

Does a non-EEA spouse, travelling to the UK without their EEA national spouse, require a visa? - Exterior of historic building with clock on spire in Birmingham on clear spring day

Are my German residence card and South African passport sufficient for entry into the UK for a few days to visit a friend? Should I, in addition to this, still apply for an EEA Family Permit or some other UK entry visa?

I am a non-EEA national spouse of an EEA national (Hungarian wife), my residence permit, valid for 5 years and issued by the German authorities, gives me free movement throughout the EU & with freedom to work in Germany.

My concern is that I will be travelling alone without my EEA national spouse, and an article on the Gov.UK site says

You may use this document for travel to the UK if you are accompanying your EEA national relative here, or joining your EEA national relative here, or joining your EEA national relative in the UK.

I find no clear answer on the official web sites and would like confirmation. I intend flying from Germany to London, between the 6th to 11th July 2017.



Best Answer

No, your residence card and passport are not sufficient. Neither is an EEA family permit, which anyway you won't be granted because you are traveling without your spouse. You need a Standard Visitor visa.

Note the eligibility requirements, which include (emphasis added) that

The EEA citizen you’re joining must either:

  • be in the UK already
  • be travelling with you to the UK within 6 months of the date of your application

Because you do not qualify for an EEA family permit for this trip, you should apply for a Standard Visitor visa instead.

Your Article 10 residence card only qualifies you for freedom of movement when you travel with your EEA family member. Directive 2004/38/EC provides for visa-free travel, for example, for holders of a residence card, but the UK has interpreted this as applying only when visiting the UK with the EEA family member. Their page on the subject says

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 continues (emphasis added):

if you are not travelling with your EEA national family member, you will also need to show:

  • evidence that your EEA national family member is in the UK, and
  • evidence that they have a right of residence in the UK because:
    1. they have been in the UK for less than three months, or
    2. they are in the UK as a worker, self-employed person, self-sufficient person or student, or
    3. they have acquired a right of permanent residence in the UK under EU law.



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Does a non-EEA spouse, travelling to the UK without their EEA national spouse, require a visa? - Crop unrecognizable person demonstrating British passport
Does a non-EEA spouse, travelling to the UK without their EEA national spouse, require a visa? - Exterior of Houses of Parliament with flag of England in front of Thames in cloudy day
Does a non-EEA spouse, travelling to the UK without their EEA national spouse, require a visa? - UK flag on creased paper



Can I travel with my non EU spouse 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 my non EU spouse travel with me?

Travelling in the EU with your non-EU family members Under EU rules, you have the right to travel together with your core family members (non-EU spouse, children, dependent parents or dependent grandparents) to an EU country other than the one you are a national of.

Can EU family member travel to EU without visa?

After you receive your residence card as a family member of an EU citizen, you can freely travel to any other EU country. You can travel as a tourist for up to three months in a six-month period. You can also travel to many other non-EU/Schengen countries without a visa.

Can EU citizen travel to UK without visa?

EU , EEA and Swiss citizens can travel to the UK for holidays or short trips without needing a visa. In other cases, find out if you need to apply for a visa to enter the UK . You can cross the UK border using a valid passport which should be valid for the whole time you are in the UK .



Can Non-Eu/EEA Spouse Travel From Eu Countries To UK With Article 10 and 20 Residence Card?




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