Non-EU family member travelling alone to Spain
I am a South African passport holder. I have obtained permanent residence in the UK as the family member of an EU national (German spouse). However, I obtained permanent residence under the Retained Right of Residence, following our divorce. My Residence Card says "RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN". It says EU RIGHT TO RESIDE on the reverse side.
However, I was refused boarding on a flight from London to Spain recently. They said that I have to travel with my EU family member. Was this correct, and if not, how do I persuade check-in staff to let me fly next time?
Best Answer
Your retained right of residence allows you to reside in the UK. It does not grant you freedom of movement in the EU. That right is only afforded to EU citizens and their family members as long as the family member is traveling with, or reuniting with their EU family member. Furthermore, they may still be required to apply for a visa (but the visa has to be processed quickly, and for free). Note from this page:
Residence permits issued by countries outside the Schengen area do not allow non-EU family members to travel visa-free to a Schengen area country
Unfortunately, the check in staff were correct to deny you boarding, assuming you didn't have a Schengen visa.
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Can non EU family member travel to Europe without visa after Brexit?
You do not need a visa if you have a residence document (national residence permit) issued under national rules by a Schengen country and you are travelling to a Schengen country.Can I bring my non EU spouse to Spain?
Generally, the non-EU/EEA partner will need to get a Spanish visa to enter Spain. Then, they can apply for an EU family member residence card from the local Foreigner's Office. If the relationship ends, the non-EU/EEA partner must reapply for a new residence permit within six months.Can EU family member travel to Europe without visa from UK?
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 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.Travelling to Spain Or EU Country From UK As Non Eu Family Member
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Answer 2
As MJeffryes has noted in his answer, the prevailing interpretation of directive 2004/38/EC is that someone with a "Residence card of a family member of a Union citizen" may only use that card to benefit from the visa-free entry specified in Article 5(2) when they are traveling with or joining their EU family member. That condition is not explicit in the directive, and, as you note, it is an unreasonable or at least insurmountable barrier to the right of free movement for someone with a retained right of residence.
The directive, however, is not explicit on the question of whether a person enjoying a retained right of residence in one country continues to benefit from the other free movement provisions, such as a right of entry into another country. In other words, it provides that you retain a right of residence in the UK, but not necessarily that you retain a right of free movement throughout the EU.
To challenge the prevailing interpretation of the directive, you may have to go to court (I do not know whether the matter has already been decided by a court.) Before going to court, though, you might try lodging a complaint with SOLVIT, but they also link to the page that reflects the prevailing interpretation:
Your non-EU spouse, (grand)children or (grand)parents do not need to get a visa from the country they are travelling to if:
- They have an EU family member's residence card issued under EU rules by any EU country (except the country you are a national of), and they are travelling together with you or travelling to join you in another EU country. The residence card should clearly state that the holder is a family member of an EU national.
(emphasis added)
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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