Will a non-EU citizen get stamped with a family permit at the airport?

Will a non-EU citizen get stamped with a family permit at the airport? - Family Celebrating Christmas Dinner While Taking Selfie

Is it true that a non-EU citizen will get stamped with a family permit at the airport when arriving in the UK with their EU spouse? My husband and I lined up in the non-EU line when we arrived. I am in the UK now with my husband and someone just told me that if we leave the UK and come back in together, we can get stamped with the family permit at the border. Is this true?



Best Answer

EU law, specifically article 5(4) of directive 2004/38/EC, provides that

Where a Union citizen, or a family member who is not a national of a Member State, does not have […] the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity […] or to corroborate or prove by other means that they are covered by the right of free movement and residence.

In other words, unlike anybody else who requires a visa, the spouse of an EU citizen should at least get the chance to prove they have the right to enter even if they did not complete the required formalities beforehand.

That said, note that:

  • This is not the regular procedure, if the spouse of an EU citizen needs a visa to enter an EU country, they should in principle apply for it in advance (and that's definitely what I'd personally recommend). I would in any case expect some push-back and delays, which could be very unpleasant, even if you eventually get in.

  • You still need to prove you are indeed the spouse of an EU citizen so have documentation to that effect (proof of your marriage?)

  • I have no idea how well this works in practice. The UK has historically been rather reluctant to implement some of the provisions of the freedom of movement directive. For example, it took a court case and several years to force it to let EU family members with a residence permit from another EU country without enter without visa, something article 5(3) states unambiguously.

  • Getting to the border might not be trivial. Airlines will for example want to see a proper visa before letting you board a UK-bound plane and probably won't take chances based on little-known provisions of the EU freedom of movement directive.

  • I think you can use the EU passport lane if you are travelling together (definitely the case in the Schengen area, I think it's the same in the UK but I am not 100% certain).

In summary: EU law suggests it might be possible but the UK is probably the last country where I would want to try this. Don't do this unless you have absolutely no other choice. But if you do, it might still work, which is better than what most other third-country nationals could expect in this situation.




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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 non-EU citizens bring family to UK?

Your family member can visit the UK for up to 6 months. If your family member isn't from the EU, EEA or Switzerland, they might need to pay for a visa to visit the UK. If your family member is in this situation, they're known as a 'visa national'. You can check if your family member is a visa national on GOV.UK.

Can I bring my family to UK after Brexit?

You may be able to get an EU Settlement Scheme family permit to come to the UK if you're the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein. You may also be able to apply if you're the family member of an eligible person of Northern Ireland.



EU settlement scheme 🇪🇺for non-EU family members (EXPLAINED) 🇬🇧




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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