How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

Regarding EU directive 2004/38/EC, Real Decreto 240/2007. Stating

Resolved Question:

Regarding EU directive 2004/38/EC, Real Decreto 240/2007. Stating family members of a EU national, in possession of a valid U.K. residence card do NOT require a visa to visit Spain.
My wfe is a Thai citizen with a permanent British residence card, last week we were refused bording on a flight to Spain because we did not have a Schengen visa.
We lost over £600 on the flights, hotel etc.
At the airport we were told, without the visa we needed a EEA family member stamp in her passport, but after checking the U.K. border agency, they no longer provide such a stamp. All info is carried within her residence card, which we had at the airport.
Were they correct to refuse us boarding ?
Regards, XXXXX XXXXX
mail [email protected];
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

What exactly does her residence card state? Please include everything
Customer: replied 2 years ago.

I do not have it to hand, but from memory, It carries her photo, and states she is a British resident over a period of 10 years
It does not state she is married to a EU (British) citizen.


I did check out with the U.K. border agency, the cost of changing out her residance card to reflect that she is also a EU family member, and fees were astronomical (would cost more than a holiday).


Regards


Dave Horrocks

Expert:  UKSolicitorJA replied 2 years ago.
Thank you,

Unfortunately although she is allowed under EEA regulations to enter Spain as your poise, the fact that her residence card does not state that she is a family member of an EEA national is the problem and the airline was acting reasonably to deny her boarding.

I would suggest that she applies for British Citizenship straight away as she is eligible based on her marriage to you and the fact that she has lived in the UK for more than 3 years and has no restrictions on how long she can live in the UK.

See here http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

Once she gets a British passport, she will be free to travel to Spain and any other EEA country.

Hope this helps
Expert:  UKSolicitorJA replied 2 years ago.
Sorry, it should have read spouse, not poise.
Customer: replied 2 years ago.

Not a problem, I read it as spouse.


Did you get my second reply ?

Expert:  UKSolicitorJA replied 2 years ago.
No reply from you received.
Customer: replied 2 years ago.

British citizenship is no longer an easy or inexpensive thing to achieve, maybe it was years ago, but not now.


The issue is, The Spanish visa agency is misbehaving, on its web site it states you don’t need a visa, if you have:-



  1. A EU family stamp - which is impossible to get.

  2. Your resident card states “Family member” - horrendously expensive to get.


Then says “hard luck” when you are refused boarding, and loose all your money.


They are increasing their sales targets by selling visas to people who by law do not actually need them.


Please advise how I can get some justice, or point me in the direction of someone who beat some sence into these visa agences.

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid you will be up against a brick wall as you will find it very easy difficult to change the system. As it is EU countries have come a long way from how EEA regulations and directives used to be implemented andnhow they are now iimplemented.

I would again advise your spouse to strongly consider applying for British citizenship while the option is stillthere.

The fees keep rising every year and are due to go up again in April. She will have it for life and you will really not have to keep worrying about visa changes and headaches.

All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    890
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    890
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    109
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm