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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 274
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Situation: German husband, Thai wife with German residence

Customer Question

Situation: German husband, Thai wife with German residence card. We are trying to get to London via the tunnel without visa. I know this is possible by exercising EU treaty rights and get a stamp at the boarder.
Question: Is the treaty right accessible to everyone or just someone who plans to settle down in the UK? We are planning to stay only 3 days for a conference. I know that the cleanest way is to get EEA Family Permit, but I don't want to deal with that hassle.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Frantz I replied 11 months ago.
HelloThank you for your enquiry. You do not have to pay a visa fee or apply for a visa to enter the UK . All EEA nationals have an unconditional right of admission and residence in the UK for an initial period of 3 months. After 3 months an EEA national can remain in the UK if s/he is a student, seeking employment, employed, self employed or self sufficient. Please rate before you leave here.
Customer: replied 11 months ago.
Hello Frantz,
sorry if I didn't express myself correctly, but my question is not regarding myself but my Thai wife. The official information states that she needs EEA Family Permit. There is a back door where she can seek entry without such a permit at the UK boarder if her EEA spouse travels with her. My question regards ***** ***** and if the procedure applies regardless of the purpose of the trip (i.e. seeking residency, employment, tourism etc.). I need to know the rules to be able to defend my case in front of the immigration officer when we arrive without visa or family permit at the boarder.
Thank you
Heinrich
Expert:  Frantz I replied 11 months ago.
HelloMy previous answer also applies to family members of an EEA national. Direct family members should have entry without conditions. The initial 3 months is regardless of purpose of trip. At the point of entry you will be asked for the supporting documents you would have had to submit had you applied for a family permit. The list of supporting documents can be found in the guidance document on GOV.UK website.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 274
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.
A follow up question: To be able to apply for entry at the point of entry one needs first to get there. That's why I was thinking about the Euro Tunnel where the UK boarder checks is in Paris. If we tried to take a direct flight to London the airline would probably deny boarding. However if we buy a connecting flight the next day the airline should let us board as transit visa is not required. Once in London can we simply state we want to enter rather than transit? Is this viable and acceptable plan? It would be much more convenient than train.
Expert:  Frantz I replied 9 months ago.
I am not able to comment on the specific nature of your question as this would be regarded as giving advice. In accordance with Reg 11 (1) all EU nationals must be admitted to the UK on the production of a valid national ID card or passport. This right extends to family members. The entry clearance officer may request information relating to your non-EEA family member.
Customer: replied 9 months ago.
Sorry let me rephrase the question. Will I have to answer how I arrived at the entry point and if so can my answer lead to a denial of entry?
Expert:  Frantz I replied 9 months ago.
Under EU regulation it is appropriate for an entry clearance officer to establish that any person seeking admission into the Uk as an EU national is in possession of a valid national ID or passport issued by an EU state. Beyond this, an EU national should only be questioned where there is a strong reason to believe that there may be reasons to refuse admission on ground of public policy, public health or public security.

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