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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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Hi again Further to my questions re my Indian wife and a

Customer Question

Hi again

Further to my questions re my Indian wife and a visa for Spain.

We were actually prevented from boarding a plane in March because of the lack of visa.

Do you know what powers are given to the airlines and who gives them the power?

Spanish Royal Decree 240/2007 states the following which I have cut and pasted

4. If a citizen of a European Union Member State or of another state party to the Agreement on the European
Economic Area or a family member of that citizen does not have the travel documents or visa (if applicable)
required to enter Spanish territory, the Spanish border control authorities must, before returning these persons,
give them maximum facilities enabling them to obtain or receive the necessary documents within a reasonable time
limit or to confirm or prove by other means that they come under the scope of application of this Royal Decree,
provided that the lack of the travel document is the only reason preventing them from entering Spanish territory.

Am I a citizen of an EU Member State? My passport says European Union on it and I am a British Citizen from birth.

If I am such a citizen it seems that Spain will give me the facility to let me prove that my wife is a member of my family but an airline in Manchester will afford me no such consideration despite having shown our marriage certificate from 1978.

I know you do not make up the rules and regulations but it seems everybody can come into UK as an EU citizen or a family member of that citizen no matter what their origin but my wife who was classified as a British subject up to 1983 when all the rules were changed cannot.

We have a ludicrous situation that if our family wishes to go to pain for 2 weeks my wife has to spend a week in London at a cost of £100s to get a visa face to face as we have lived on the Isle of Man for the last 25 years and my wife has lived, worked, paid taxes etc in British Isle for 35 years.

Your thoughts and expertise will be greatly appreciated on this and if I am not a citizen of a European Union Member State why on earth do Britain say they are in the EU and why do we allow immigration from EU countries - surely there is some reciprocity

Cheers


Chris
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Are you planning on taking any action in respect of this?
What outcome are you looking for?

Kind regards
Customer: replied 3 years ago.

Once I know what the position is I will take action. But I can only decide on that once somebody agrees with my findings or explains ver well to me why such a regulation does not apply to my wife and I


 


Thanks


 


Chris

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.

I am willing to wait as I believe this to be an absolutely fundamental and very important question.


 


The UKBA website states that family members of EEA members, no matter what their nationality, have a right of freedom of movement in EU and do not need a visa. They also say that UK is a member of EEA.


 


Therefore to a lay person there seems to be no reason for my wife to have a visa.


 


I have waited over a month for UKBA to answer so any help would be gratefully received.


 


On looking through the terms and conditions with the airline we also agree to reimburse their costs if they had to repatriate us for lack of proper documentation . Therefore, if anybody can let me know how the airlines are given such powers as to decide on what issues that lawyers have problems with.


 


This is not levelled at JUSTANSWER it is just my frustration at getting nowhere on what I consider to be a straight forward issue i.e. By law does my wife need a visa. The answer is yes or no. I have stated why the answer is no, I just need somebody to show me the higher authority or the reasoned argument why the answer is yes.


 


Kind regards


 


Chris


 

Expert:  Nicola-mod replied 3 years ago.
Hello Chris,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola

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