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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My Husband was refused to fly to America by Airlines

Customer Question

My Husband was refused to fly to America by Virgin Airlines check in staff! He missed our Son's wedding! He held a British passport and a Visa waiver certificate.
They said he was not a British citizen because he was born in Gibraltar! The official observation page stated the holder is a British, British overseas territories citizen of Gibraltar, the holder gas the right to abode in Gibraltar, the holder is entitled tore-admission to the Uk
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Have they provided you with any documentation to say that your husband would not have been allowed to travel?
Customer: replied 1 year ago.
No
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. We may then be able to speak after. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. As a British Overseas Territory Citizen this does not automatically make him a British citizen. His status entitles him to hold a British passport but having a British passport does not equal being a British citizen, he is only a British passport holder, which is different. Saying that, if he was a BOTC from Gibraltar before 21 May 2002, then on that date he automatically would have become a British citizen. If he was not a BOTC then, he would have had to apply and register to become one, it would not have happened automatically. I assume that as he was born In Gibraltar he would have already been a BOTC prior to 2002 in which case he should have become automatically a British citizen then and would have had the same rights to travel as any other British citizen. So effectively they have refused travel to a British citizen who had the right to enter the US. In terms of taking the natter further, initially you need to complain t the airline and follow their full complaints procedure. If that does not resolve it you can contact the Civil Aviation Authority to complain: https://www.caa.co.uk/Passengers/Resolving-travel-problems/How-the-CAA-can-help/How-the-CAA-can-help/ If that also does not help, you can consider the county court to seek compensation. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Should you end up in a position where you have to consider legal action, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
I would like to thank you very much for your expert information and step by step approach to resolving this matter, I cannot tell you how frustrating trying to get a fair response from Virgin Airways has been. I have found your expert advice envaluable and your very quick response was really appreciated!
Expert:  Ben Jones replied 1 year ago.
Thank you and you are most welcome, best of luck with this