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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2722
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am a British citizen living in the UK, with a Laos wife

Resolved Question:

I am a British citizen living in the UK, with a Laos wife and step-daughter. They hold a UK spouse and a UK dependent child visa, respectively. I would like to take them both to Portugal on holiday and believe I am entitled to do so under EU laws, but there is much conflicting information flying around. We are living in the UK my home country and thus not living in another EU country.
Am I able to book and trip, fly and arrive in Portugal without having obtained any visa for them, as long as they atre travelling with me, for a short holiday, or must we go through the hassles of obtaining a Schengen visa for them (hich I understand would be free under our circumstances)?
thanks
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Unfortunately, despite having spousal and dependant visas for the UK, they will still need to obtain entry visas from the Portuguese embassy prior to travelling. You can see further information on this here: http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htmI appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry.First of all EU nationals and their family members have the right to move freely and reside within the EU but a British national and his third country national family member can only benefit from free movement rights in the UK if they meet the criteria under Surinder Singh principle.In my view a UK citizen and their family members going to another EU member state are entitled to free movement and do not require leave to enter or remain and should be dealt with as persons seeking admission in accordance with the EEA regulations and not as persons seeking leave in accordance with domestic EU member state immigration laws and in your case domestic Portuguese immigration laws. Non EEA family members are usually informed to obtain a EEA family permit in the destination EU member country to avoid any issues. Where there is no family permit I would expect a third country national seeking admission at port as a family member of an EEA national to be assessed whether or not they qualify for admission under EEA regulations. So you should ensure you have all supporting documents.
Expert:  Frantz I replied 1 year ago.
Sorry hhlaw our wires crossed here I will opt out of this question to allow you deal with this.
Customer: replied 1 year ago.
Re the reply from Mr Harris, - I had understood that Directive 2004/38 EC Articles 5 & 10 provided for them (my spouse and dependent daughter) to accompany me without a visa. Is the reason not, because they have Laos passports, or because we all live in my home country (the UK) as opposed to a third/another EU country or some other reason?
Expert:  Harris replied 1 year ago.
Thank you - it is correct that they are covered under that Directive. EU countries are obliged to grant your family members every facility to obtain the necessary visas, and if you attend Portugal with no entry visa they cannot automatically turn them back at the border and you can use proof of family ties, such as marriage or birth certificate to establish the family ties, however as your step-daughter may not be legally your family member, entry visas will smoothen the process and avoid any disruption at the border.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 2722
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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