UK Spouse/ILR Visa / Travelling to Spain/Other European Countries

[Insight]

Apologies if this has been asked before. I did have a brief scan of the pinned topics but couldn't see it mentioned.

The Mrs has just successfully had a UK spouse visa renewed, and is now the owner of one of these Biometric Residence Permit doofers.

We'd like to take a week out in Spain. Point #6 on this website - http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Pages/CheckPassport.aspx - seems to indicate that because she has a BRP she does not need your typical Schengen visa to visit Spain. Can anybody here confirm whether this is the case?

We'd much rather obtain a visa is there's any possibility we could be turned away.

Big thanks in advance to anybody who can shed some light on this.

[7by7]

To use a residence card or permit issued by one EEA state to enter other EEA states, including the Schengen states, without a visa the card/permit must say that the holder is the family member of an EEA national; and residence cards issued under the UK immigration rules, e.g. an initial spouse visa, FLR and ILR, do not say this.

So she should obtain a visa.

Though strictly speaking it should be possible for her to enter another EEA state without a visa provided she:

• can satisfy immigration that she is travelling with or to join you,
• can satisfy immigration that you are an EEA national, e.g. British,
• can satisfy immigration that she is your qualifying family member, e.g. your wife.

See 'Arriving at the border without an entry visa' on this page.

However, as it says there, it's better to be prepared in advance; i.e. have the appropriate visa.

This will not only prevent any possible delays at immigration while they satisfy themselves that she meets the requirements and qualifies for entry, it will also prevent any possible refusal of carriage by your airline, ferry company etc., who may not be fully up to speed on the rules.

Under the regulations, the application should be free, most of the requirements wont apply to her and it should be issued with the minimum of delay.

Edited October 14, 2015 by 7by7

[Insight]

Thanks, 7by7 - appreciate the thorough response.

Looks like obtaining a visa would be the safest approach. When we get through immigration I'll check with the staff there what the rules are.

[beano2274]

Glad that the Germans are really good, my wife's German Residence card has the sentence "Family member of an EEA National" on it, and therefore she can travel to the UK without a Visa.

Would be beneficial if all European Countries could ensure that all Residence Cards bear this sentence.

[wooloomooloo]

When we get through immigration I'll check with the staff there what the rules are.

As 7by7 previously stated, it's the carriers that present your biggest obstacle if travelling without a Schengen visa. If they refuse you boarding then you're screwed, irrespective of the rules and immigration's take on matters. Edited October 14, 2015 by wooloomooloo

[7by7]

Glad that the Germans are really good, my wife's German Residence card has the sentence "Family member of an EEA National" on it, and therefore she can travel to the UK without a Visa.

Would be beneficial if all European Countries could ensure that all Residence Cards bear this sentence.

That's because her residence card was issued to the family member of an EEA national, you, under the EEA regulations.

UK residence cards issued to family members of EEA nationals under the EEA regulations also have that wording: residence permits issued under the UK immigration rules don't.

Presumably because not all people in the UK as a spouse or other family member under the immigration rules are family members of a Brit or other EEA national.

What the wording is on German residence cards issued under the German immigration rules is, I don't know.

I agree, though, that it would be nice if all UK residence cards and permits did say that the holder is a family member of an EEA national; if that is indeed the case.