Do I need a visa as non-EU citizen w/German residence permit to travel to the UK

[pandakay 0]

Hi there,

 

I come from non EU country and now holding Aufenhaltstitel (3years residence permit)

I get married with german and live with him in germany.

 

my question is...

 

do i need a UK visa, if i travel with him?

 

last time (NOV2014) i applied UK VISA with EU/EEA family member (it's free).It was waste time and have to preparing all documents.

 

but i heard that if i travel with EU citizen to UK, I dont need to apply even EU/EEA family member visa. is it true?

 

Thanks!

[kaffeemitmilch 906]

You are legally allowed to do so, and at the UK border, they will eventually let you in. However, the airline can deny you boarding. If you intend to drive to Calais, then they'd give you a stamp 4 and let you in (you need proof of your relation ship with the EU citizen). Flying could be problematic until the UK implements the European Court of Justice ruling that their requirement for an EU family permit for someone with an EU residence permit was illegal.

[PLS 914]

Are you sure that they have implemented this change? The UK is not part of the Schengen Area. Looking at the Visas and immigration website, it doesn't indict that any sort of Schengen visa (family or otherwise) helps you gain access.

[kaffeemitmilch 906]

The UK has not implemented the ruling, no. But, they are not legally allowed to refuse an EU citizen and his/her spouse entry when they present themselves at the border because of the 2004/38/EC directive on freedom of movement. Some officers might not know what to do, but they end up calling a supervisor. You should have the marriage certificate with you. You technically don't even need the Aufenthaltstitel. The relationship is sufficient.

 

Of course, the EU family permit would be easiest (though technically MORE of a hassle).

[pandakay 0]

Thank you very much for your reply now i understand why UK visa section do not have this information.

I even heard that if u have only Aufenthalstitel is enough .. even I travel alone... this one might not be true :)

[kaffeemitmilch 906]

They are strongly against this ruling and are appealing it. Still, apparently they must comply with it until they win their appeal as no stay has been issued (I can't seem to find the source for this at the moment). The other thing is that the ruling does not stipulate that the EU family member must accompany the non-EU residence card holder to the UK. However, I would NOT try going alone, even if I were to enter from Calais. So, again, I would like to stress that you would be taking a uge risk if you were to try to fly to the UK without a family permit or visa at this time. Try going to Calais, or get the permit/visa.

[Afrofrau 75]

Oh wow, i had never heard of EU/EEA family member visa to the UK until now. Thanks for the infor TTers. I should most definitely give it a try and save us the trip to the High Commission

 

I believe airlines tread carefully with regards visa matters before allowing boarding due to the hefty fines applicable in the event that they land a passenger without or with an incorrect visa.

 

As a holder of an african passport and in need of a visa to just about anywhere outside of Africa, i've had my fair share of stepping aside whilst the airlines take a good look at my visa. In Canada, on departure, they would not let me board until after a senior person was fished out from the back office to confirm authenticity of my visa. In Colombia, partly due to language barrier,i was again held at check in until it dawned on me that the attendant was repeatedly flipping through my passport searching for my visa to Germany. I then showed her my Aufenthaltstitel and i was good to go. In both instances, the fact that my GerMan was with didn't hold any water.

[yourkeau 6,947]

I must add that Calais is not the only option to get to the UK by land. The other option is Eurostar train from Paris Gare du Nord. One can get to Paris Est from Frankfurt (ICE via Saarbrücken) and then change for Eurostar platform at Paris Nord (they are quite close), passport control with British officers is in Paris.

 

 

I believe airlines tread carefully with regards visa matters before allowing boarding due to the hefty fines applicable in the event that they land a passenger without or with an incorrect visa.

 

They use Timatic database as a source of information. If Timatic says "no", you can't convince them.

 

At the moment it says:

 

 

Visa required, except for Holders of a "Family Member"

Residence Card marked "(Permanent) Residence Card of a Family

Member of a Union Citizen issued by Germany to family members

 

It seems that you are perfectly ok to go by air, even alone!

[Jannerman 7]

I am a bit lost after reading this post. I've always been told I have to get a family visa (rather expensive) for when my wife wants to visit the UK from our permanent residence in Germany. I'm British , my son's British and my is Belarussian (and still holds a Belarussian passport but has German aufenthaltstitel). I can never get a straight answer from the embassy and have always paid the extortionate fee (around 420 euros for 2 year visa).

 

Do you think I could qualify for the free EEA family permit or have I missed something somewhere?

[kaffeemitmilch 906]

Yes you do qualify: https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun214-can-family-members-of-british-citizens-qualify-for-an-eea-family-permit-surinder-singh-cases

 

The embassy will do their very best to obscure your rights under EU law, but you do have them, and if you know that, they will have to honor your application. The only thing is you'll have to apply for one every six months, but they will be free (plus postage and travel costs).

[kaffeemitmilch 906]

yourkeau, this is news to me! Must've been updated recently?

[Jannerman 7]

Brilliant, I am going to give it a go. I assume this applies to visits aswell as residency?

[kaffeemitmilch 906]

Your partner can get one to go the UK WITH YOU or TO JOIN YOU for any reason (scroll down a bit in that section to find the explanation). Don't forget to give them an earful for hiding this from you and making you pay exorbitant fees for the regular family visa.

[pandakay 0]

I think what i have is.. "Aufenthaltserlaubnis" (3years) and what is yourkeau means "Niederlassungserlaubnis" right?!?!

anyway if it possible, it would be great that i can travel alone to UK!! but next time i will go with him anyway :)

[yourkeau 6,947]

 

yourkeau, this is news to me! Must've been updated recently?

 

This is also news to me, I haven't been following this. Maybe.

 

 

I think what i have is.. "Aufenthaltserlaubnis" (3years) and what is yourkeau means "Niederlassungserlaubnis" right?!?!

anyway if it possible, it would be great that i can travel alone to UK!! but next time i will go with him anyway

 

No, no. Both can be used. "(Permatent) Residence Card" means "either temporary or permanent". Unfortunately, Timatic is only available in English.

[pabloml 0]

hey Pandakay, did you travel? how was it? I'm planning to go. I'm Peruvian but have my Aufenthaltstitel, married with a German, but when I tried to apply to the EEA Family Permit is sooo complicated! Please, let me know. As well if I can go alone, would be even better, because she can join me latter.

 

Thanks.

[Uncle Nick 6,240]

Try going to Calais...

 

Not such a good idea at the moment.

[HEM 9,737]

Given that the OP has not been back here since the 27th February recent postings seem a bit pointless

[Allershausen 6,413]

 

Not such a good idea at the moment.

 

Travelling from Calais is absolutely no problem. I used the channel tunnel at the end of June, when the British government and the newspapers were warning people to lock their car doors and all sorts of doom and gloom warnings. I never even saw any would be migrants, everything was running exactly as it has always done. You shouldn't believe everything you read in the press.

[yourkeau 6,947]

You shouldn't believe everything you read in the press.

I'd say: absence of the Sun readership in Calais makes the queue to the ferry shorter than usual, so it's a perfect time to travel now.