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I am a non-EEA national but my 7 years old child holds EEA nationality. For this reason we all 3 people of rest of my family posess Article 10 residence cards. Article 10 is very clearly mentioned on our cards.

In this case do we need a visa to travel to the UK? Some people replied YES and some said No but i am still not sure. I called UK border and immigration and paid almost 24€ for this call but got no satisfactory reply as its not a clear reply in YES or NO.

I am afraid because child is Minor but at the other hand is that we have been granted article 10 then there should be no obligations to get UK visa for a visit of one week?

Can anybody help? Maybe somebody has had such an experience?

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  • I submitted an edit suggestion to clean up the language. You have tagged this germany but there is nothing about Germany in the post -- can you please review and perhaps clarify if there is indeed some connection to Germany?
    – tripleee
    Commented Jun 29, 2018 at 9:41
  • @sohail The criteria for entry are here gov.uk/government/publications/… It’s not clear from your question what your EEA relative’s Member State of nationality is nor where they are currently residing, however I don’t think you meet the eligibility criteria en.wikipedia.org/wiki/…
    – Traveller
    Commented Jun 29, 2018 at 9:42
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    This sounds very odd. A child can sponsor a parent for an article 10 card normally only if the parent is dependent on the child. Is your child really the only EEA national in your family? Also, the identifying language of an Article 10 card doesn't include explicit mention of Article 10. What does your card actually say?
    – phoog
    Commented Jun 29, 2018 at 9:58
  • @phoog This status probably derives from ECJ precedents like Chen, Ruiz Zambrano or Chavez-Vilchez (note that the court went much further than the directive, even finding grounds to allow parents to stay in the country of their child's citizenship).
    – Relaxed
    Commented Jun 29, 2018 at 11:06
  • You may want to merge your accounts (user79804 and sohail).
    – phoog
    Commented Jul 5, 2018 at 16:26

1 Answer 1

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I seriously doubt it. Even though you have the card, your situation does not clearly fall within the scope envisioned by the directive and the UK guidance on how to apply it following the 2014 McCarthy case. Note that the guidance makes it plain that the UK (and its border guards) will double-check whether you qualify under (their interpretation of) EU law. In other words: having the card is not enough, they can demand evidence that you are really a spouse or parent or an EEA national, as applicable.

I suspect your situation is more akin to that of the Chen case but the UK takes a rather restrictive view of its consequences. You would be covered by limited (derived) freedom of movement rights if your child had serious reasons to reside in the UK (like going to school there since their birth). But it seems unlikely to work for a touristic visit for your own purposes (or to move to the UK, for that matters).

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