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I am from Turkey and I am married to a Spanish woman. We live in Spain and I have Family Resident Card issued by the Spanish authorities. We are going to the UK for a 4-day trip. I applied for an EEA family permit but was told that it can take more than 4 weeks to be issued. Our trip is in 20 days.

My wife said that, if I don't receive before we leave, we can go to the airport, taking our marriage document with the official translation, and try to travel without the visa. She believes that I have the right to travel with her anywhere in the EU and they can't refuse me entry.

Is this accurate or is it a big risk? She claims that I could be stopped at the border, but they have to let me enter after questioning me.

marked as duplicate by phoog, JoErNanO Mar 29 '17 at 13:23

This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.

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This answer assumes that you are holding either Article 10 or 20 residence card.

As a holder of residence card either under Article 10 or 20 of directive 2004/38 known as "Free Movement Directive" you are indeed free to travel to any EEA member country as long as your EEA family member, in this case your wife, accompanies you and you have appropriate documents with you. What you need to bring is evidence that you have the right of admission under EU law, which means that you must bring with you:

  • your residence card
  • your passport
  • evidence of your ties to an EEA national you are travelling with, in your case that will be a marriage certificate

It is also worth adding that you can travel without being accompanied by a family member from EEA as long as you can bring supporting evidence that this person is lawfully in the UK already.

To also clarify some of your worries, the police is usually not involved in immigration matters - the border security is. And if they think that there is something not right they may indeed detain and question you to clarify anything they may find suspicious. That is also why it's best to apply for the family permit well before travelling, as application costs nothing and it reduces the possibility of that happening.

With a bit of luck your family permit will arrive before you depart, but if not then as long as your situation is genuine and you carry the required documents you shouldn't have any problems at the border.

  • Hello Tymoteusz, I think article 10 and 20 dont include me because; Article 10: An Article 10 residence card is a document which is issued under EU law however mine is used by Spanish domestic law because i live in Spain and my partner is Spanish Article 20: Permanent Residence Card of a Family Member of a Union Citizen. After 5 years, they will grant me as permanent. Now my family card is for 5 years (temporal card) After these information, i have still chance to travel with her? Thank alot for your help – user58814 Mar 29 '17 at 17:19
  • @user58814 as this question is a dupe, please follow the previous question, it answers that question quite well. – Tymoteusz Paul Mar 29 '17 at 18:58
  • @user58814 Spain is not obliged to issue article ten cards to the family of Spanish citizens, but they apparently have chosen to do so, at least in some cases. If your card says that it is for a family member of an EU citizen, or words to that effect, then it is an article ten card. Does it say that? – phoog Mar 30 '17 at 8:30
  • Hello @phoog at the front face of card it say^tarjeta comunitario^ comunity card. At the back side of the card, it says: ^motivo de concesión es familiar ciudadano de la union^ the giving reason is being family member of Eu citizen.So my answer is yes. It states that i am the family member. – user58814 Mar 30 '17 at 15:00
  • @user58814 may I suggest that you post a new question, with censored photo fo your card asking what sort of card it is? Seems like a better way to handle it than comments on a closed question. – Tymoteusz Paul Mar 30 '17 at 15:09

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