# Entering UK on Eurostar (from Paris) with no visa



## mcsim1024 (Dec 31, 2012)

Hi, 

I would like to ask your experiences or opinion on how much of a risk this is -- especially if someone has had a bad experience recently.

I am a German national, living and working in the UK, my wife is from a visa country, and she is studying here. Her EEA residence permit was wrongfully refused (an oversight of UKBA regarding my employment) and we have sent in a request for reconsideration. We want to travel to Germany during a weekend and come back via the Eurostar from Paris.

I believe that according to the Free Movement Directive, our case is rock solid: we are married, I have a full-time job with employment letter, payslips, bank statements, etc. Legally, they must let us back in and there should be no problem.

However, there is this residual worry that "What if they don't?". How likely is it that they come up with some nonsense wrong reason to not let us in? Will she get a rejection stamp in her passport (or in her file) and permanently have to deal with the issue that she was refused entry? Could we just go and try to enter via Calais, Brussels, or with a car, instead?

Thanks for your advice.


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## fergie (Oct 4, 2010)

If you have already appealed against your wife's rejection for the visa, whether you think it is right or wrong, you should not try to leave and enter the Uk, via any port of entry.
It could seriously jeopardise her chances against an appeal, and at worst end in a visa ban for her.
Wait until the outcome of your appeal.


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## mcsim1024 (Dec 31, 2012)

Thanks for your reply. We have not filed an appeal, but sent a letter requesting reconsideration (and added more documents to corroborate our case). It's essentially like applying for the residence permit again while hoping to stay on top of the queue (instead of starting all over).

I find it extremely wrong that they are denying our obvious right to travel; I could prove in any court that we are right, and that the UKBA is not allowed to deny our entry. But unfortunately, it seems like they have powers beyond the law.


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## AmyD (Jan 12, 2013)

You have the right to travel. But if she has no visa, she has no right to come into the country. Just work through the system and try to be patient.


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## Joppa (Sep 7, 2009)

There is always a risk in turning up at UK border without EEA family permit or a visa (for a visa national). Luckily there is juxtaposed border control at the Gare du Nord before boarding the train, so the worst that can happen is she cannot travel. To get Code 1A stamp, you have to provide as much supporting evidence you have about meeting the requirement under EU regulations. They aren't supposed to deny her entry, except where there is doubt over the veracity of your marriage. 
Unless she has a Schengen visa, she cannot enter Germany, as she doesn't hold residence card. If you are flying from UK to Germany, she may not be allowed to board the flight.


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## mcsim1024 (Dec 31, 2012)

AmyD said:


> But if she has no visa, she has no right to come into the country.


Because of the involved risks, we will not travel. But what you say here is wrong. She indeed does have the right to come into the country without a visa because she is married to an EEA citizen who is exercising treaty rights in the UK and is traveling with her:


http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF

Directive 2004/38/EC, Article 5 (4):

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time *or to corroborate or prove by other means that they are covered by the right of free movement and residence.*


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## mcsim1024 (Dec 31, 2012)

Thanks, Joopa, that is what I expected. She has a year-long multiple-entry Schengen visa, so there is no problem on that side.


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## Joppa (Sep 7, 2009)

My latest info suggests there will be a delay at the border control while they discuss with supervisor etc, so I suggest you turn up early at the station.


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## UK-GTR (May 14, 2013)

Joppa said:


> My latest info suggests there will be a delay at the border control while they discuss with supervisor etc, so I suggest you turn up early at the station.


There have been reports over the past few months that UKBA personnel at the juxtaposed control point at Gare du Nord are claiming they are not a port of entry as defined by the UK Border Force Operations Manual, and therefore they have been refusing to consider entries under EEA rules for non-EEA or provide Code 1A stamps. How often this happens is not clear, but it appears it has been happening.

People is this situation might be better served traveling to Calais and entering there, as there have been no reports of the UKBA post there claiming they are not a port of entry.


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## Joppa (Sep 7, 2009)

I don't know about that but it's true they are tightening up scrutiny of those claiming EEA status without EEA family permit or residence card. As I said, there is always a risk in turning up anywhere without EEA permit.


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## mcsim1024 (Dec 31, 2012)

I just wanted to report that we got in with little hassle. They got us aside and a supervisor came to talk to us. They took all our documents and we had to wait for about 10-15 minutes. But then they came back with the Coda 1A stamp and we got onto the Eurostar, back to England.

Note that at this time our application for a residence permit had been rejected and was under reconsideration. But since our documents were firm and complete, we were allowed to cross the border and a few days later the residence permit arrived.

Another success story: Somewhat later my brother and his wife were traveling from Germany to the UK. He is a German and she is from a visa country. They applied for an EEA family permit but their documents were not complete and they got rejected (it was their own fault). I told them to travel by the free movement directive without a visa and they entered on the ferry via Calais without a problem.


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