# Denied Boarding on Ryanair EEA Family Permit



## Sleiman (Jan 17, 2016)

Hello

I'm Lebanese, living in Spain, married to a Spanish Citizen, holder of Spanish residence card as EU Family member, and with a Valid EEA Family Permit to the UK
Last month I traveled alone to the UK for the first time with the EEA FP, on board Ryanair, and I was never asked about my wife on the Ryanair desk nor at the UK border of Entry.
My wife and I both have NHS contracts as doctors, have a house rent contract under both of our names.
Today I wanted to travel again in order to collect our house keys, buy our baby a cot, contract the utilities and furniture the house.... in brief, making the house a living space suitable for our small baby before my wife and baby join next Friday.
This time around, the Ryanair desk didn't allow me to board, claiming they consulted the Uk immigration authorities. They didn't even allow me to talk to these "authorities" in order to justify my claims, and didn´t even allow me to produce proofs of residency of work for the both of us. I doubt they even consulted anyone as they always "talked" behind closed doors and I don't even know what they told these "authorities".

I wanted to know if Ryanair attitude was right, not letting me to board nor allowing me to talk with their "immigration authorities" to justify my claims. They substituted the UK border authorities, falsely, and with no rights as i see it. They even impeded my right to free travel within the EU. The rent and my wife's working contract clearly proof she is exercising her treaty rights, her boarding pass clearly proofs she would be joining very soon.. Ryanair didn´t even want to check any other proof apart form the EEA FP... very unpleasant experience.


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## AmyD (Jan 12, 2013)

You don't have free travel within the EU. Your wife does.


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## nyclon (Apr 3, 2011)

I am pretty sure that with an EEA Family Permit you need to either be travelling with the EEA spouse or joining them in the UK.


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## Sleiman (Jan 17, 2016)

The Spanish Residence as a EU Family member extends this right to me within the Schengen Area. You can check the EU treaties. The UK is not part of the Schengen though, but by issuing the Family Permit, recognizes this right.


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## Sleiman (Jan 17, 2016)

nyclon said:


> I am pretty sure that with an EEA Family Permit you need to either be travelling with the EEA spouse or joining them in the UK.


If my wife has exercised her treaty rights in the UK by seeking residence and work, I am exempted from this restriction as I read. Again, this was the primary dispute point with Ryanair who did not allow me to board, even when I entered the UK alone with no hindrance nor questions asked 4 weeks prior to this episode. The border agent didn't even ask me about my wife at that time....


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## Joppa (Sep 7, 2009)

They were wrong last time and they were acting correctly this time. EEA family permit only allows you to enter UK together with your wife or when you are joining her in UK. For you to travel on your own while your wife stays outside UK, you need UK visit visa as visa national.


> If the family member is not travelling with the EEA national or will not be joining them in the UK, they will not qualify for an EEA family permit and would need to apply for entry clearance under the Immigration Rules and pay the relevant fee if they want to come to the UK.


https://www.gov.uk/government/publi...rmit-eun02#eun21-what-is-an-eea-family-permit


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## Sleiman (Jan 17, 2016)

Joppa said:


> They were wrong last time and they were acting correctly this time. EEA family permit only allows you to enter UK together with your wife or when you are joining her in UK. For you to travel on your own while your wife stays outside UK, you need UK visit visa as visa national.
> 
> 
> > If the family member is not travelling with the EEA national or will not be joining them in the UK, they will not qualify for an EEA family permit and would need to apply for entry clearance under the Immigration Rules and pay the relevant fee if they want to come to the UK.
> ...


Thank you for clarifying this. Assuming the border agent was wrong the first time and granted me entry , don't my subsequent travels classify as "re-entries" and therefore can be without the spouse? The reason why I'm asking is that i read that this condition (accompanying my spouse) was for initial entry only and that i could be exempted from it in subsequent travels if my wife has a work and proof of residence in the UK. Thank you, and sorry again on insisting out of ignorance.


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## Joppa (Sep 7, 2009)

No, your wife needs to be physically resident in UK, just having a job and accommodation isn't enough, and in your case, she is preparing to move to UK with your child so not yet resident.


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## Sleiman (Jan 17, 2016)

Thank you again for your reply. And after she enters the UK and starts working? Does she needs to be physically in the UK or accompanying me in order for me to exit and enter the UK? Or am i exempted then from this condition? Thx


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## Joppa (Sep 7, 2009)

Yes, she has to be resident in UK, and after 3 months, she needs to be a qualified person exercising EU treaty right (such as working). Exceptions may be made if she has her main home in UK but happens to be abroad on holiday, on business trip, visiting her family etc. In that case you should carry documentary evidence of her status in UK, such as job contract, payslip, tenancy agreement with her name on etc. It will help if she can get optional registration certificate, which she can apply at the same time as your residence card for £65 fee.


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## Sleiman (Jan 17, 2016)

Ok, so I understand that exeptions can be made after she has settled in the UK if I can provide proof of her exercising treaty rights (tenancy agreement + letter if employement/payslip/contract). You mentioned 3 month as a limit before which exeptions cannot be made. Is that so? Or is it as soon as she settles in the UK and I can provide proof of that?

Regards


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## Joppa (Sep 7, 2009)

During the first three months, she has to be in UK or travelling with you, until such time as she becomes a qualified person and you can show documentary evidence of that.


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## freezing (Jan 2, 2016)

Joppa said:


> During the first three months, she has to be in UK or travelling with you, until such time as she becomes a qualified person and you can show documentary evidence of that.


Joppa, do you happen to know, I am confused with this; how do the border officials or airlines know whether your EEA spouse is physically in the UK within the first 3 months?

Eg. I (EEA national) apply for a family permit for my non-EEA husband. We receive it. We are both *outside* UK at the time of application. Then, I go to UK to look for jobs and flats. 1 month later my husband wants to join me, obviously flying alone as I am already in the UK. _Is he going to be denied entry, how do they know if he is joining me (as in, where am I located at the moment)? _

I know you can apply for as "going to UK together" OR "joining family member in UK", but at the airport i doubt they see these details...

Did I overlook something or why does it seem confusing? 

Cheers Joppa for the great work with the community.


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## Sleiman (Jan 17, 2016)

They don't. They just trust you. If your spouse can provide a proof of adress (tenancy agreement; utility bill, etc) and your employment in the uk, it no longer matters where you are.


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## Joppa (Sep 7, 2009)

And if you get as far as UK border, they will ask where your partner is, and they often phone them up to confirm.


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## ALKB (Jan 20, 2012)

freezing said:


> Joppa, do you happen to know, I am confused with this; how do the border officials or airlines know whether your EEA spouse is physically in the UK within the first 3 months?
> 
> Eg. I (EEA national) apply for a family permit for my non-EEA husband. We receive it. We are both *outside* UK at the time of application. Then, I go to UK to look for jobs and flats. 1 month later my husband wants to join me, obviously flying alone as I am already in the UK. _Is he going to be denied entry, how do they know if he is joining me (as in, where am I located at the moment)? _
> 
> ...


My husband was once held back at the border for two hours. I was working in England, he was coming from Germany on an EEA family permit.

They asked him about where I live, where I work, since when, etc., etc. and made phone calls to confirm this.

So, if they have doubt, they can and will indeed check information given.


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