# European travel with a BRP



## uk5671 (Nov 16, 2011)

My husband has just had his FLR(M) approved, following a fiance visa, and is due to receive his BRP within the next 7 days (finally!) 

Is he able to travel to Europe (Spain particularly) with me for holidays with just his passport and the BRP or does he need a visa? I am finding conflicting information online. 

I saw this:

"Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, family members of an EU/EEA national in possession of a valid UK Residence Card specifying its condition as a family member do not require a visa to enter Spain when travelling with the EU/EEA National or joining him/her in Spain. Otherwise, a visa will be still required (Real Decreto 1161/2009, 10th July 2009). "

but then found forums in which people state it doesn't apply for BRP holders, only 'Residence Card' holders. My husband is Peruvian if that helps.

I would be grateful if somebody could clarify the above. 

And thank you for all the information on this forum, I have found it very helpful!


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## Joppa (Sep 7, 2009)

uk5671 said:


> My husband has just had his FLR(M) approved, following a fiance visa, and is due to receive his BRP within the next 7 days (finally!)
> 
> Is he able to travel to Europe (Spain particularly) with me for holidays with just his passport and the BRP or does he need a visa? I am finding conflicting information online.
> 
> ...


I'm afraid the European regulations don't apply in your case as your husband is here under UK immigration law, and not as a family member of an EEA national exercising treaty rights (who would be issued with residence card).

What this means is for travels, he will be treated just as Peruvian national, and if they need a visa, he needs one too. So for Spain, he will need a Schengen visa, from the Spanish consulate. The only concession is, by having a resident visa for UK, it may make it easier to apply for Schengen and other visa, and it may even be possible to be issued a long-term Schengen visa (restricted to 90 days in any 180), so that he won't have to apply one for each trip. Only naturalisation as British national (after 5 years if under the new rules, 3 years under the old) will eliminate the need for a visa.


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