[Reign]

Hi Everyone,

Need some expert advise.

I have a UK residence card issued 2015 valid until 2020. I left the UK March 2016 and moved to Spain together with my Spanish citizen wife. I am a Filipino citizen. Now I have a Spanish residence card (Family of an EEA).

We are planning of visiting our relatives in UK on December 2017 for 4 days max.

My questions are:

1. Am I allowed to enter UK with just my UK residence card or do I need to apply for a new UK visa? We've already bought round trip tickets for December.
2. Am I allowed to to enter UK with just presenting my Spanish residence card accompanying my Spanish wife?

Thank you for all the replies in advance.

Best regards,

Reign

 

[Reign]

UK Residence Card holder re-enter UK now living in Spain

Just to add:

I have a UK residence card issued 2015 valid until 2020. I left the UK March 2016 and moved to Spain together with my Spanish citizen wife. I am a Filipino citizen. Now I have a Spanish residence card (Family of an EEA).

Can I use my UK resident card to re-enter UK?

 

[Reign]

Thank you admin. I didnt notice you already created a new topic for me.

 

[Joppa]

Since you are in Spain on the basis of Spanish immigration law, your residence card isn't regarded as issued under Article 10 or 20, so you need EEA family permit to enter UK.
Does your card actually state “Residence Card of a Family Member of a Union Citizen”?
https://www.gov.uk/government/publi...as-the-holder-of-an-article-10-residence-card

 

[Joppa]

I have merged your two threads. Please don't open another on related topic.
I think your residence card is no longer valid as you and your EEA partner have left UK.
Your Spanish residence card may be regarded as Article 10 RC if you came to Spain under Surinder Singh provision following a spell living in UK, where your partner was exercising EU treaty right.

 

[Reign]

Hi Joppa, thank you for your reply. Yes my UK residence card states family of an eea, the only problem is that I informed the HMRC last year that I would be leaving the UK, and counting by December it would have been 1 year and 9 months since I have been out of the UK.

 

[Joppa]

So you can't use your UK residence card (expired by now) but if you presumably entered Spain under Surinder Singh, your Spanish residence card is Article 10 RC so can be used to enter UK without visa or EEA family permit. The words 'Family member of an EEA citizen' on your card are crucial. Read the link above.

 

[Reign]

So you can't use your UK residence card (expired by now) but if you presumably entered Spain under Surinder Singh, your Spanish residence card is Article 10 RC so can be used to enter UK without visa or EEA family permit. The words 'Family member of an EEA citizen' on your card are crucial. Read the link above.

Hi Joppa, not sure about that Surinder Singh, as far as I can remember, we did not file anything when we left UK. Could you please send me the link that you mentioned above? Do you think I should get a UK visa?

Thank you.

Reign

 

[xabiaxica]

Hi Joppa, not sure about that Surinder Singh, as far as I can remember, we did not file anything when we left UK. Could you please send me the link that you mentioned above? Do you think I should get a UK visa?

Thank you.

Reign

You wouldn't have needed to enter Spain under Surinder Singh anyway. You would have been granted residency as the spouse of a Spanish national, which I'm sure is what has happened in your case

It's much more straightforward in Spain than in the UK

 

[Joppa]

But as the Spanish residence card says family of EEA national, it must have been issued under Surinder Singh provision of EEA reguations and not under Spanish domestic law. The importance here is the residence card becomes Article 10 document and the OP can enter UK without EEA family permit or UK visa.

 

[Reign]

But as the Spanish residence card says family of EEA national, it must have been issued under Surinder Singh provision of EEA reguations and not under Spanish domestic law. The importance here is the residence card becomes Article 10 document and the OP can enter UK without EEA family permit or UK visa.

Thank you everyone. I will just get a new UK visa but it is still early to apply for one since our flight is on December.

Thanks again guys..All the best.

 

[xabiaxica]

But as the Spanish residence card says family of EEA national, it must have been issued under Surinder Singh provision of EEA reguations and not under Spanish domestic law. The importance here is the residence card becomes Article 10 document and the OP can enter UK without EEA family permit or UK visa.

The card & process for spouses of Spanish nationals & those of other EU nationals are the same in Spain.