AIT Article 5 of the Citizens Directive (Council Directive 2004/38/EC) does not confer an unqualified right of pre-entry, entry or residence on family members of a Union citizen exercising Treaty rights. Family members are required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. As explained in CO (EEA Regulations: family permit) Nigeria [2007] UKAIT 00070, the United Kingdom has chosen to impose a visa requirement in the form of an EEA family permit regime. If a family member arrives at a United Kingdom border without an EEA family permit and seeks admission, he must satisfy the requirements of regulation 11 of the 2006 Regulations. Whether a person is entitled to a right of admission under regulation 11 depends on his being able to produce relevant documentation on that occasion (or within a reasonable period of time thereafter).
Citations:
[2008] UKAIT 00052
Links:
Statutes:
Immigration, European
Updated: 17 July 2022; Ref: scu.270759