Over the past few weeks BIC had a number of queries relating to the judgment by the Court of Justice of the European Union in the case of McCarthy v United Kingdom.
In short, the judgment said that the United Kingdom cannot block family member of EU citizens from entering the Britain without a UK visa. In other words, the UK Home Office is not permitted to require the family members of EU citizens, who are already in possession of residence cards, to apply for further documentation to enter the UK.
However, the UK Home Office is apparently considering the implications of the judgment and the case will return to the High Court.
It is important to keep in mind that the family member must travel with the EU citizen, or intending to join the EU relative, and have a residence card under the terms of the Free Movement Directive. Until things are clearer regarding the above, and in order to avoid possible inconvenience and stress, it is suggested by some opinion makers in the immigration field that it might be best to apply for a family permit anyhow.
For more information please email your BIC consultant.
Visit www.bic-immigration.com or email info@bic-immigration.com
