Brits can bring Non EU Family members into the UK without Visa- EU Court

by Tayyabal Riaz


Last month, Prime Minister David Cameron locked down the claim to benefits for EU migrants for the first 4 years of their move. This was an attempt to control Britain’s borders, whilst considering the movement of freedom rules.

Contrary to this, the European Court of Justice has ruled that these rules do not allow Britain to stop foreign family members of British citizens, who don’t hold a visa, from entering the country. This judgment was a result of Sean McCarthy’s case. McCarthy, a British and Irish citizen, has two children with his Colombian wife, Patricia McCarthy Rodriguez. Mrs McCarthy Rodriguez has to obtain a ‘family’ permit every six months, despite holding a EU residence card issued by the Spanish government. Finding this unfair, the couple took their case to the European Court of Justice and were lucky to have the ruling in their favour.

The decision means that the UK government cannot impose a Visa requirement on spouses of British citizens who already have right of residence in the EU even if they aren’t originally from countries within the EU.

However, the British government is dissatisfied by this ruling as reflected in Conservative MEP Timothy Kirkhope’s statement, the spokesman on justice and home affairs, said: “we are disappointed with this judgment as we believe that the UK’s visa system is both fair and lawful, and does an important job in meeting this country’s migration needs.

“Britain will always be best placed to decide and deal with its own immigration needs – not a judge in Luxembourg.”

Adding on and supporting this sentiment of the Government, UKIP MEP and spokesman on immigration Steven Woolfe said: “This is yet more proof that Britain can never take back control of its borders as long as it remains in the European Union.”


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