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I am married to an Irish national who has been living in the UK for more than 10 years. The article 10 stipulates the following:

evidence that your EEA national family member is in the UK, and evidence that they have a right of residence in the UK because: they have been in the UK for less than three months, or they are in the UK as a worker, self-employed person, self-sufficient person or student, or they have acquired a right of permanent residence in the UK under EU law.

As a lot of Irish citizens they do not require evidence to remain in the UK. I have an EEA-UK resident card that allows me to enter-remain in the UK. I have a conference to attend in Portugal and won't be travelling with my EU spouse. The question is what other evidence of his presence in the UK and any other evidence of his right to remain could ? bring since he is Irish?

I feel a bit confused.

Thanks.

  • I assume you wish to travel for a short time to Portugal without your spouse and back. If yes, our sister site travel.se might already have answers for you, for example see the second answer at travel.stackexchange.com/questions/42170/… – SztupY Sep 14 '17 at 18:04
  • @SztupY I think you overlooked "and won't be traveling with my EU spouse." – phoog Sep 14 '17 at 18:49
  • Stephanie: your spouse's presence in the UK or anywhere is not relevant when you travel to Portugal; you seem to be reading about those who are traveling to the UK with an Article 10 card, but that's not your situation. – phoog Sep 14 '17 at 18:50
  • @phoog that's why I mentioned the second answer which does include some notes on what happens then – SztupY Sep 14 '17 at 20:42
  • @SztupY Sorry, I was confused; I misread "without your spouse" in your comment as "with your spouse." But the question you linked to concerns someone with ILR, not an Article 10 card as does Stephanie. The case of traveling with the spouse is therefore different (the "for the sake of completeness" section in Relaxed's answer). I agree that in this case, that is, traveling without her spouse, the requirements will be the same. Note that since the two top answers both have 8 points at the moment, either of them could be shown "second." – phoog Sep 14 '17 at 21:11
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The material you've quoted ("evidence that your EEA national family member is in the UK," etc.) appears to be from the UK government's page on entering the UK as the holder of an Article 10 residence card. That doesn't apply to you, because you're seeking to enter Portugal as the holder of such a card.

The directive is somewhat ambiguous on the question of whether an Article 10 card holder should be exempt from the visa requirement when traveling without the EU/EEA family member. I think there is a way of reading it such that a visa is not required, but the current interpretation seems to be that the visa is required. I do not know whether this has ever been determined in court.

This is from Timatic, the database that your airline will use to determine whether they should let you board (emphasis added):

The following are exempt from holding a visa:

Passengers with a family member residence card issued by United Kingdom. The card must be issued to family members of a national of Switzerland or an EEA Member State . They are visa exempt for a maximum stay of 90 days and must travel with or travel to join the national of Switzerland or EEA Member State. This does not apply to passengers with a different type of residence permit.

Because you are planning to travel to Portugal without your spouse, you will therefore need a normal Schengen visa (unless you're a national of one of the visa-exempt countries; the Portuguese government has a list of countries whose nationals require visas). This is confirmed on the relevant page of VFS, the visa processing service provider:

Any applicant, travelling without his/her EEA/EU or Swiss national family member, cannot apply as EEA/EU and Swiss national family member and need to apply as Tourist, i.e. providing all the required documents and paying the applicable visa fee.

The Portuguese consulate in London has a page about visas, but that does little more than link to the VFS site.

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