United Kingdom border controls

7.9.2017

Question for written answer P-005596-17
to the Commission
Rule 130
Gabriele Preuß (S&D)

In the past few months, there have been increasing reports of family members of EU citizens being subject to additional controls when they enter the UK. Those affected have been persons who, in accordance with the provisions of Directive 2004/38/EC, had travelled accompanied by their EU spouse/family member without a visa and without the EEA Family Permit issued by British embassies.

Visitors report that they were asked by British border officials to apply for a visa for upcoming trips, that they could be denied entry and that the situation as regards entry to the UK will soon be changing.

1. Does EU Directive 2004/38/EC give the UK the right unilaterally to change entry requirements for dependents of EU citizens, for instance by making visas or other documents to be obtained in advance (such as the EEA Family Permit) mandatory?

2. Is it still in line with the judgment C-68/69 1991 of the ECJ that EU citizens and their dependents should be dispensed, as a matter of principle, from any requirement to answer questions on the purpose of their journey at UK border controls?

3. Under what circumstances is the UK entitled to refuse entry to EU citizens and their family members?