EU court ruling calls British visa rules illegal

Sean McCarthy and Patricia McCarthy Rodriguez with their British national children

This article was last updated on April 16, 2022

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Sean McCarthy and Patricia McCarthy Rodriguez with their British national childrenEuropean Union’s Supreme Court ruling on Thursday has called British visa system for the family members of EU citizens illegal.

This is another blow to the U.K. government’s efforts to limit immigration. And it came after the EU judges were ruling over the case of Sean McCarthy, a British and Irish citizen, who was married to a Colombian national, Helena Patricia McCarthy Rodriguez.

The couple have two young children who are both British citizens. Although Mr and Mrs McCarthy lived in Spain, where Ms Rodriguez had a residence permit, they would often return to the U.K.

Despite holding an EU Residence Card issued by the Spanish government, U.K. authorities demanded that Mrs McCarthy to apply for obtaining a “family permit” visa every six months.

Afterwards, Mr McCarthy took legal action against the British government in 2012, arguing that this situation broke EU laws on freedom of movement.

The European Court of Justice (ECJ) today have agreed with Mr McCarthy, ruling that the British regulation cannot block non-EU family members from entering the country without a travel permit under EU laws on freedom of movement and that the U.K. must recognise any residence card granted by another EU member state unless fraud is suspected.

It is expected that the fresh judgement on the matter could now potentially open up Britain’s borders to large numbers of non-EU nationals.

A Downing Street spokesperson has said Prime Minister David Cameron disagreed with the ruling.

He has told: “The U.K. is disappointed with the judgment in this case.

“It is right to tackle fraud and the abuse of free movement rights.

“As the case is still to return to the U.K.’s High Court for a final judgment, it would be inappropriate to comment further at this time.”

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