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UK cannot block non-EU family members, European judges rule Non-EU family members 'do not need a UK travel visa', judges say
(35 minutes later)
European Union judges have ruled the UK cannot block family members from outside the EU entering the country without a travel permit. The UK cannot block family members from outside the EU, but who live in the union, entering the country without a travel permit, European judges say.
The European Court of Justice decision could open up Britain's borders to a large number of non-EU nationals.
The case centred on Spain-based couple Sean McCarthy, a dual British and Irish national, and his Colombian wife.The case centred on Spain-based couple Sean McCarthy, a dual British and Irish national, and his Colombian wife.
They argued she should be able to travel to the UK to see her British family without applying for a visa.They argued she should be able to travel to the UK to see her British family without applying for a visa.
The BBC's Danny Shaw said the decision could open up UK borders to other non-EU nationals living in Europe.
The McCarthys took action against the government under the European Union's freedom of movement rules.
Patricia McCarthy Rodriguez claimed she should be allowed to travel to the UK with her British family without having to obtain a British visa as she holds an EU Residence Card issued by the Spanish government.
The British government has until now required Mrs McCarthy to obtain a "family permit" visa every six months if she wants to travel to the UK.
The couple argued their right to freedom of movement was being infringed.
The European Court of Justice, which interprets EU law, backed the McCarthys, saying the UK cannot demand that family members of EU citizens resident in the EU have to have a special visa to come to the UK.