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Non-EU family members 'do not need a UK travel visa', judges say | |
(35 minutes later) | |
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 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. |