A couple of years I exchanged emails with the Immigration service in Gibraltar regarding taking my wife to Gib.

I have Irish and UK nationality (2 passports). If I did not disclose my UK nationality I was permitted to take my wife to Gib. I did that several times.

However, as a UK national I was permitted to take my wife to Gib only if I could show I had worked in Spain.

I had been a voluntary translator with the National Police for around 15 years. I asked the Immigration, ‘what constituted work ? ’ i.e. did it require that one had been paid?

I have copied the last email, which said I could take my wife to Gib. I have done that once using my UK passport. I took a copy of the email as I anticipated problems, but I was not questioned when we entered: I showed my UK passport, my wife her Filipino PP and Spanish Residencia.

I do not know if maybe as a result of my exchanges, or otherwise, if there was a change of interpretation in Gib , or if it only related to my circumstances i.-e. that I proved I had worked in Spain.


Now back the last post.

Immigration's powers would be confined to a person's right to enter Gib. The immigration service I understand would have no power to intervene with regard to a carriers right to permit a person to fly. Thus it would be solely BA who decide.

As I said, I do not know if a judgement in the ECJ instantly changes the law upon which they have pronounced, but I suspect it does not. Thus until the UK Government announce a change in their practice, I suspect any carrier will refused to check-in passengers whom they understand need a visa.

It is my understanding, that if a passenger is refused entry to any country, the carrier is required to return them ON THE NEXT FLIGHT to the country from which they flew. That is so even it means bouncing another passenger, they cannot delay until they find a seat. Thus the airlines are very careful not to be in such a situation.

On the point of ‘arresting them’. I do not have any knowledge of Gib law but I do not believe there is any common law right to arrest (even in UK) and certainly no statutory power to do so. It would I believe be a matter for civil not criminal proceedings.

Malolos, I would not recommend you attempt any unlawful act as it may land you in the courts in Gib. But I will be ‘watching this space’ to see how it goes, and I wish you success.


Emails to and from from Gib Immigration dated 30.9.13

Sent: 29 September 2013 09:42
To: Austin Viagas
Subject: entry to Gibraltar

I am a British national living in Spain with my non EU wife. She has permanent Resident Status.

I understand that if I have worked in Europe (outside UK ) my wife can accompany me to visit Gibraltar without requiring a visa (Surinder Singh ? )

I have been a voluntary worker with the National Police, for 15 years and for a while with the Guardia Civil, although of course without payment.

I have a an official ID issued by the National Police showing that I am a 'Colablrador-Interprete'

Does that permit me to take my wife with me to visit Gibraltar ?


Thank you.

30.9.1
Dear Sir

Thank you for your enquiry. Your wife may enter Gibraltar if accompanied by yourself with her Spanish residency card which should state that she is a family member of an EU National.

Kind Regards


Austin Viagas
Executive Officer
Immigration Department
Royal Gibraltar Police
Duke of Kent House
Secretary's Lane
Gibraltar

Tel: +350 20061564
Fax: +350 20074198