'I knew I had the correct residence permit but easyJet still wouldn't let me fly'

The Telegraph
You may be able to claim compensation of between €250 and €600 if your flight is cancelled or you are wrongly denied boarding - GETTY
You may be able to claim compensation of between €250 and €600 if your flight is cancelled or you are wrongly denied boarding - GETTY
Ha Thi Binh An writes

On February 24, I checked in at London Stansted for an easyJet flight to Prague. I hold a Vietnamese passport but am married to a British man and live in the UK. I hold a residence card as a family member of a European Union citizen, which gives me the right to live and work both in the UK and the EU.

EasyJet staff said I could not travel, as I did not have a visa for the Czech Republic. I pointed out that my residence permit allowed me not only to visit but to work in any EU country.

Even after a manager was called, easyJet refused to believe me. They told me they were following the airline’s guidelines and suggested that I could only travel if my husband accompanied me. I was not allowed to board the flight and returned home.

I wrote to easyJet’s customer services, saying it had been negligent. I asked for a refund of the return flight of £66 and expenses of £88 plus €250 (£217) under EU Regulation 261/2004 as compensation for denied boarding. EasyJet wrote back to say that a visa is needed to enter the Czech Republic from the UK because the UK is not a Schengen member state.

I know this is incorrect. How can I take it further?

Gill Charlton, consumer correspondent, replies

Airlines can be heavily fined if they transport passengers without the correct entry paperwork. However, Ha An has since flown to Prague with Ryanair, which made no comment on her paperwork, so it is clear that easyJet was in the wrong. This is the second easyJet case of this type to come to our attention recently.

I can see how staff made the mistake. If a non-EU national holds only a national residence permit, they do need a visa to enter countries in the borderless Schengen Area. But Ha An holds an EU-wide right-to-reside-and-work permit. This means she can travel to any EU country on her own without a Schengen visa.

I suggested she ask easyJet for her case to be escalated. A few weeks later, an agent rang to say they would refund a paltry £13, the cost of the outbound flight. After further exchanges, easyJet finally admitted it had made a mistake. It has now repaid £371 to cover the return flight, travel expenses, and EU denied boarding compensation.

EasyJet says visa rules are complex, with varying types of residency and EU cards and combinations of documents. It says it has taken steps to ensure staff are aware of the rules.

If you are travelling to the EU after Brexit as the holder of a UK residence permit, it is important to check whether you need extra paperwork or a Schengen visa.

The latest visa advice and links to consular websites can be found on the Foreign Office’s travel advice site (fco.gov.uk). It may be a good idea to print it and take it with you to the airport.