Do I need a Schengen visa to get into France for holiday?

[Shoganator]

Hi all,

I tried searching for other topics that cover this situation but didn't find anything.

I am a South African living in the UK, married to my wife who is British. I have a UK residency permit (Spousal visa), valid till sometime in 2011 for now.

Now we have a holiday booked in France next month and I am trying to get my clearance sorted out. I am a bit confused now though and was wondering of you guys could help me out.

I called the Consulate visa info line and they say "if you are a spouse of an EU national, then you don't need to book a visa appointment here, rather visit www.ambafrance-uk.org and look for further information there.

Now my wife is British, and naturally holds a British passport. So does that mean she is an EU national?

I went to the website and found this page: http://www.ambafrance-uk.org/Family-mem ... opean.html

It states:

Married spouses and children under the age of 21 or dependant of EU nationals are exempted from obtaining a Schengen visa to travel to France if they hold:
a valid passport;
a valid UK residence permit - issued by the Home Office - with the endorsement "family member of EEA national" (art 10 of the European council/parliament directive 2004/38 ce);
and if they are joining or travelling with the EU national.

However if they do not satisfy the above conditions, they need to apply for a visa to travel to France (for instance if their UK residency does not state those exact words/ the EU National is not going to France with them).

Caution:

This exemption does not apply to parents or unmarried/ civil partners;

Family members of French Nationals are not included in this legislation and still require visas to travel to France.

Does that mean I don't need a visa to gain entry for our 4 day holiday?

I am bit reluctant to believe it is that easy, so what I am thinking is that the UK is not with the Schengen scheme and perhaps not 100% an EU country, therefore I probably need a Schengen visa. Can anyone clarify based on my information above?

If so, do I need to book a schengen appointment? I have already filled out all the forms and got my travel itinerary / booking documentation together just in case!

Thanks for any help all!

[SAKSHI007]

Hi all,

I tried searching for other topics that cover this situation but didn't find anything.

I am a South African living in the UK, married to my wife who is British. I have a UK residency permit (Spousal visa), valid till sometime in 2011 for now.

Now we have a holiday booked in France next month and I am trying to get my clearance sorted out. I am a bit confused now though and was wondering of you guys could help me out.

I called the Consulate visa info line and they say "if you are a spouse of an EU national, then you don't need to book a visa appointment here, rather visit www.ambafrance-uk.org and look for further information there.

Now my wife is British, and naturally holds a British passport. So does that mean she is an EU national?

I went to the website and found this page: http://www.ambafrance-uk.org/Family-mem ... opean.html

It states:

Married spouses and children under the age of 21 or dependant of EU nationals are exempted from obtaining a Schengen visa to travel to France if they hold:
a valid passport;
a valid UK residence permit - issued by the Home Office - with the endorsement "family member of EEA national" (art 10 of the European council/parliament directive 2004/38 ce);
and if they are joining or travelling with the EU national.

However if they do not satisfy the above conditions, they need to apply for a visa to travel to France (for instance if their UK residency does not state those exact words/ the EU National is not going to France with them).

Caution:

This exemption does not apply to parents or unmarried/ civil partners;

Family members of French Nationals are not included in this legislation and still require visas to travel to France.

Does that mean I don't need a visa to gain entry for our 4 day holiday?

I am bit reluctant to believe it is that easy, so what I am thinking is that the UK is not with the Schengen scheme and perhaps not 100% an EU country, therefore I probably need a Schengen visa. Can anyone clarify based on my information above?

If so, do I need to book a schengen appointment? I have already filled out all the forms and got my travel itinerary / booking documentation together just in case!

Thanks for any help all!

You Dont need a visa brother.

[Wanderer]

You do need a visa, as you are here under UK immigration rules, the link above refers to 'Family Members of EEA Citizens' - you only get this RC if you here under EEA immigration rules which you aren't.

Will be free tho.

[alikhan28]

Uk is not part of Sahengen zone so you need sahengen visa to visit France.

Try this yahoo answers section.

http://answers.yahoo.com/question/index ... 108AAPQtVi

Ali

[Shoganator]

Hi all,

Thanks so much for the replies. I am looking into this further then and will try to get a visa appointment booked. Does anyone know if my wife could attend the appointment on my behalf if she took all my forms and documents with? Any other information clarifying my original question would also be highly appreciated!

Thanks again.

[alikhan28]

Hi all,

Thanks so much for the replies. I am looking into this further then and will try to get a visa appointment booked. Does anyone know if my wife could attend the appointment on my behalf if she took all my forms and documents with?

I know there are agents who can represent you on yours behalf.

Here is web link for complete detail.

http://www.theschengenoffice.com/portugal_embassy.html

Ali

[ca.funke]

Hi Shoganator,

you (officially) don´t need a visa for Schengen. Full details here.
http://www.immigrationboards.com/viewto ... 335#247335

Unfortunately, as per >>this thread<<, the EU-law sais that you really don´t need a visa, but also the member-states choose to ignore their obligations sometimes. So you have the right to go without a visa, but it´s unclear whether you´ll really get there.

Absurd but true.

Regards and I hope you´ll enjoy your trip.
Christian

[lkpone]

Hi Shoganator,

you (officially) don´t need a visa for Schengen. Full details here.
http://www.immigrationboards.com/viewto ... 335#247335

Unfortunately, as per >>this thread<<, the EU-law sais that you really don´t need a visa, but also the member-states choose to ignore their obligations sometimes. So you have the right to go without a visa, but it´s unclear whether you´ll really get there.

Absurd but true.

Regards and I hope you´ll enjoy your trip.
Christian

You absolutely DO need a visa! I am a SA citizen and it's VERY easy...

Just make an appt at the French Embassy. Make an appt specifically for the spouse of an EU national. Go with all your paperwork and your spouse's passport. It costs nothing. Wait around an hour and you're done! And they should give you a year, depending on when your visa runs out.

Please, please get a visa, otherwise you won't be able to travel. You absolutely, 100% DO need one as the holder of a SA passport!

Lindsay

[lkpone]

[quote="alikhan28
I know there are agents who can represent you on yours behalf.Ali[/quote]

You could, but you'd pay big bucks and wait WAY longer than if you went yourself. It's free if you go yourself and it took me about 50 minutes, from the time that I walked in, to the time that I walked out with my visa.

Lindsay

[ca.funke]

You absolutely DO need a visa! I am a SA citizen and it's VERY easy...

Hi Lindsay,

I understand why you say what you say, and for simplification I would also recommend getting a visa as it may take possible hassle out of the trip.

However, you absolutely DO NOT need a visa, at least according to the law. It´s just that the law is often ignored by the member-states.

See also the entry I linked to.

Regards,
Christian

[lkpone]

But SA citizens don't get issued with EU identity cards - it seems from that thread that you don't need a visa if you have this card. I may have lost the plot since there are quite a few quotes etc on that thread, but the gist I get from it is that if you have an EU card, you can travel visa-free.

Since I've been claiming Schengan visas based on marriage to an EU citizen, I haven't had to submit any evidence of my trip or finances. I literally submit my passport and my husband's passport and that's it The Hungarian embassy asked for the hotel we were going to be staying in, but I just gave the name, no address or proof of booking or anything.

But in my experience, they won't even let you past passport control in the UK if you don't have the correct visa for where you're going - whether it's law for them to do that or not. I'd rather be safe than sorry, especially since it's free and so easy to do.

Lindsay

[ca.funke]

mixed up "quote" & "edit" (as usual, sorry!)

[ca.funke]

Hi Lindsay,

if you have a "family-member-residence-permit", it just makes things easier. For the purpose of this thread, however, please just forget about that.

When there is a marriage EU+non-EU, all you need to care about is the following part: Article 5, Section 4 of 2004/38/EC:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

As a summary - bring

• both your passports AND
• your marriage certificate

and you are legally ready to go.

However, as per previous post, I recommend getting a visa anyway, as most member-states are not aware of the implications of the above. You have a RIGHT to be admitted, however if that right is ignored and you are subsequently deported, all you can do is sue the concerned stated for compensation. And that´s not a lot of fun.

I hope it´s clear what I mean

Rgds, Christian