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Schengen scenario with EEA-Family-members

Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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ca.funke
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Location: Zürich, CH (Schengen)
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Schengen scenario with EEA-Family-members

Post by ca.funke » Wed Jan 25, 2012 1:26 pm

Just an imagined but "funny" scenario:

A family-member of an EEA national, resident in the UK, wants to travel to Poland for a week, and have a day-trip to Lithuania across the border, together with the EEA-spouse.

According to Schengen-rules, the applicant would have to apply with the Polish Consulate in London (main stay in Poland, and also first Schengen-entry into Poland), see >>here<<.

To the surprise of the applicant he learns, from the relevant official Polish website, that he does not need a visa.

Not being sure about the Lithuanian part, the applicant checks the >>Lithuanian Embassy´s website<<. The applicant learns that he does need a visa for Lithuania.

Summary so far:
  • Visa for Schengen-country Poland not needed.
  • Visa for Schengen-country Lithuania needed, although it is the same scenario!
Baffled, the traveller-to-be contacts the Lithuanian embassy, asking for visa formalities. After explaining the situation, he is told that he will have to apply with the Polish Consulate, as Poland (not Lithuania) will be his first point of entry and also his main destination. Therefore, the Lithuanian Embassy claims, they are not responsible...

...our law abiding traveller-to-be contacts the Polish consulate, where he is told that he cannot apply for a visa with the Polish Consulate, as he doesn´t need one by virute of being an EEA-family-member.

I wonder what would happen to this person, if ending up in a check in Lithuania...?!

The Visa formalities of Schengen are still one indescribable mess :!:

eldane
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Re: Schengen scenario with EEA-Family-members

Post by eldane » Wed Jan 25, 2012 3:33 pm

ca.funke wrote:Just an imagined but "funny" scenario:

A family-member of an EEA national, resident in the UK, wants to travel to Poland for a week, and have a day-trip to Lithuania across the border, together with the EEA-spouse.

According to Schengen-rules, the applicant would have to apply with the Polish Consulate in London (main stay in Poland, and also first Schengen-entry into Poland), see >>here<<.

To the surprise of the applicant he learns, from the relevant official Polish website, that he does not need a visa.

Not being sure about the Lithuanian part, the applicant checks the >>Lithuanian Embassy´s website<<. The applicant learns that he does need a visa for Lithuania.

Summary so far:
  • Visa for Schengen-country Poland not needed.
  • Visa for Schengen-country Lithuania needed, although it is the same scenario!
Baffled, the traveller-to-be contacts the Lithuanian embassy, asking for visa formalities. After explaining the situation, he is told that he will have to apply with the Polish Consulate, as Poland (not Lithuania) will be his first point of entry and also his main destination. Therefore, the Lithuanian Embassy claims, they are not responsible...

...our law abiding traveller-to-be contacts the Polish consulate, where he is told that he cannot apply for a visa with the Polish Consulate, as he doesn´t need one by virute of being an EEA-family-member.

I wonder what would happen to this person, if ending up in a check in Lithuania...?!

The Visa formalities of Schengen are still one indescribable mess :!:
I appriciate where you are coming from but when travelling from one Schengen state to another Schengen state there will be no pasport control hence the problem has vanished.

Now, with the above in mind; the question is if the airline (unless you are not travelling over land as there is a tiny land strip with frontier passage between Poland and Lithuania) will allow the non EU spouse board due to the TIM/Timatic database will tell that a visa is required.

Eldanés
Good intentions are appreciated but results are what matters..

ca.funke
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Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
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Re: Schengen scenario with EEA-Family-members

Post by ca.funke » Wed Jan 25, 2012 8:41 pm

Hi eldane,

I agree, 99% no problems.

However, with the embassy insisting a visa is necessary, they might deem crossing the border "illegal".

I´m pretty sure that in the end everyone could get out w/o charge, but until the matter is cleared up the concerned folks might be stuck for a while... :cry:

EUsmileWEallsmile
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Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Sat Jan 28, 2012 12:53 am

It is fascinating that the Lithuanian embassy does not recognise article 10 resident's cards as they are obliged to do by the letter of the directive and as per the Shengen borders code.

I wonder by chance is it that the words do not expressly state spouse of a Union Citizen instead of the UK words?

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