ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Accompanying French spouse to France w/o visa

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

Locked
bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Accompanying French spouse to France w/o visa

Post by bluecole2 » Wed Aug 29, 2012 8:45 am

Since i'm really worried whether or not i'll be allowed to get on board Easyjet flight to Paris travelling with my French national spouse and not to talk about French border officer refusing me entry into France if I manage to get there. I have decide to come here again and seek advice, plenty of it guys. Please


First and foremost, are there anyone here married to French national exercising treaty right in other EU state (not Schengen- e.g UK, Ireland etc) travelled with there French spouse to France without a visa? Please share your experience

I'm very nervous about this trip only in a couple of days away, I need you guys to help prepare for everything the French border police throw at me.

The other thing is, whatever the case might be my wife has to continue her journey to France for an important family occasion. In the event the French had to return me to UK what is it likely to be with the UK border agency? My wife's is in France and i'm in UK. Will I be let through into the UK, will I have to queue up in non eu, fill up a boarding pass and have my passport stamped?

Please guy help with as many info as possible. This event is 2 days away and i've got to prepare for the worse.

Finally is it worth printing all the pages of the directive 2004/38/EC and just the relevant pages?

Thanks guys as always for your time.

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Post by bluecole2 » Thu Aug 30, 2012 7:26 am

Are there anyother text other than Article 5 and 10 of the deirective I can use to proof that I do not require a visa to France though my spouse is French.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Thu Aug 30, 2012 6:46 pm

What documentation do you hold? What nationality do you hold?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Fri Aug 31, 2012 10:36 am

The main text you rely on is the Surinder Singh ECJ.

The Directive normally doesn't apply to nationals of the member state (and it clearly states that on the French consulate website) unless in cases of a returning citizen (even for a short visit) after exercising treaty rights (as a worker) in a different member state.

SRAQAI
Member
Posts: 193
Joined: Thu Jul 07, 2011 8:33 pm

Post by SRAQAI » Sat Sep 01, 2012 5:27 am

I would be interested to know what the outcome of this journey was. What happened when you arrived in France without a visa? I am assuming you are a non-EU Citizen. Do you have a UK Visa? You do not mention what your status in the UK is. If you do not have status in the UK, I would assume they would send you back to your own country (whichever passport you hold)

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Post by bluecole2 » Tue Sep 04, 2012 9:27 am

Hi guys, thank for your response. It was I little too late.

However, i'm please to say I travelled to France without a visa. The only issue was the unintelligent border guard placing an exit stamp in my passport.

Arrived at the airport went through security, got to boarding gate calm but shaky inside. I went ahead of my spouse presented my passport with the RC page open. Since my wife stood next to me, the Easyjet lady asked if we were travelling as family and asked for marriage certificate which we got handy. She wrote something on the bottom page of my boarding pass, ripe it off and returned my passport. Was so happy but don't wanna show it so they don't change their mind.

At the border in France- did the same, opened the RC page and hand over to IO whom took a look at it, checked back of passport- it Nigerian, short word with colleague next to him showing RC page, colleague responded then returned my passport. No question at all. All this took a minute or 2.

At the border in France, departure: Lone border guard most likely doesn't know what the RC I presented to him was. Looked at passport page, scanned it, looked almost all the passport pages for entry or exit stamp but couldn't find one. Short look at previous French Schengen visa, looked again at pages for stamps, scanned it once again and placed a stamp on it. When told he's not suppose to do that started speaking to my wife in French that it's a Nigerian passport and it the law in France to do that. Daft isn't it. Wanted to complain but chose not to pursue the case further. Especially if i'm later told I needed a visa to enter and probably put on some blacklist.

Overall I'm very pleased I made it with my wife and also easyjet did well to let me fly considering the negative stories when it comes to flying with them without a visa. May be it's because my wife email them in advance making them aware of the directive 2004/38/ec along with our flight details or perhaps they had to pay too many compensation that sort of affected their profit and forced to learn.


Thanks all

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Tue Sep 04, 2012 6:41 pm

bluecole2 wrote:Hi guys, thank for your response. It was I little too late.

However, i'm please to say I travelled to France without a visa. The only issue was the unintelligent border guard placing an exit stamp in my passport.

Arrived at the airport went through security, got to boarding gate calm but shaky inside. I went ahead of my spouse presented my passport with the RC page open. Since my wife stood next to me, the Easyjet lady asked if we were travelling as family and asked for marriage certificate which we got handy. She wrote something on the bottom page of my boarding pass, ripe it off and returned my passport. Was so happy but don't wanna show it so they don't change their mind.

At the border in France- did the same, opened the RC page and hand over to IO whom took a look at it, checked back of passport- it Nigerian, short word with colleague next to him showing RC page, colleague responded then returned my passport. No question at all. All this took a minute or 2.

At the border in France, departure: Lone border guard most likely doesn't know what the RC I presented to him was. Looked at passport page, scanned it, looked almost all the passport pages for entry or exit stamp but couldn't find one. Short look at previous French Schengen visa, looked again at pages for stamps, scanned it once again and placed a stamp on it. When told he's not suppose to do that started speaking to my wife in French that it's a Nigerian passport and it the law in France to do that. Daft isn't it. Wanted to complain but chose not to pursue the case further. Especially if i'm later told I needed a visa to enter and probably put on some blacklist.

Overall I'm very pleased I made it with my wife and also easyjet did well to let me fly considering the negative stories when it comes to flying with them without a visa. May be it's because my wife email them in advance making them aware of the directive 2004/38/ec along with our flight details or perhaps they had to pay too many compensation that sort of affected their profit and forced to learn.


Thanks all
Good for you, but I will point out that you were not undocumented, you had an article 10 residence card, which allows you to travel visa free if accompanied by your spouse.

SRAQAI
Member
Posts: 193
Joined: Thu Jul 07, 2011 8:33 pm

Post by SRAQAI » Wed Sep 05, 2012 2:40 pm

Thank you for the update and the story. Yes, you were documented, and you should not have had an issue anyway :) Glad it went well for you!

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Post by bluecole2 » Fri Sep 14, 2012 10:39 am

Good for you, but I will point out that you were not undocumented, you had an article 10 residence card, which allows you to travel visa free if accompanied by your spouse.
Thank you for the update and the story. Yes, you were documented, and you should not have had an issue anyway Glad it went well for you!
I am aware of that but it's contrary to what the French embassy posted on their website. Obviously isn't correct but they are more likely to disregard the directive 2004/38/ec in the case I think.

Locked
cron