EEA Family Permit to go to France

[Youcantgowrong]

I am a UK Citizen (born and residing in Scotland) with Eu Passport. My wife of 6 years has a non EU passport with a Permanent Right To Remain on it. She wants to visit her sister in France. In the past she had to apply for a Shengan Visa, wait and pay. I see that if she has the endorsement "family memmber of EEA National' on her pasport then she could go to France to visit.
My question is 'how does she get this endorsement; where does she get it and how long does it take?' I understand it is valid for 6 months and is free. Could she (by appointment) go to the French Embassy in Edinburgh with relevant paperwork 9her passport, marraige certificate, my passport, my birth certificate) and have it granted that day or am I dreaming?

[Guerro]

or am I dreaming?

this is it!

[Guerro]

what type of permanent residence your wife got?
is it indefinite leave to remain or Permanent Residence under the EU Directive?

[Youcantgowrong]

sorry I do not understand your reply and would be grateful for helpful advice

[86ti]

Read Chapter 5, in particular 5.5. I suspect your wife is not eligible for a residence card under EEA regulations.

[Youcantgowrong]

She has been in UK for 15 years, we have been married for 6 years. she has an indefinite leave to remain.

[Youcantgowrong]

it might be easier for her to apply for british passport as shes passed the citizenship test but that costs an arm and a leg. All she wants to do is visit her sister in France for a week or two as shes done before. The French Embassy in Edinburgh are perhaps the rudest most arrogant I've ever met. I think she needs to apply about 2-3 months before planned travel, be prepared to wait a long time, pay money and be made to feel like a 2nd class citizen for whom they may choose to allow to enter their country briefly if they feel like it!

[86ti]

We get this question quite a lot, e.g.
http://www.immigrationboards.com/viewtopic.php?t=62193
http://www.immigrationboards.com/viewtopic.php?t=60897

[Youcantgowrong]

Interesting that you refer me the Marraige of convenience criteria at section 5.5 . Are you suggesting thisi s the case based on my post? We own property work, pay tax and have been married 6 years. As it happens it is very convenient! no idea where you got that idea from or why you'd find it amusing to post?

[86ti]

Interesting that you refer me the Marraige of convenience criteria at section 5.5

The numbering in that document seems to be totally screwed up. There is another section 5.5 on page 45.

[Youcantgowrong]

Thanks and apologies for wondering why you were questioning our marraige validity lol. It is all VERY confusing. One day she'll pay the money which I think went up from a low amount to £500 for her British National passport and all of this will be forgotten. Until then she has to accept that it will take ages to get sorted up just to go visit for a few days.

[Obie]

Even if your wife had a resident card, she will not be allowed to travel independently to france without a visa. She only benefit from free travel if she is accompanying or joining you in France. As the spouse of a union citizen, the french embassy is oblige to issues her a visa free of charge and on the basis of an accelerated procedure. It is your right

[Youcantgowrong]

I would like to find the legal written statement that 'as the Spouse of an UE resident citizen' my wife is entitled a Visa to visit France under an accelerated procedure. I have yet to see any evidence of that making the slighest difference to either how she is treated or how long it takes

[Guerro]

In your case you can't. You are a british citizen living in britain. The european legislation applies to european citizens living in a european country which is not their own country. To cut the story short, your wife is better off having a british passport otherwise she has to suffer everytime she wants to go abroad

[Obie]

I don't think your statement is correct Guerro. A British citizen has right to enter another memberstate from his/her state of origin, irrespective of whether they live in the UK. Article 5 of directive 204/38EC is applicable to the OPs situation.

[Guerro]

I don't think your statement is correct Guerro. A British citizen has right to enter another memberstate from his/her state of origin, irrespective of whether they live in the UK. Article 5 of directive 204/38EC is applicable to the OPs situation.

I totally agree with you, but a british citizen living in britain is not a union citizen and by no means exercising treaty rights. A british citizen has automatic right of admission by his citizenship but his family members who are subject to the british domestic law are not

[Obie]

What you are saying is correct, but it is not the case here. This fellow is not seeking for his wife to gain residency under EU law in the UK. That will be impossible, as his case might be purely internal to the UK, as he is a UK national. He is a Union Citizen under the definition of Article 17 of the EC treaty, however he cannot claim EU right of residence as a Union citizen for his spouse in the UK, except if he himself has exercised one of those freemovement rights in another member state.

He is seeking a faster and more cost effective means for his wife to enter France, therefore his status as a Union Citizen permits him to obtain a Visa for his spouse as provided for in the directive i citated above.

[Guerro]

So, can his wife obtain an accelerated schengen visa free of charge?

[Obie]

Yes she can Guerro, according to the directive i citated above. Some embassies are strict , in the sense they expect the non-EEA national to be accompanying or joining the Union Citizen in the memberstate they intend to travel to. Others only need to see proof that they are the spouse of the EU national