British Citizen w/Nigerian Spouse in Nigeria to go to France

[enfieldspares]

I am a British Citizen, living in the UK, that actually works in France. Since 1999.

Commuting by the Eurostar to be in France for four days per week and sometimes five days per week.

I have letters from the company that a I work for as a tour manager to confirm this dated 2011 (and others from 2003 and earlier when I rented my residence in France) and, indeed, a three month schedule of work in France from March 2011 up to May 2011 so far.

The company does not issue a schedule for more than three months ahead. However I have worked for them since 1999 and the work will continue up until November 2012.

My spouse is Nigerian and currently lives in Nigeria although we have known each other since 2002 and have been in a relationship since 2006.

Letters and Western Union Money Orders back to 2007 are available as I support her in Nigeria by that means.

From 2002 until 2006 I was resident in France and have documents to prove that including old French bank account statements and a confirmation from the letting agent.

When I now work there they provide me with hotel accomodation free of charge.

Obviously because of that I will not rent acomodation until I know if she can enter France under 2004/58/EU.

However having contacts there I can get accomodation at very short notice even if that means a spare room in a friend's appartment initially.

My question concerns my Treaty Rights under 2004/58/EU and her rights.

I will be returning to UK via France on 8 March having gone to Nigeria in February. I will actually be working in France from 10 March.

So my question:

If I wish to exercise my 2004/58/EU Treaty Rights does she simply fly with me from Nigeria to Paris with our passports and our marriage certificate and no other requirements?

We will be using Air France.

In other words do we just, if challenged at the Paris Airport (Charles de Gaulle/Roissy), simply say "Here is my UK Passport, her Nigerian Passport, our marriage certificate and I wish to exercise my rights under 2004/58/EU?

And that they must at that point admit her with me to France?

Or do I need to visit the French Embassy in Lagos beforehand and obtain any sort of visa for her?

Would it help writing beforehand asking this same question to the French Embassy in London?

Many thanks for all advice received!

The intention at a later stage is, of course, to then use Surinder Singh to make the "leg" from France to UK. And thus avoiding the £810 fee, the language test, the intrusive personal questions.

[MSH]

You will not be allowed to board the plane without a valid Schengen-visa to France. The Stupid are fined heavily if the board such passengers without valid visas, so the just don't. Forget about showing the directive 2004/38, no one ever heard of it and they frankly don't give a sh*t even if they have.

You COULD contact the French embassy in Lagos and tell then you wish to apply for a free Schengen-visa for the spouse of an EU-citizen and go from there. Knowing first-hand how corrupt and dearly beloved European embassy staff is in Africa, I suspect you will get the old run-around or possibly the classic story of how only spouses who already have a residence permit in the EU can apply of such a visa.

Far better to contact the French immigration authorities IN FRANCE and explain them your situation, qouting the relevant portions of the directive and apply for a spousal visa for your wife FROM FRANCE.

Good luck,

MSH.

[El shaddai]

Dont even try to go to the Lagos Airport without a valid Shengen visa for your Spouse because the only short cut is to make proper application to the French Embassy in Lagos or Simply look for a competent Lawyer in France to make the application for your spouse because most application from Africa are treated as extraordinary.