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Schengen visa for wife if not exercising free moment rights

 
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tebee
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Joined: 20 Mar 2012
Posts: 54
Location: France
PostPosted: Tue Oct 30, 2012 7:15 pm    Post subject: Schengen visa for wife if not exercising free moment rights Reply with quote
As a man with a Thai wife I've been asked for advice on behalf of someone else also with a Thai wife, but their situation is different to mine, so I thought I'd better ask on here, rather than give incorrect advice.

He is not exercising any treaty rights, is British, living and working in the UK. He wants to get a Short stay Schengen visa for Thai wife to visit Germany. His wife is currently in Thailand with no EU or UK visa

Does he have to go through normal procedure for this visa or can he use the shorter version for family of an EU citizen, getting the visa for free, having to provide less paperwork and having an automatic right of entry.
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Jambo
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Joined: 02 Oct 2009
Posts: 6142
PostPosted: Tue Oct 30, 2012 7:59 pm    Post subject: Reply with quote
One doesn't need to exercise treaty right to make use of the free movement directive.

Are they travelling together or is the non EEA wife joining the UK national in Germany or is the non EEA travel alone?
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EUsmileWEallsmile
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Joined: 07 Oct 2011
Posts: 4593
PostPosted: Tue Oct 30, 2012 8:20 pm    Post subject: Re: Schengen visa for wife if not exercising free moment rig Reply with quote
tebee wrote:
As a man with a Thai wife I've been asked for advice on behalf of someone else also with a Thai wife, but their situation is different to mine, so I thought I'd better ask on here, rather than give incorrect advice.

He is not exercising any treaty rights, is British, living and working in the UK. He wants to get a Short stay Schengen visa for Thai wife to visit Germany. His wife is currently in Thailand with no EU or UK visa

Does he have to go through normal procedure for this visa or can he use the shorter version for family of an EU citizen, getting the visa for free, having to provide less paperwork and having an automatic right of entry.


If accompanying or joining the EU citizen, then the directive applies. So for example, if he plans to travel to Germany and his wife joins him there, then she would be entitled to a free, faciliated Schengen visa.
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