Travel to Schengen, without visa, for EEA-family members

[trinh9htv]

Hi,

I'm British citizen. My husband and I just got married in Feb 2013. We planned our first trip away to Malaga on 19th April. He has Indefintely Leave to Remain UK Resident Permit on his own right (not because of being my spouse). He is eligible to apply for UK passport now but due to work commitment, we want to go to Malaga for a few days first then apply for his passport later (as it would take a minimum of 2 months to get his passport)

My husband's Schenghen visa was expired in March 2013. As soon as his visa was expired, we applied to VFS Spanish Consulate for visa's appointment. Unfortunately the earliest appointment was last Thursday 4.4.13. Because his passport is Vietnamese, VFS insists a minimum of 4 weeks processing time. We applied anyway. We provided all documents: his passport, my passport, our marriage certificate (we got married in England), our bills showing our shared address, our itinerary / hotel booking showing our travelling together, our travel insurance, his payslips, his bank statements, his confirmation of work. But I'm still very worried that we won't get the visa in time.

Any thoughts on this one?

I understand there's a possibility that we can travel under the directive of free movement mentioned in this thread. But our flights are with Ryanair and I have suspicion that we will get denied boarding. Perhaps travelling by coach will be less hassle. How stringent is the check-in process at London Victoria coach station?

Any comments are welcome. Thank you very much.

[EUsmileWEallsmile]

The visa should be issued as soon as possible and on the basis of an accelerated procedure.

[jake the peg]

[*]Not (yet) in possession of the residence-card as per Part 1 OR

[*]legally living outside the EU altogether[/list]In this case you are still legally entitled to travel to all of the EEA (not Switzerland ), as long as your partner travels with you, or you "join the partner".

Is this an exclusive OR? Or would one still be eligible if meeting both of those requirements?

My wife (Chinese) and I (British) both live in China and she has no EEA family member residence card.On our next visit to UK could we visit Spain without her needing a visa?

[EUsmileWEallsmile]

@jake the peg; if you wish to avoid problems with Stupid, etc, I suggest you get a visa.

[dorian1986]

hi everybody as you discussed about schengen visa i would like to ask a question about this.I am from turkey and my wife is from lithuania and we would like to go to lithuania,i am wondering if i need to apply for a schengen visa upto 3 months?(i have a residence card for 5 years and we are living in the UK)or can i travel to her country with her without a visa?thanks in advance

[pmn]

Just an update on our trip to Italy, we got through Ryanair checkin/visa check without any hassle, we had no issue boarding the plane at that gate, and we were a little worry about about the immigration on arrival in Italy, but we simply handed over our passports and after a minute of the border guard flicking through my wife's passport he handed them back and we walked on

I don't know if we were just lucky but we got through without any schengen visa at all, and best of all there is not even a visa for uk residency in my wife's passport and her passport is in her maiden name, so the border guard has let us through regardless of any relationship being proven between my wife and myself

It was a big relief not to get turned away both at the airport and the border.

Just wanted to say thanks for the advice received on here especially from EUsmileWEallsmile.

[EUsmileWEallsmile]

@pmn, good story. I'm glad the trip went well.

[Diana-cy]

EEA family member Residence Card holder (Part 1): This only applies to you if

• you are a family-member of an EEA-citizen AND
• legally living inside the EU but outside Schengen (=UK, Ireland, Bulgaria, Romania and Cyprus) AND
• You have been given a "Residence card of a family member of a Union citizen"
  • If any of the above is not the case, check Part 2!

In this case you are legally entitled to travel to all of the EEA (not Switzerland ), as long as your partner travels with you, or you "join the partner".

• >>This<< thread contains all details (it was originally written covering Ireland, however it´s the same throughout the UK, Ireland, Bulgaria, Romania and Cyprus).
• The German Embassy in London issued this >>letter<< to someone from this forum, which confirms the same. (I cannot find the original post anymore, but would like to give credit... Can someone fill me in here?)
• Success stories (I will update this as they keep trickling in):
  • >>from London (UK) to Faro (Portugal) and back from Porto (Portugal) with a UK-issued EEA Residence Card<<.
  • >>from Belfast (UK) to Paris (France) with a UK-issued EEA Residence Card<<.
  • >>from London (UK) to Amsterdam (Netherlands) with a UK EEA Residence Card, issued based on a long-term relationship (not married)<<
  • >>from Dublin (Ireland) to London (UK) with an Irish 4EUFam<<

Please continue reading, but skip the next section!



EEA family member without Residence Card (Part 2): This only applies to you if

• you are a family-member of an EEA-citizen AND
• Not (yet) in possession of the residence-card as per Part 1 OR
• legally living outside the EU altogether

In this case you are still legally entitled to travel to all of the EEA (not Switzerland ), as long as your partner travels with you, or you "join the partner".

>>Article 5, Section 4 of 2004/38/EC<< reads as follows:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

Hi, everyone. Thanks a lot for such a valuable forum..

Here is my story: I am Russian, just married to Italian and we are living in Cyprus.
I did not receive the residence card yet, so I am in Part 2. But in any case, Italian embassy said I would need a visa to travel to Italy with my husband.. just it will be free of charge (as stated Directive 2004/38/EC).

So, where is the truth?

Directive states (article 2, 10) I do not need visa ( to travel to any EU country), but a the same time it refers to the Regulation (EC) No 539/2001, where Russians do require the entry visa, but Directive also makes an exemption for Residence cards holders:
‘Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.’

I think the confusion is because Cyprus is in EU, but not in Schengen zone, so, that’s why I would require entry visa to any EU country.

But ‘The Guide to your rights as an EU citizen’, Page 12 says:

‘If your third country family members move between a Schengen EU country and a non-Schengen EU country, they can also be exempted from the visa requirement if they have a valid residence card issued to them as family members by an EU country other than that of your nationality.’

So, I see strong case for me in travelling without entry visas to EU countries. Am I right? To any EU country with my spouse? And without spouse?
But how can I travel without visa and Cyprus residence card, I don’t understand it yet.
Please advise if you know, preferably with detailed references. Thank you so much.

[EUsmileWEallsmile]

If you have a residence card issued by Cyprus, you will not require a visa if travelling with spouse. You state you don't have one yet.

You will be expected to have a visa.

[rachelcelestine]

Dear all
hope someone help me. Iam a French living in UK and have a PR. My husband has Indian passport having residence permit saying family member of an EEA national. Thinking that he doesnt need a visa to go to France after seeing TLS website, we booked the tickets and travelling in few days. Just seen this page http://ambafrance-uk.org/Visa-for-family-of-an-European.
This says except spouse of French national anyone else can go to France without Visa. Can someone else had the same experience or went to France being the spouse of French national can give me the advice pls.
Rachel

[EUsmileWEallsmile]

Having exercised treaty rights in the uk, you can return to France as if you we're any other eu citizen - see Singh case.

[rachelcelestine]

Having exercised treaty rights in the uk, you can return to France as if you we're any other eu citizen - see Singh case.

I am asking for my husband if he needs visa.

[EUsmileWEallsmile]

Having exercised treaty rights in the uk, you can return to France as if you we're any other eu citizen - see Singh case.

I am asking for my husband if he needs visa.

I know, perhaps I wasn't clear. You and your husband will be covered by the directive on return to your home country, France. His residence card should be acceptable in lieu of visa.

[rachelcelestine]

Having exercised treaty rights in the uk, you can return to France as if you we're any other eu citizen - see Singh case.

I am asking for my husband if he needs visa.

I know, perhaps I wasn't clear. You and your husband will be covered by the directive on return to your home country, France. His residence card should be acceptable in lieu of visa.

Thats a good news to us. But why does it says except French national in the french embassy website I quoted there? would you know the reason please?Rachel

[rachelcelestine]

Can somebody tell me what pages should I be printing and taking it with me incase there is any problem so that I can talk to them with proof?,Rachel

[EUsmileWEallsmile]

Having exercised treaty rights in the uk, you can return to France as if you we're any other eu citizen - see Singh case.

I am asking for my husband if he needs visa.

I know, perhaps I wasn't clear. You and your husband will be covered by the directive on return to your home country, France. His residence card should be acceptable in lieu of visa.

Thats a good news to us. But why does it says except French national in the french embassy website I quoted there? would you know the reason please?Rachel

Normally, one can't use the freedom of movement directive in one's own country, except if one had lived in another member state first. This is perhaps why the website states what you quote.

[rachelcelestine]

I am asking for my husband if he needs visa.

I know, perhaps I wasn't clear. You and your husband will be covered by the directive on return to your home country, France. His residence card should be acceptable in lieu of visa.

Thats a good news to us. But why does it says except French national in the french embassy website I quoted there? would you know the reason please?Rachel

Normally, one can't use the freedom of movement directive in one's own country, except if one had lived in another member state first. This is perhaps why the website states what you quote.

Thank you very much. Any papers you want me to take so that I show the proof.Rachel

[thushy]

HI!!!
I am really confused that does a spouse of a British passport holder need a schengen visa ? as the spouse is holding a Residence permit card of Indefinite Leave to Remain.

http://www.vfsglobal.com/germany/uk/spouses.html
this is a German embassy website which says
"Spouses of an EU National
Do you need a visa for Germany?

You DO NOT need a visa for short stays in Germany if you are:

a citizen of the EU/EEA/EFTA
a partner (married or civil partnership) or child of an EU/EEA/EFTA national if you hold a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card" - and only if you are travelling together with the EU/EEA/EFTA national
a holder of a Diplomatic, Service or Special Passport from Chad, Ghana, Philippines and Turkey
a holder of a Diplomatic, Service, Special or Official Passport from Thailand.
a holder of a Diplomatic Passport from Albania, Algeria, Bosnia & Herzegovina, Georgia, India, Jamaica, Kenya, Macedonia, Malawi, Moldova, Montenegro, Morocco, Namibia, Pakistan, Peru, Russian Federation, Serbia, South Africa, Tunisia, Ukraine and United Arab Emirates
a citizen of a country listed below (provided you are not going to stay longer than three months and you are not going to do any paid or self-employed work)"

[EUsmileWEallsmile]

HI!!!
I am really confused that does a spouse of a British passport holder need a schengen visa ? as the spouse is holding a Residence permit card of Indefinite Leave to Remain.

http://www.vfsglobal.com/germany/uk/spouses.html
this is a German embassy website which says
"Spouses of an EU National
Do you need a visa for Germany?

You DO NOT need a visa for short stays in Germany if you are:

a citizen of the EU/EEA/EFTA
a partner (married or civil partnership) or child of an EU/EEA/EFTA national if you hold a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card" - and only if you are travelling together with the EU/EEA/EFTA national
a holder of a Diplomatic, Service or Special Passport from Chad, Ghana, Philippines and Turkey
a holder of a Diplomatic, Service, Special or Official Passport from Thailand.
a holder of a Diplomatic Passport from Albania, Algeria, Bosnia & Herzegovina, Georgia, India, Jamaica, Kenya, Macedonia, Malawi, Moldova, Montenegro, Morocco, Namibia, Pakistan, Peru, Russian Federation, Serbia, South Africa, Tunisia, Ukraine and United Arab Emirates
a citizen of a country listed below (provided you are not going to stay longer than three months and you are not going to do any paid or self-employed work)"

Yes, you will be expected to have a visa. You won't have the residence card mentioned.

[Mercyknight]

Hello,

I'm also confused and have zero idea where to look. I've Googled and read this forum but I'm still not 100% sure what to do.

I'm British and my wife is South African with (Leave to Remain in the UK)

We want to travel to Portugal in September 2013.

As she is married to me does she require a Schengen Visa?

Please can someone give me some guidance...

[askmeplz82]

Hello,

I'm also confused and have zero idea where to look. I've Googled and read this forum but I'm still not 100% sure what to do.

I'm British and my wife is South African with (Leave to Remain in the UK)

We want to travel to Portugal in September 2013.

As she is married to me does she require a Schengen Visa?

Please can someone give me some guidance...

The directive 2004/38C applies to Family members of citizens of those Schengen countries who make use of their right to freely travel and stay in the U.K.

Example: You are married to a Dutch who lives and works in the U.K. In this case you can obtain a residence card of a "family member of EEA national" which would grant you stay for example in Spain together for vacation without a visa. Since you are married to a U.K. citizen who lives in the U.K. [hence does not make use of the right of freely stay in other countries] you will need to apply for a visa.
The visa issue however is free of charge and you can make use of the simplified application process which means that you do not have to provide proof of employment or of your financial status.

[Mercyknight]

How do I access or start that "simplified" process for a Schengen Visa to Portugal?

[askmeplz82]

Dear all
hope someone help me. Iam a French living in UK and have a PR. My husband has Indian passport having residence permit saying family member of an EEA national. Thinking that he doesnt need a visa to go to France after seeing TLS website, we booked the tickets and travelling in few days. Just seen this page http://ambafrance-uk.org/Visa-for-family-of-an-European.
This says except spouse of French national anyone else can go to France without Visa. Can someone else had the same experience or went to France being the spouse of French national can give me the advice pls.
Rachel

travelling to FRANCE yes ; travelling to other countries like Germany NO as long you travel with him/her

[Mercyknight]

Does anybody know if this VISA application section is for the Schengen VISA for Spouses of EU nationals going to Portugal?



http://www.secomunidades.pt/vistos/inde ... 14&lang=en

[Chifamalu]

Hi Everyone,

I have read through the thread but I am still confused.

I am British and my husband has IRL through marriage.

My questions:
- What is the difference between a RC and having IRL?
- We plan to go to Malta in December - will he need a visa?

Many thanks in advance.