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

askmeplz82 · Post by **askmeplz82** » Thu Jun 20, 2013 10:55 am

Mercyknight wrote: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 · Post by **Mercyknight** » Thu Jun 20, 2013 10:57 am

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

askmeplz82 · Post by **askmeplz82** » Thu Jun 20, 2013 10:58 am

rachelcelestine wrote: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 · Post by **Mercyknight** » Thu Jun 20, 2013 11:21 am

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 · Post by **Chifamalu** » Fri Jun 21, 2013 7:25 pm

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.

Post by **EUsmileWEallsmile** » Fri Jun 21, 2013 8:23 pm

Chifamalu wrote: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.

Basically, a visa would be required. It would be issued under the terms of the directive 2004/38/ec.

IRL is indefinite leave to remain under the immigration rules.
RC is residence card issued under the EEA immigration regulations.
The two are quite distinct.

sal911 · Post by **sal911** » Mon Jul 15, 2013 2:35 pm

I have read through the 10 pages of this thread. At some points I feel confident I have found my answer then when reading on it gets confusing.

So here is my simple scenario: I am british, my wife holds a non European passport but has a spouse visa (leave to remain) so is a resident in the UK. I was hoping we could visit Italy for a few days within the next week.

1. Would the UK check in agents/italian immigration allow her to travel/enter if we were travelling together without a schengen visa?

2. Am I correct in assuming to enter Switzerland a schengen visa is required regardless of us travelling together?

Points to note: We would have our marriage certificate in english, her spouse visa showing my name as her spouse and both our driving licenses to show we live at the same address.

askmeplz82 · Post by **askmeplz82** » Mon Jul 15, 2013 5:24 pm

sal911 wrote:I have read through the 10 pages of this thread. At some points I feel confident I have found my answer then when reading on it gets confusing.

So here is my simple scenario: I am british, my wife holds a non European passport but has a spouse visa (leave to remain) so is a resident in the UK. I was hoping we could visit Italy for a few days within the next week.

1. Would the UK check in agents/italian immigration allow her to travel/enter if we were travelling together without a schengen visa?

2. Am I correct in assuming to enter Switzerland a schengen visa is required regardless of us travelling together?

Points to note: We would have our marriage certificate in english, her spouse visa showing my name as her spouse and both our driving licenses to show we live at the same address.

No she can't travel without VISA even if you travelling with her

Visa free travel is possible only with an EEA Family Member permit or EEA RESIDENT CARD. I think VISA fee is FREE for your spouse but must apply and depend on her nationality it can take 4 days to 1 month

sal911 · Post by **sal911** » Mon Jul 15, 2013 6:17 pm

Thank you for clarifying the matter for me.

Post by **EUsmileWEallsmile** » Mon Jul 15, 2013 8:52 pm

sal911 wrote:I have read through the 10 pages of this thread. At some points I feel confident I have found my answer then when reading on it gets confusing.

So here is my simple scenario: I am british, my wife holds a non European passport but has a spouse visa (leave to remain) so is a resident in the UK. I was hoping we could visit Italy for a few days within the next week.

1. Would the UK check in agents/italian immigration allow her to travel/enter if we were travelling together without a schengen visa?

2. Am I correct in assuming to enter Switzerland a schengen visa is required regardless of us travelling together?

Points to note: We would have our marriage certificate in english, her spouse visa showing my name as her spouse and both our driving licenses to show we live at the same address.

As others pointed out, a visa would be expected. It should be issued free of charge and on the basis of an accelerated procedure.

It is possible to travel without a visa, but you would most likely have problems with Stupid. If you got to a border, you should be admitted. Getting to the border would be the problem.

sal911 · Post by **sal911** » Mon Jul 15, 2013 8:55 pm

Oh!! Now that changes everything! I was actually considering making it into a road trip and driving through france via the eurotunnel.

sal911 · Post by **sal911** » Mon Jul 15, 2013 9:04 pm

Thank you EUsmileWEallsmile, you have made my day with that piece of advice.

Ok so my options are:

Flying straight to Italy which can only be done after applying for a schengen visa. If I was to choose this route can someone advise on the timeline for the italian embassy to issue a visa.

OR

Driving via france and we can travel almost immediately!

Post by **EUsmileWEallsmile** » Mon Jul 15, 2013 9:05 pm

sal911 wrote:Oh!! Now that changes everything! I was actually considering making it into a road trip and driving through france via the eurotunnel.

See article 5.4 of directive 2004/38/ec.

sal911 · Post by **sal911** » Mon Jul 15, 2013 9:27 pm

EUsmileWEallsmile wrote:
sal911 wrote:Oh!! Now that changes everything! I was actually considering making it into a road trip and driving through france via the eurotunnel.
See article 5.4 of directive 2004/38/ec.

Will keep a printout ready.

psychopomp1 · Post by **psychopomp1** » Wed Jul 17, 2013 12:37 pm

Hi
I'm a British citizen and my wife has the following UK residence permit, as the spouse of a BC:

Could she travel with me to France by road (eurotunnel) by this card, her non-eu passport, my passport and our marriage certificate? The words "family member of EEA national" do not appear anywhere on the card.

Post by **EUsmileWEallsmile** » Wed Jul 17, 2013 8:44 pm

@psychopomp1. The EU regulations that specify the format for this card mandate that the UK makes it clear that the holder is a family member.

"The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”. See page 5 of this document paragraph3.

http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

The UK appears to have overlooked this requirement. You could complain to the UK authorities about this if you wish.

That all said, the permit is not a residence card and so cannot be used in lieu of visa.

You can still enter under article 5.4 of directive 2004/38/ec without a visa. You would need proof of entitlement by other means. In practice, passports and evidence that you are related and thus covered by the directive.

psychopomp1 · Post by **psychopomp1** » Thu Jul 18, 2013 8:37 am

Thanks smile, will probably get her a French visa to keep things simple.

Victoriajam · Post by **Victoriajam** » Sun Aug 04, 2013 11:57 pm

Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers

askmeplz82 · Post by **askmeplz82** » Mon Aug 05, 2013 12:00 am

Victoriajam wrote:Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers

What is your nationality ( EU national )

Victoriajam · Post by **Victoriajam** » Mon Aug 05, 2013 12:33 am

[quote="askmeplz82"][quote="Victoriajam"]Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers[/quote]

What is your nationality ( EU national )[/quote]

I'm German and we need to go to Germany for few days. Cheers

askmeplz82 · Post by **askmeplz82** » Mon Aug 05, 2013 1:21 am

Victoriajam wrote:
askmeplz82 wrote:
Victoriajam wrote:Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers
What is your nationality ( EU national )
I'm German and we need to go to Germany for few days. Cheers

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

- a citizen of the EU/EEA/EFTA

- a spouse (married/civil partnership) or child of an EU/EEA/EFTA national must hold one of the following British visas that say explicitly: "Residence Card of a Family Member of an EEA National" OR "Permanent Residence Card" - and must travel with the EU/EEA/EFTA national.

source: http://www.london.diplo.de/Vertretung/l ... _Visa.html

Victoriajam · Post by **Victoriajam** » Mon Aug 05, 2013 8:32 am

Yes, I am aware of that. Cheers. The special situation is if you travel to the EEA citizens home country. Then 2004/38/EC does not apply, unless you are returning home having previously resided in another EU member state. The question is about "returning home". The original idea behind it was that you return home to work and live there. I am not sure if it applies for a holiday.

askmeplz82 · Post by **askmeplz82** » Mon Aug 05, 2013 10:15 am

Victoriajam wrote:Yes, I am aware of that. Cheers. The special situation is if you travel to the EEA citizens home country. Then 2004/38/EC does not apply, unless you are returning home having previously resided in another EU member state. The question is about "returning home". The original idea behind it was that you return home to work and live there. I am not sure if it applies for a holiday.

of course you can go now. Back in 2008/2009 there was little problem but not anymore .

read more here....

http://www.immigrationboards.com/viewtopic.php?t=25279

Victoriajam · Post by **Victoriajam** » Mon Aug 05, 2013 10:29 am

Thanks a lot. I will contact the German Embassy in London to double check and maybe they could send me a confirmation letter we can take with us to the airport. I will keep you posted.

SerMCG · Post by **SerMCG** » Mon Aug 05, 2013 4:34 pm

I’d like to know if with a permanent residency card (EEA4, not an ILR) a non-EEA national married to an EEA national can travel on her/his own in the Shenghen area countries without having to have an EEA partner “waiting”.
Basically I know that with an ILR this is not possible and would require a Visa. How about the Permanent Residency Card gained with a EEA4 application?

Sorry if (possibly sure) this has been posted elsewhere. I cannot find this info anywhere else. Thank you.

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