E.U States Allowing Visa free Travel-E.U Fam&Residence c

[marionsan]

Had a nasty incident at BCN airport few weeks ago. Entered Spain with my spouse who holds EEA residence card as a family member of EEA national without Schengen visa. Got Barcelona entry stamp in passport, no problems no questions at all. Upon departure a week later, spanish police immigration officer insisted my wife should have had a schengen visa. when challenged, the female police officer became extremely aggravated and begun shouting OUT, OUT! When I demanded her ID number or name she hide her name tag behind uniform. I could have waited and speak to supervisor (which she already did before anyway but still insisted visa required) and miss our flight or I could let it be and leave (she did let us exit). I let it be with intention to file a complaint later. but Spain being Spain, upon suggestion from a friend who lived there, I decided not to follow up and use my time for something better.

BEWARE of travelling through SPAIN - EEA residence card holders!

[Directive/2004/38/EC]

Upon departure a week later, spanish police immigration officer insisted my wife should have had a schengen visa. when challenged, the female police officer became extremely aggravated and begun shouting OUT, OUT! When I demanded her ID number or name she hide her name tag behind uniform.

I urge you to complain! http://eumovement.wordpress.com/2011/11 ... fectively/

What is the citizenship of your wife?

[craftynick]

come back with a response within a week - i await their response

Their response should include a full refund of the funds you paid, an offer for a complimentary return flight + compensation of some kind.

In all other cases I´d sue them. You should probably win!

Rgds + let us know!
Christian

Got reply from Easyjet today, they are offering me a refund on my husbands flight, a credit for my flight (cant offer a refund as i wasnt refused boarding) & £250 compensation, I have told them, nicely of course that I will not be accepting this offer!

[Directive/2004/38/EC]

I would try to get a letter which lays out the situation, what they did wrong, what they will be doing differently in the future.

[Emc]

Hi all, It is so helpfull to read about all the different issues EEA family members face on the boardes and be prepaired for the challenge. I am a non EU spouse of British citizen, we both reside in UK and I have got my EEA RC card as we exercised Surinder Singh rule. My RC is valid for another 4,5 years and we haven't left UK for the last 14 month. Now we are looking to go for a weekend break to spain.....and that is where my worries start. I know that by EU law ( The directive) i do NOT need a visa to go to spain with hubby for a few days, but in reality I would like to be ready and armed with proof of that on the boarder crossing. As all on this forum have established the boarder control officials have their own take on the law. I have checked the Spanish consulate in London website and there is nothing to state clearly that I wont need a visa. Did any of you guys have had the same issue and how did you overcame that ?? Thank you

[Directive/2004/38/EC]

Even if for some reason they "don't like" your RC, the law is seperately very clear that they still have to let you in because of another case called MRAX. See http://eumovement.wordpress.com/2010/08 ... to-travel/

Key is that you travel at all times (initially) with your marriage certificate!

Note that if your spouse were Spanish and your were going to Spain, then it would be more complicated as you would have to have Singh evidence. Similar to what you had to show in moving to the UK.

[Emc]

Thanx
Directive/2004/38/EC

[Directive/2004/38/EC]

I should mentioned that somebody, about 3 or 4 years ago on this board, did not have a required visa for Spain. His wife was Peruvian (if I remember correctly) which never goes over well with the Spanish, and they refused her entry. They later tried to claim he was not travelling with her.

This was in the bad old days before border guards had much experience with the (then new) Directive and some of the requirements of EU free movement law. (I am here trying to give the Spanish the benefit of the doubt).

I really doubt you will have any problem. And if you do have a problem, then MRAX and your marriage certificate (and a printout of that page) should solve it.

But in the end, make sure that they if they really refuse entry, that they do it in writing with a written reason for the refual and that they note on the paper that you (the EU citizen!) were present and that you provided proof of your marriage. Also take pictures of yourself together along with the border officer and in general at the airport in Spain. And be very very clear with them that you will sue them and you will win damages if they do not correctly follow the law. They might yell and get angry, and you should NEVER decend to that level. But visibly write down names, ask for superiors, and write down more names, and make sure they know you are serious.

That said, I doubt you will have any problems.

[philimali]

I have a story to share and hope to get feedback on.
I am a French citizen living and working in the UK with my wife and son who are non eea family members with matching paperwork in their passports. We went to France in August 2011 without visas as I thought the directive was applicable. Before boarding Eurostar the French passport controller told me that my wife and son should have a visa, but let us in anyway. So we spent to weeks in France and had a great time. Upon returning to UK, in Lille before UK passport check, French passport controller told us that my wife and son needed a visa. He made a big fuss, because he was confused more than anything, made us wait ages as he was trying to reach a supervisor or some such. Remember this is when we were trying to leave France! Since he was unable to reach anyone he let us through... or out I should say. The UK passport control barely looked at our papers just after.
Question is, does the directive not apply to my Family because I am French or is it a case of them not knowing who the rule applies to? I would like to go back to France in the future but I wonder because it seems we were lucky to be allowed in.

[ca.funke]

Hi philimali,

Question is, does the directive not apply to my Family because I am French or is it a case of them not knowing who the rule applies to? I would like to go back to France in the future but I wonder because it seems we were lucky to be allowed in.

The guy had no clue of the law. Your wife and kid can travel to France without visa anytime as long as you´re with them.

I am a French citizen living and working in the UK with my wife and son who are non eea family members

Just wondering how your son can be non-EU? If you´re French your son should be Frensh by virtue of being the son of a French national, and/or also a UK citzen by virutue of being born in the UK to at least one EU-citizen?

Or are they from some country that doesn´t allow dual citizenship?

Rgds, Christian

[philimali]

Thanks for the quick reply Christian.

To clarify, my son was born in the Philippines. He is only 2. His French citizenship is up for debate as I was not born in France. I am Canadian with 2 French parents. So I have French nationality but he falls in grey area.

Cheers

[ca.funke]

If you are Canadian, then I guess your son is Canadian too?!

Canadians can go to France visa-free for 90 days, as long as they can proof that they can sustain themselves (it´s all about the money).

I´d strongly suggest you try to sort out the "grey" area for your son. It´s always handy to have an EU-passport, so try to make the grey white, or know that it´s black. After all he´s either French or not.

Good luck!

[philimali]

You're absolutely right. I just get really angry when dealing with bureaucracy. I will get it sorted. Thanks again for your advice.

[Directive/2004/38/EC]

Canadians can go to France visa-free for 90 days, as long as they can proof that they can sustain themselves (it´s all about the money).

That is true for normal Canadians!

But this is a Candian who happens to also be a family member of an EU citizen!

If they are family members of an EU citizen (birth certificate is the proof!), then they can stay for as long as the EU citizen is legally resident in the the EU member state. It is slightly more complicated for France, but you basically just need to carry proof that you have been working in the UK (such as a pay slip or letter from your employer).

Note that the process of getting the Canadian passport is pretty straight forward. You need to apply for both a Certificate of Canadian Citizenship (CCC) for your child and simultaneously for an initial baby passport. The CCC takes forever to process but lasts for the life time. The baby passport is done quickly but is only valid for 2 years. (This all assumes the child is under 2 years).

[philimali]

Thank you directive. I have been saying for the past 2 years that I will get these things done. This has been the proverbial kick in the rear.

[Directive/2004/38/EC]

If the baby is still under 2, then do it today. Otherwise it may take a lot longer. But in any case, ask them to priority processing.

[tashuljka]

Hello there, was reading through all this but still cannot find an aswer. Was wondering if anyone can help.

I am citizen of Latvia and my husband is South African and we live in UK, we have been married for nearly 6 years and since he had family members Residence Stamp in his passport and after 5 years aquired Permanent residence Card.

We are planning to go to Lithuania and I was really convinced that my husband wil not have to have a Schengen Visa. Am i right?

We are travelling together.

Thank you

[ca.funke]

Hi tashuljka,

I was really convinced that my husband wil not have to have a Schengen Visa. Am i right?

Yes, you are right!
However, be aware that sometimes airline staff and/or immigration officers do not know about this! Thus, print the law in >>English<< and >>Latvian<<, highlight Article 5, section 2, and take your marriage-certificate with you. Should anyone deny you boarding and/or entry, do not deal with whoever you´re talking to: Ask for superiors immediately, do not give in! You and your husband have a RIGHT to enter!

Yours should be a pretty standard case, so you will probably not run into too many difficulties...

...we live in UK, we have been married for nearly 6 years and since he had family members Residence Stamp in his passport and after 5 years aquired Permanent residence Card.

I think after 5 years of residence, you should both be eligible for British citizenship. Do apply! Once you have the UK passport, it´ll be so much easier to travel without silly discussions!

Rgds and happy travels,
Christian

[tashuljka]

Thank you very much for your reply. i have just sent an email to Luthuanian embassy and they insist that my husband still needs to apply for Schengen Visa.

An about citizhenship, yes we can apply for it but we need to reside in the UK for another year since obtaining Permanent Residence.

[ca.funke]

Hrks! Sorry, I just read you´re Latvian, didn´t read that you want to go to Lithuania, thus mixed it up.

I found it on the Lithuanian embassy´s website too:

http://uk.mfa.lt/index.php?237363282

NOTE: holders of resident permits/cards, issued by the United Kingdom, have to apply for Schengen visa for travel to Lithuania. Resident permit with a note “Resident Card of a Family Member of an EEA National”, issued by the United Kingdom, does not correspond to the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, and therefore is not accepted as a document allowing to travel to Lithuania visa free.

While this is clearly illegal/wrong, I guess there´s nothing much that can be done about it.

However, you can still refer to Article 5 Section 4:

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.

[Directive/2004/38/EC]

It is worth reading http://eumovement.wordpress.com/2010/08 ... to-travel/ in case anyone ever says "Sir, you do not have the required visa"

[johannf]

Hi all. I have read through this topic, and just wanted to check if I understand it all correctly:

My wife is british, born in northern ireland. She has an Irish passport (and a South African passport with a UK right of abode in it), and my 2 young children have irish passports as well. I am South African, with an EEA2 residence card in my South African passport. We are going to Paris, France, next month for a 4-day holiday.

If I understand what is said here correctly, we will not need visas to enter France, as my wife is an EU citizen and I am her spouse. And our children will be able to travel with us in their irish passports with no problems either.

Am I correct?

[Jambo]

Hi all. I have read through this topic, and just wanted to check if I understand it all correctly:

My wife is british, born in northern ireland. She has an Irish passport (and a South African passport with a UK right of abode in it), and my 2 young children have irish passports as well. I am South African, with an EEA2 residence card in my South African passport. We are going to Paris, France, next month for a 4-day holiday.

If I understand what is said here correctly, we will not need visas to enter France, as my wife is an EU citizen and I am her spouse. And our children will be able to travel with us in their irish passports with no problems either.

Am I correct?

Yes you are.

See a recent relevant post by ca.funke – IRL or UK to Schengen, without visa, for EEA-family members.

This is also stated on the French consulate in Edinburgh website – see here.

Depending how you travel – it might be worth printing some material to back up your case. Ryanair is renowned for not following EU visa regulations.

[johannf]

Thanks Jambo. I just had check about this because the last thing we want is to be denied entry at the airport.

My only concern however, is on the Edinburgh website it says the following about children:
"Note that children and parents of EU Nationals still require visas to travel to France".

Why would my children need visas if they also have Irish passports?

[Directive/2004/38/EC]

Thanks Jambo. I just had check about this because the last thing we want is to be denied entry at the airport.

My only concern however, is on the Edinburgh website it says the following about children:
"Note that children and parents of EU Nationals still require visas to travel to France".

Why would my children need visas if they also have Irish passports? :?

Anyone travelling with an EU passport or ID card requires no visa EVER.