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

[ca.funke]

Hi itbloke,

If this is correct then the Spanish Embassy & consulate in London seem to know nothing about it & don't acknowledge it's existence, & simply keep trying to refer you to the third party company that now deals with there Visa applications for a fee. Having actually managed to speak to the third party company, they did know anything about this, & on explaining could not tell me if my wife actually needs a Visa.

That´s exactly the way it is!

[EUsmileWEallsmile]

Hi, I am English Born & Bred, but my wife of five years is South African & has a Indefinite Leave to Remain UK Residents Permit, but it does not expressly say on it that, "that she is a family member of an EU/EEA National", she is about to apply to be naturalized as a UK citizen.

However in the meantime our work takes us to Spain quite very frequently, so I was wondering could you clarify if having an indefinite Leave to Remain, Residents Permit falls under section 2 above, IE:

You are a family-member of an EEA-citizen AND

Not (yet) in possession of the residence-card as per Part 1

In this case you are still legally entitled to travel to all of the EEA, as long as your partner travels with you."

If this is correct then the Spanish Embassy & consulate in London seem to know nothing about it & don't acknowledge it's existence, & simply keep trying to refer you to the third party company that now deals with there Visa applications for a fee. Having actually managed to speak to the third party company, they did know anything about this, & on explaining could not tell me if my wife actually needs a Visa.

Thank you for your time in this matter I look forward to hearing from you in the near future.

Kind Regard - Ashe.

PS, we where married in the UK & have a valid UK marriage certificate in English.

As you have a residence permit and not an article 10 residence card, your wife would be advised to hold a visa. However, if she got to a border she could enter with you under article 5.4 of the directive. To do that she would need to convince an airline that she could travel and won't be denied entry.

However, she can apply for a free-facilitated visa under article 5.3 of the directive. Some embassies are better than others, having the UK residence permit in this instance will help in getting the visa.

[itbloke]

As you have a residence permit and not an article 10 residence card, your wife would be advised to hold a visa. However, if she got to a border she could enter with you under article 5.4 of the directive. To do that she would need to convince an airline that she could travel and won't be denied entry.

However, she can apply for a free-facilitated visa under article 5.3 of the directive. Some embassies are better than others, having the UK residence permit in this instance will help in getting the visa.

Hi thanks for your prompt reply & great information guys, can see this is going to be a bit of a problem, but I really feel it is worth fighting for as Spain is the default option for many Brits who want a quick cheap getaway & as I can testify from personal experience over the last five years this rule being so vague effectively discriminates against any Brit wanting a quick cheap last minute getaway to Spain.

Also I have spoken (in a very expensive call) - to the Visa company the Spanish embassy farm out to (VFS Global) & they say that they are unable to provide the Free Visa under 5.3 of the directive but the Spanish Embassy say all Visa's have to now be exclusively issued via VFS Global, which creates somewhat a chicken or an egg situation.

Now I have one thing in my favor here, I live in London literally just around the corner from the Spanish Embassy & I am self employed, so I can cause all kinds of stink for them, if you are indeed correct & officially my wife does have the right to enter Spain it is just people don't understand the law, it even says so on their website.

"Please note that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National, if not, a visa is required under the following conditions:"

I personally think that farming out to VFS Global is a cop out & needs to be addressed I am willing to take up the mantle here, but need to be sure of my facts first.

So, the situation is this, technically & legally my wife can enter Europe, even those the Spanish Embassy is denying this, but logistically there is no to facilitate our rights when we reach the Spanish border or even the Airline Check in.

I feel that something can be done about this if we are bloody minded enough & eloquent enough about the situation if we are truly correct.

Once again thanks for all you kind support in this matter, I look forward to your replies & getting my teeth into sorting out a possible resolution.

Kind Regards & Best Wishes - Ashe.[/i]

[EUsmileWEallsmile]

As you have a residence permit and not an article 10 residence card, your wife would be advised to hold a visa. However, if she got to a border she could enter with you under article 5.4 of the directive. To do that she would need to convince an airline that she could travel and won't be denied entry.

However, she can apply for a free-facilitated visa under article 5.3 of the directive. Some embassies are better than others, having the UK residence permit in this instance will help in getting the visa.

Hi thanks for your prompt reply & great information guys, can see this is going to be a bit of a problem, but I really feel it is worth fighting for as Spain is the default option for many Brits who want a quick cheap getaway & as I can testify from personal experience over the last five years this rule being so vague effectively discriminates against any Brit wanting a quick cheap last minute getaway to Spain.

Also I have spoken (in a very expensive call) - to the Visa company the Spanish embassy farm out to (VFS Global) & they say that they are unable to provide the Free Visa under 5.3 of the directive but the Spanish Embassy say all Visa's have to now be exclusively issued via VFS Global, which creates somewhat a chicken or an egg situation.

Now I have one thing in my favor here, I live in London literally just around the corner from the Spanish Embassy & I am self employed, so I can cause all kinds of stink for them, if you are indeed correct & officially my wife does have the right to enter Spain it is just people don't understand the law, it even says so on their website.

"Please note that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National, if not, a visa is required under the following conditions:"

I personally think that farming out to VFS Global is a cop out & needs to be addressed I am willing to take up the mantle here, but need to be sure of my facts first.

So, the situation is this, technically & legally my wife can enter Europe, even those the Spanish Embassy is denying this, but logistically there is no to facilitate our rights when we reach the Spanish border or even the Airline Check in.

I feel that something can be done about this if we are bloody minded enough & eloquent enough about the situation if we are truly correct.

Once again thanks for all you kind support in this matter, I look forward to your replies & getting my teeth into sorting out a possible resolution.

Kind Regards & Best Wishes - Ashe.[/i]

It will not be the first time that VFS give out incorrect or incomplete information.

Quote this Artículo 4. Entrada of real 240/2007 from Spanish national law.

La expedición de dichos visados será gratuita y su tramitación tendrá carácter preferente cuando acompañen al ciudadano de la Unión o se reúnan con él.

You don't need to worry about translation, it is effectively what article 5.4 of directive 2004/38/EC says.

[EUsmileWEallsmile]

Also I have spoken (in a very expensive call) - to the Visa company the Spanish embassy farm out to (VFS Global) & they say that they are unable to provide the Free Visa under 5.3 of the directive but the Spanish Embassy say all Visa's have to now be exclusively issued via VFS Global, which creates somewhat a chicken or an egg situation.

I have scoured VFS's website. I've found this information (hope it opens at the right bit).

http://es.vfsglobal.co.uk/eea_visafees.html

It does indeed claim that there is a EU60 fee. This is an error, whether deliberate or otherwise. There is also a £17 administration fee, which VFS are entitled to charge. However, for EU family members they are meant to be allowed to apply at the embassy direct and avoid this service fee. Please see the attached link and pay special attention to part 3 and 3.1 / 3.2 in particular.

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

[EUsmileWEallsmile]

You may find this interesting with respect to the fee

http://www.maec.es/subwebs/Consulados/L ... vices.aspx

Note in particular

There will be no charge for children under the age of 6. There will be no charge for the spouse and/or dependants of an EU citizen. However, proof of the relationship must be submitted at the time of application. This proof must be an original EU full national passport or national ID card and an original marriage certificate or civil partnership, (birth certificate in the case of children or dependants). Photocopies are not acceptable. Non EU Certificates should be legalised according to the 1961 Hague Convention.

And this in relation to spouses of EU nationals, who can avoid VFS.

http://www.maec.es/subwebs/Consulados/L ... vices.aspx

The service incurs a fee which does not included the application visa fee. Please note that this fee is due to VFS for the service provided.

Those applicants who prefer to address their application directly to this Consulate General, including spouses and partners, and family dependants of Spanish and UE citizens, should write a letter (phone calls, fax and e-mails will not be accepted) to this Consulate General that can be sent by post or delivered in person. The applicant will be given an appointment in the first available date and in strictly order of presentation. The appointment will be sent to you via post.

[ashpaul1]

Thanks for the thread very valuable information's

I recently started a thread asking the same question as my U.k Residence Card is expiring next month and we intend to fly to Spain.

http://www.immigrationboards.com/viewto ... 358#707358

[flashware]

My Tier 5 Visa has just expired, and as such I have a 5 week gap before the 6 months passes on my EEA2 application.

I may need to do a work trip to AMS in the next few weeks and wanted to clarify whether I may run into issues or not.

a) I'm a non-Visa national (Australian)
b) Wife is EEA (Irish)

From what I've read in the first post, I should qualify as "joining my wife"?

[EUsmileWEallsmile]

My Tier 5 Visa has just expired, and as such I have a 5 week gap before the 6 months passes on my EEA2 application.

I may need to do a work trip to AMS in the next few weeks and wanted to clarify whether I may run into issues or not.

a) I'm a non-Visa national (Australian)
b) Wife is EEA (Irish)

From what I've read in the first post, I should qualify as "joining my wife"?

With your nationality, you should be fine (no visa normally required).

[flashware]

My Tier 5 Visa has just expired, and as such I have a 5 week gap before the 6 months passes on my EEA2 application.

I may need to do a work trip to AMS in the next few weeks and wanted to clarify whether I may run into issues or not.

a) I'm a non-Visa national (Australian)
b) Wife is EEA (Irish)

From what I've read in the first post, I should qualify as "joining my wife"?

With your nationality, you should be fine (no visa normally required).

So coming out of AMS they'd just go "Aussie passport, entering as tourist" ?

Hopefully they're not like the French, who as soon as they see the Visa will always then start to question that (given the date has now passed!).

[EUsmileWEallsmile]

So coming out of AMS they'd just go "Aussie passport, entering as tourist" ?

Hopefully they're not like the French, who as soon as they see the Visa will always then start to question that (given the date has now passed!).

If you are with your wife, you can always enter under article 5.4. Being a non-visa national means you are unlikely to have any problems with airlines, etc.

[flashware]

So coming out of AMS they'd just go "Aussie passport, entering as tourist" ?

Hopefully they're not like the French, who as soon as they see the Visa will always then start to question that (given the date has now passed!).

If you are with your wife, you can always enter under article 5.4. Being a non-visa national means you are unlikely to have any problems with airlines, etc.

As I'm heading over on business (our man office is in NL and I'm based in UK) my wife won't be with me.

[EUsmileWEallsmile]

As I'm heading over on business (our man office is in NL and I'm based in UK) my wife won't be with me.

Directive 2004/38/EC does not apply to this particular trip. You will need to comply with this.

http://eur-lex.europa.eu/LexUriServ/Lex ... 032:EN:PDF

[EUsmileWEallsmile]

a) I'm a non-Visa national (Australian)
b) Wife is EEA (Irish)

From what I've read in the first post, I should qualify as "joining my wife"?

...but on your return, directive 2004/38/EC does apply as you will be "joining" your wife in the UK.

Life's easy for non-visa nationals.

[flashware]

As I'm heading over on business (our man office is in NL and I'm based in UK) my wife won't be with me.

Directive 2004/38/EC does not apply to this particular trip. You will need to comply with this.

http://eur-lex.europa.eu/LexUriServ/Lex ... 032:EN:PDF

Given it's a 32 page document, which section should I be focusing on?

[flashware]

a) I'm a non-Visa national (Australian)
b) Wife is EEA (Irish)

From what I've read in the first post, I should qualify as "joining my wife"?

...but on your return, directive 2004/38/EC does apply as you will be "joining" your wife in the UK.

Life's easy for non-visa nationals.

Ah, in which case I should be fine then? Speaking of which, my wife's passport arrived yesterday in her new name, so I assume easier to carry that, our wedding cert and a printout of the directive.

[EUsmileWEallsmile]

Given it's a 32 page document, which section should I be focusing on?

Annex 1 and article 5.

[flashware]

Given it's a 32 page document, which section should I be focusing on?

Annex 1 and article 5.

Thanks!

Looks like I won't need a visa due to holding an Australian passport.

http://www.minbuza.nl/en/services/consu ... ngen-visas
http://www.minbuza.nl/en/services/consu ... to-90-days

[EUsmileWEallsmile]

Ah, in which case I should be fine then? Speaking of which, my wife's passport arrived yesterday in her new name, so I assume easier to carry that, our wedding cert and a printout of the directive.

As long as you can demonstrate that you are the family member of an EU national exercising treaty rights in the UK (worker, student, self-sufficient), you will be admitted to the UK under the regulations. I would have said, marriage certificate, copy of wife's passport, evidence that she is a worker, etc, but use your own judgement as to what to bring.

[EUsmileWEallsmile]

Looks like I won't need a visa due to holding an Australian passport.

Correct.

[flashware]

Ah, in which case I should be fine then? Speaking of which, my wife's passport arrived yesterday in her new name, so I assume easier to carry that, our wedding cert and a printout of the directive.

As long as you can demonstrate that you are the family member of an EU national exercising treaty rights in the UK (worker, student, self-sufficient), you will be admitted to the UK under the regulations. I would have said, marriage certificate, copy of wife's passport, evidence that she is a worker, etc, but use your own judgement as to what to bring.

Excellent, many thanks! That takes a lot of stress off my mind as I may have quite a few trips to do over the next 5 weeks.

Good point, I shall bring some of her payslips also.

[funkyronster]

Hi everybody, have read the thread with interest.

It seems that most problems are about airline check-in staff who don't know the law.

We want to travel by car to Portugal using the Dover Calais ferry. French immigration is on the Dover side, prior to embarkation.

As this is such a busy route, I would assume that they know their stuff.

Does anybody have any experience of driving to France through Dover?

I am UK man with Non EU wife, she has UK normal residence card.

Cheers

[EUsmileWEallsmile]

Hi everybody, have read the thread with interest.

It seems that most problems are about airline check-in staff who don't know the law.

We want to travel by car to Portugal using the Dover Calais ferry. French immigration is on the Dover side, prior to embarkation.

As this is such a busy route, I would assume that they know their stuff.

Does anybody have any experience of driving to France through Dover?

I am UK man with Non EU wife, she has UK normal residence card.

Cheers

Please post once only.
http://www.immigrationboards.com/viewtopic.php?t=113911

[flashware]

Looks like I won't need a visa due to holding an Australian passport.

Correct.

E-mailed the UKBA on Saturday asking for an update on my application, just received a call saying that it was posted out on Sep 21 so should arrive any day now!

[kamransh]

Looks like I won't need a visa due to holding an Australian passport.

Correct.

E-mailed the UKBA on Saturday asking for an update on my application, just received a call saying that it was posted out on Sep 21 so should arrive any day now!

Flashware, where did you sent an email to?