Immigrationboards.com

virtual-writer · Member Joined: 14 Mar 2007 Posts: 66 Location: UK

I thought it would be a good idea to start a thread about Directive 2004/38/EC, so that one can find information about it quicker.

Here is the Directive in full

and here is a mirror site

Here is a summary

and another summary, with links to the summary in all the other EU languages.

And here: "Guide on how to get the best out of Directive 2004/38/EC"

[ EDIT by the Admin: I have neglected to make this a sticky for far too long. Thank you one and all for beginning this topic and for packing it so full of useful information! Razz

]

virtual-writer · Member Joined: 14 Mar 2007 Posts: 66 Location: UK

Three examples posted on these fora, showing how people have used the Directive to travel visa free with a non-EU family member:

http://www.immigrationboards.com/viewtopic.php?t=6549 This thread wasn't about this Directive originally (sorry Dawie for high-jacking your thread) Embarassed

http://www.immigrationboards.com/viewtopic.php?t=14981
http://www.immigrationboards.com/viewtopic.php?t=10210[/url]

virtual-writer · Member Joined: 14 Mar 2007 Posts: 66 Location: UK

On the move in Europe and wondering about your rights? Problem with car registration or obtaining social security cover in another EU country?

The CSS is aimed at EU citizens who encounter problems with mobility in the European Internal Market.

The CSS is an advisory service which gives guidance and practical advice to citizens on specific problems they encounter in the EU and its Internal Market.

The service is free.

The reply provided by multilingual legal experts is personalised, objective, and quick. They experts clarify the relevant rules. They direct the citizen towards the body which can best help solve the problem. They advice on how to assert the citizen’s rights and obtain redress.

Replies are given by phone or e-mail in the language requested by the citizen (one of the 20 official languages).

The service operates in conjunction with Your Europe website which offers general guides and country-specific factsheets with information on citizens’rights.

virtual-writer · Member Joined: 14 Mar 2007 Posts: 66 Location: UK

SOLVIT is an on-line problem solving network in which EU Member States work together to solve without legal proceedings problems caused by the misapplication of Internal Market law by public authorities. There is a SOLVIT centre in every European Union Member State (as well as in Norway, Iceland and Liechtenstein). SOLVIT Centres can help with handling complaints from both citizens and businesses. They are part of the national administration and are committed to providing real solutions to problems within ten weeks. Using SOLVIT is free of charge.

SOLVIT has been working since July 2002. The European Commission coordinates the network, which is operated by the Member States, the European Commission provides the database facilities and, when needed, helps to speed up the resolution of problems. The Commission also passes formal complaints it receives on to SOLVIT if there is a good chance that the problem can be solved without legal action.

***************
How to submit a case
Contact information of national Solvit centras

virtual-writer · Member Joined: 14 Mar 2007 Posts: 66 Location: UK

REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2006
establishing a Community Code on the rules governing the movement of persons across borders
(Schengen Borders Code)

virtual-writer · Member Joined: 14 Mar 2007 Posts: 66 Location: UK

Finland's implementation of Directive 2004/38 as of April 2007 (a comment from a member on this board).

virtual-writer · Member Joined: 14 Mar 2007 Posts: 66 Location: UK

The handbook issued to Schengen border guards:

Section 3.1 says that family members accompanying an EU citizen have freedom of movement around the EU. However, if your non-EU citizen family member doesn't have permanent residence, then they either have to obtain a visa (will be free) or prove to the border guard that they have the freedom of movement. The border guard isn't allowed to just turn them away just because they don't have a visa, and they're not required to answer questions about means of support, where they're staying etc.

Posted by a member on these boards, thanks jdey123.

ms2002sss · Newbie Joined: 29 May 2007 Posts: 2

So when I arrive my destination does my "third country" passport holding wife (with residense permit) go to the non EU passport queue or the EU passport queue with me?

Docterror · Posted: Wed Jul 04, 2007 2:21 pm Post subject:

Just thought to post a few examples to solidify the information that the possession of a valid Residence Card issued to the non-EEA family member of an EEA national with be exempted from obtaining the visa for that particular EU state if accompanied by the EEA national-

The first one is response given by the Committee of petitions of the EC which can be seen here. This does not mean that the Residence Card of an EU country can be only used to enter UK, while the favour is not reciprocated by the other EU states.

The second one is this case in which the petitioner's wife is given permission to travel to Ireland with a British issued Residence Card after the implementation of the Directive while requiring visa for the travel prior to 30.4.2006.

The Schengen Handbook mentioned above not only confirms that a Residence Card should get you entry into Schengen territory without the visa if accompanied by the EEA national in 3.3.1. but also confirms that no stamp should be placed on the passport of the holder of such a permit in page 33.

Denying entrance to a EU Member state while the holder has a valid Residence Card issued by another EU Member state is like denying entrance to the holder of passport of the EU country as well... which when you think about, is no small accusation.
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Jabi

Docterror · Posted: Wed Jul 04, 2007 3:19 pm Post subject:

Another example of visa-free tarvel to a Schengen country using the Residence Card without a Schengen visa:-

Ports involved:- Dover-Denkerque-Dover (Ferry)

Holder:- Pakistani passport holder with Romanian wife.

The Immigration check for France was done in Dover and neither the Schengen visa nor the Marriage certificate was asked for when presented with the British Issued Residence Card.

Got any further examples?... we might not pay for it, but it surely is appreciated nonetheless!
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Jabi

clairey · Posted: Tue Jul 10, 2007 9:31 am Post subject:

http://www.immigrationboards.com/viewtopic.php?t=9185&start=40

my post at the bottom - Portuguese border official told my husband he didn't need a visa

Docterror · Posted: Tue Jul 10, 2007 1:02 pm Post subject:

clairey, many thanks for that piece of information. It helps add Portugal to that list of countries which we all want.

Wonder which EU country will be next?
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Jabi

clairey · Posted: Tue Jul 10, 2007 2:19 pm Post subject:

No problem - the border guard actually said to my husband "You are married to an EU citizen, and therefore have the same rights as your spouse when travelling within the EU". I was stunned!

I tell you which country WON'T be next - Austria. Last year on our way back home from Albania, we had to change flights in Vienna. When we got off the flight in Vienna, there were immigration officials on the gangway stopping people and asking their nationality. When my husband said he was Albanian, they wouldn't let him into the main terminal, their reasoning being that he didn't have a Schengen visa. I pointed out that we would be remaining airside, and that on our way out to Tirana, we had come through the main Vienna airport terminal. Nothing doing, they wouldn't let us through, and we had to go to our gate from a kind of third-class citizen mini-terminal.

Docterror · Posted: Tue Jul 10, 2007 2:42 pm Post subject:

Judging by anectdotal evidence, things have only started changing recently and if your husband were to travel with you to Austria this year, I would expect things to be a bit different... or so I hope.

While the Portuguese did very well to allow your husband onboard, they still did stamp his passport... something not exactly allowed according to the Directive. But that said, I really don't want to be crying over a good gift just because the wrapping paper isn't appealing to me!
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Jabi

petkanov · Member Joined: 08 Jan 2002 Posts: 77 Location: Bulgaria

I read in a russian forum that Family members of bulgarian citizens that have a bulgarian residence card were able to enter Romania and Greece visa free upon a presentation of marriage certificate. In romania they even traveled without the EU spouse.

flyboy · Posted: Thu Jul 12, 2007 8:22 am Post subject:

Just to add on, yesterday afternoon myself, a swiss friend and his colombian wife, crossed the swiss french land border at Bois D'amont to do shopping in France, with his wife not having a schengen visa, just her swiss residence permit stating spouse of a swiss, and the spouse's name and address in the permit, and her passport. French border control gave plenty of hassle.
Surprisingly they had the schengen handbook as well as a list of residence permits from other schengen countries that allow entry into schengen without a visa.
To cut a long story short, the head immigration guy had a good look at the schengen handbook especially section 3,after we told him she's entitled to cross the border since she is the spouse of a swiss citizen who enjoys community right of free movement,after which he just waived us through - no entry / exit stamps placed in her passport.

Thanks "jdey123" and "virtual-writer" for the posts on the schengen handbook - it came in handy.

Docterror · Posted: Thu Jul 12, 2007 11:19 am Post subject:

petkanov, that was a wonderful peice of information. Infact I have just spotted that in the Romanian Embassy website in London that Romania does indeed allow visa-free access to non-EEA family members of EEA nationals on presentation of Residence Card issued by any other EU member states, thus making it the first EU country to publically announce doing so.
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Jabi

luisparis · Newbie Joined: 19 Jul 2007 Posts: 8

We're very much concerned by this topic at the moment, as i'm a french citizen recently married to a chinese citizen.

We live in Paris but I do quite a bit of business in London. Besides taking my wife on vacation there, I'd NEED her to come along to a trade fair in London beginning of September.

We tried to obtain the "EEA family member permit" but the first slot for an appointment at the UK embassy in Paris is on September 10th. After the fair than...

Could we then just try to travel together to the UK without this permit?

Thanks for all feedback
Luis

Wanderer · Guru Joined: 21 Apr 2005 Posts: 5910

flyboy · Posted: Thu Jul 19, 2007 11:46 am Post subject:

Wanderer, visa nationals for the UK who are family members of EU citizens, accompanying their EU family member to the UK, should apply for an EEA family permit whether for short stays or long stays. Only if they intend travelling without their EU family member should they apply for a normal UK visitor visa.
Secondly, chinese embassy can't issue a visa for the UK.