Directive 2004/38/EC - for UK FLR(M)?

.

drsquirrel wrote:Does the above directive only apply to UK Spouses with ILR, Indefinite Leave to use the directive?

No it only applies to those having the Residence Card, see http://www.immigrationboards.com/viewto ... 824#276502

drsquirrel wrote:The Directive mentions if they don't have the "Residence Cards" that they just have to prove they have right to freedom of movement, is this where the Marriage Certificate would help us?

Yes.

.

drsquirrel wrote:Okay, so when she gets ILR will it look like that, or are they different things?

They are different.

drsquirrel wrote:So no Residence Card + Marriage Certificate still = No, Right?

You should get Schengen visa for free based on the relationship and not the current status, i.e. FLR(M) or ILR shouldn't make a difference.

.

Free as in free of charge. You can try to go without a visa and they must let you in if you can prove the relationship by other means (marriage certificate) but first you'll have the problem with the airline/ferry or whatever and you may have some hard time trying to explain immigration officers about your rights. This way may be quite of a hassle.

.

These points should have been connected with "and".

If your wife is a visa national she will have to apply for a visa at the consulate. I never said that there would be a visa on arrival just that she would have to be allowed to enter if she can prove the relationship and the immigration officer accepts this.

drsquirrel wrote:Thanks.

I received a reply today from the french consulate (which I emailed before I posted this message).

As stated on our website, the foreign spouse of an EU national may travel to
France without a visa if they are holding:

-- a valid travel document, i.e. a passport;
-- a valid UK residence permit with the endorsement "family member of EEA
national";
-- and if they are meeting up or travelling with their EU spouse.

This confuses me even more as are these points supposed to be "and" or "or" ?

Or this just means that she will need a visa, but like you say, it will be supplied on arrival?

Means 'and'. Ur wife is not a Family Member of an EEA National as you are not using EEA immigration rules, so she will need to apply to the French Embassy for an appointment for a Schengen visa or by post if outside the French rather odd version of 'London' for a Schengen visa that should be issued free.

.

drsquirrel wrote:
1. Does anyone know if Italy *will* give out a multiple entry schengen visa for a long period (2 years?))

2. Does the Italian embassy actually accept any postal applications?

3. Will France give me a schengen visa for 2 years (or whatever the longest is) if I asked?

1. Almost always a single entry short term for first time applicants.

2. Check their website

3. They give what they like, see point 1.

Bear in mind if you get a French-issued Schengen and don't arrive in France or spend some Euros there you won't get another one off them, they will know, they will see the stamps in the passport. U should always ask border guards to stamp ur passport if possible.

Also a Schengen visa only allows visits for max 90 days in every 180 so u cant use a succession of three month ones concurrently.

Also applying for any Schengen is far from hassle-free. If no postal option you usually have to book an appointment via an 0906 number, £1 a minute with inexorably long and confusing 'option' to squeeze the longest call possible out of you. Be not surprised at a 2/3 month wait for an appointment.

Budget £16 quid for that. So much for free.

Next, u get to find out the appointments are almost always in a 10:00 to 11:30 window, meaning either an overnight train or bus, or a hotel room.

Budget £50 to £250 for that.

Next u might find they'll try and charge you, or levy a 'processing' fee - I think the Belgians do that.

Then u might have another trip in two weeks to collect the passport/visa, if you forget the ask for it to be posted on.

£8 or so for special delivery envelope.

Free? Hmmmm....

.