EU/EEA Nationals

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 3:31 pm

Hiya

I know I sound so silly asking this question, but I am a British Citizen by birth and married to an Iranian man who is in the UK on a 2 year spouse visa.

We wish to apply for a schengen visa, when looking at the websites of the embassy's, many of them refer to family members of EU or EEA nationals.

I know I sound dense but am I a EU or EEA national?

Thanks so much.

Wanderer · Post by **Wanderer** » Wed Aug 12, 2009 4:19 pm

juliajules1979 wrote:Hiya

I know I sound so silly asking this question, but I am a British Citizen by birth and married to an Iranian man who is in the UK on a 2 year spouse visa.

We wish to apply for a schengen visa, when looking at the websites of the embassy's, many of them refer to family members of EU or EEA nationals.

I know I sound dense but am I a EU or EEA national?

Thanks so much.

Yes, but as far as Schengen visas are concerned, no. Basically u r using UK immigration rules, you can have the option of using EEA rules under certain criteria, which is free but longer process.

Ur husband is on UK Spouse visa, not the EEA equivalent (EEA Family Permit)

Mr Rusty · Post by **Mr Rusty** » Wed Aug 12, 2009 4:22 pm

As a British Citizen, you are also an EEA National. As your husband is staying in the UK on a visa granted under UK Immigration Rules he will require a Schengen visa to travel to the other countries of the EU. You don't say which country you're going to, but if you've looked at the French Embassy website, you will have found the following:

"- The visa will be free of charge, on presentation of the appropriate evidence to*:
children under the age of 6 applying for a short stay Schengen visa;
French teachers;
researchers travelling to France in order to conduct scientific researches;
teachers and children travelling on a school trip;
spouses of French Nationals;
spouses of European Union citizens;
dependant children, under the age of 21, of European Union citizens, all but French nationals;
dependant parents of European Union citizens, all but French nationals;
holders of diplomatic, service and official passports.

* The decision not to charge the visa application fees will be made by the Visa Officer on the day you apply"

Anecdotally from this and other forums, the various EU countries vary in their efficiency and service in granting visas to EEA spouses.

Post by **Obie** » Wed Aug 12, 2009 4:27 pm

Wanderer wrote:
juliajules1979 wrote:Hiya

I know I sound so silly asking this question, but I am a British Citizen by birth and married to an Iranian man who is in the UK on a 2 year spouse visa.

We wish to apply for a schengen visa, when looking at the websites of the embassy's, many of them refer to family members of EU or EEA nationals.

I know I sound dense but am I a EU or EEA national?

Thanks so much.
Yes, but as far as Schengen visas are concerned, no. Basically u r using UK immigration rules, you can have the option of using EEA rules under certain criteria, which is free but longer process.

Ur husband is on UK Spouse visa, not the EEA equivalent (EEA Family Permit)

With all due respect Wanderer, i am a bit unclear what you meant by under certain criteria.

Article 5
Right of entry
1. Without prejudice to the provisions on travel documents
applicable to national border controls, Member States shall
grant Union citizens leave to enter their territory with a valid
identity card or passport and shall grant family members who
are not nationals of a Member State leave to enter their territory
with a valid passport.
No entry visa or equivalent formality may be imposed on
Union citizens.
2. Family members who are not nationals of a Member State
shall only be required to have an entry visa in accordance with
Regulation (EC) No 539/2001 or, where appropriate, with
national law. For the purposes of this Directive, possession of
the valid residence card referred to in Article 10 shall exempt
such family members from the visa requirement.
Member States shall grant such persons every facility to obtain
the necessary visas. Such visas shall be issued free of charge as
soon as possible and on the basis of an accelerated procedure.

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.

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 4:37 pm

Hiya

Thanks for your posts, we would like to visit Norway. I have checked the embassy page and they say Spouses, descendants and dependent ascendants of EU or EEA nationals must submit a number of supporting documents, such as a marriage certificate and the EU/EEA citizens passport. A schengen visa will then be issued free of charge. Do these rules apply to us, as I now see that I am a EU,EEA national, so does my husband apply to these rules?

It says the following categories are exempted from paying the visa fee, Close family members of EEA nationals. So does that exempt my husband. I know that we cannot have visa free travel, but I think that we are allowed a free schengen visa, am I correct?

Thanks, its such a complex field!

Wanderer · Post by **Wanderer** » Wed Aug 12, 2009 4:40 pm

Obie, I'm trying say as far as Schengen travel is concerned - she's not an able to use the EEA FP route and avail themselves of visa free travel.

I suspect she's seen the bit on the consulate pages where they say u don't need any visa if an FP of an EEA cit.

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 4:48 pm

Hiya

Thanks for your posts, we would like to visit Norway. I have checked the embassy page and they say Spouses, descendants and dependent ascendants of EU or EEA nationals must submit a number of supporting documents, such as a marriage certificate and the EU/EEA citizens passport. A schengen visa will then be issued free of charge. Do these rules apply to us, as I now see that I am a EU,EEA national, so does my husband apply to these rules?

It says the following categories are exempted from paying the visa fee, Close family members of EEA nationals. So does that exempt my husband. I know that we cannot have visa free travel, but I think that we are allowed a free schengen visa, am I correct?

Thanks, its such a complex field!

Post by **Obie** » Wed Aug 12, 2009 4:51 pm

You husband is covered as your close family member.

He is not required to pay a penny for the visa.

He only need as pointed out already by some contributors to provide evidence of your relationship and evidence of you EU nationality.

Although some EEA state request other documents.

Wanderer · Post by **Wanderer** » Wed Aug 12, 2009 4:52 pm

juliajules1979 wrote:Hiya

Thanks for your posts, we would like to visit Norway. I have checked the embassy page and they say Spouses, descendants and dependent ascendants of EU or EEA nationals must submit a number of supporting documents, such as a marriage certificate and the EU/EEA citizens passport. A schengen visa will then be issued free of charge. Do these rules apply to us, as I now see that I am a EU,EEA national, so does my husband apply to these rules?

It says the following categories are exempted from paying the visa fee, Close family members of EEA nationals. So does that exempt my husband. I know that we cannot have visa free travel, but I think that we are allowed a free schengen visa, am I correct?

Thanks, its such a complex field!

Yep - I might have confused things....

Ur correct but if u were using EEA immigration rules by exercising a treaty right ur non-eea partner would need no visa at all.

I reckon I've made it worse now....

Rozen · Post by **Rozen** » Wed Aug 12, 2009 4:55 pm

juliajules1979 wrote:Hiya

Thanks for your posts, we would like to visit Norway. I have checked the embassy page and they say Spouses, descendants and dependent ascendants of EU or EEA nationals must submit a number of supporting documents, such as a marriage certificate and the EU/EEA citizens passport. A schengen visa will then be issued free of charge. Do these rules apply to us, as I now see that I am a EU,EEA national, so does my husband apply to these rules?

It says the following categories are exempted from paying the visa fee, Close family members of EEA nationals. So does that exempt my husband. I know that we cannot have visa free travel, but I think that we are allowed a free schengen visa, am I correct?

YES, you are correct! (Wanderer beat me to it!

)

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 4:55 pm

LOL. Quite possibly. Exercising treaty rights, are when you decide to move and work in another counry within the EU, am I correct.? And as we do not wish to work in another country, we need to gt a schengen visa. Am I correct???

Rozen · Post by **Rozen** » Wed Aug 12, 2009 4:56 pm

juliajules1979 wrote:LOL. Quite possibly. Exercising treaty rights, are when you decide to move and work in another counry within the EU, am I correct.? And as we do not wish to work in another country, we need to gt a schengen visa. Am I correct???

Correct!

Post by **Obie** » Wed Aug 12, 2009 4:57 pm

That is a valid point. If the husband was a holder of a Resident Card under directive 2004/38EC, then he will be visa exempted. I think that is what was getting you a bit confused.

Community law makes provisions for EU nationals and family members who have never exercised treaty rights before and making a first entry into a member state.

This is covered by article 5 and 6 respectively.

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 4:58 pm

Community law makes provisions for EU nationals and family members who have never exercised treaty rights before and making a first entry into a member state.

This is covered by article 5 and 6 respectively.[/quote]

So we do need schengen visa or do we not need one?

Sorry!!

Rozen · Post by **Rozen** » Wed Aug 12, 2009 5:02 pm

juliajules1979 wrote:So we do need schengen visa or do we not need one?

Sorry!!

You need one! But shouldn't have to pay for it.

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 5:03 pm

Thankyou all for your posts!!

Wanderer · Post by **Wanderer** » Wed Aug 12, 2009 5:09 pm

And my apologies for confusing everyone!

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 5:14 pm

LOL!

One more question, Can a schengan visa be used to enter croatia. Ive read all the details on the website but I cant find the information.

Please help, Thanks.

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 5:22 pm

Sorry everyone. One more question, If we wish to travel to Southern Ireland, does my husband require a schengen visa, or can we just travel with his passport as ID.

Thanks

fysicus · Post by **fysicus** » Wed Aug 12, 2009 5:36 pm

Croatia is outside EU (they hope to join EU in 2011, but the accession negotiations are still ongoing), Schengen, EEA, so can set its own rules for visa and I don't know how they work out in your case.
Ireland is in EU, but not in Schengen. The CTA rules do not apply to foreigners residing here, so you will need to apply for an Irish visa, but again by virtue of directive 2004/38 it has to be issued free of charge and under similar conditions as a Schengenvisa.

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 5:46 pm

Thanks for your posting. Can I just clarify as a British Citizen am I an EEA national or an EU national or both??

Thanks.

fysicus · Post by **fysicus** » Wed Aug 12, 2009 7:57 pm

yes, UK is member of EU, and all EU nationals are also EEA nationals

EEA = EU + Norway + Iceland + Liechtenstein

Post by **Obie** » Wed Aug 12, 2009 8:21 pm

And the lovely Switzerland of course.

The European Economic Area countries have a free trade and free movement agreements with the EU.

However most EU laws don't apply to them.

juliajules1979 · Post by **juliajules1979** » Wed Aug 12, 2009 11:11 pm

Thanks so much for your replies. Cheers

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