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Shengen Visa for my Non EU Wife

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

mcovet
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Post by mcovet » Fri Aug 10, 2012 11:01 pm

bottom line, if your wife gets a visa, that's it, don't worry about anything else, speaking from practice, NOONE EVER asks whether the visa was issued and applicant still eligible. No letter etc, visa is enough, don't overcomplicate.

CHEEKA
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Joined: Thu Aug 02, 2012 1:30 pm

Post by CHEEKA » Fri Aug 10, 2012 11:49 pm

mcovet wrote:bottom line, if your wife gets a visa, that's it, don't worry about anything else, speaking from practice, NOONE EVER asks whether the visa was issued and applicant still eligible. No letter etc, visa is enough, don't overcomplicate.
A visa is not enough to travel with......

Speaking from previous personal experience, its not enough.

http://en.wikipedia.org/wiki/Schengen_v ... engen_visa

Entry conditions for third-country nationals

A Schengen visa or a visa exemption does not, in and of itself, entitle a traveller to enter the Schengen Area. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the right of free movement (i.e. a person who is not an EU, EEA or Swiss citizen, nor a family member of such a person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").

The requirements for entry are as follows
The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;


etc.

Do some research and see what you find

CHEEKA
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Posts: 73
Joined: Thu Aug 02, 2012 1:30 pm

Travel

Post by CHEEKA » Sat Aug 11, 2012 12:07 am

http://europa.eu/youreurope/citizens/tr ... dex_en.htm

If you are an EU national but your family members are not, they can accompany or join you in another EU country.

mcovet
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Joined: Thu Mar 25, 2010 2:00 pm

Post by mcovet » Sat Aug 11, 2012 12:08 am

CHEEKA wrote:
mcovet wrote:bottom line, if your wife gets a visa, that's it, don't worry about anything else, speaking from practice, NOONE EVER asks whether the visa was issued and applicant still eligible. No letter etc, visa is enough, don't overcomplicate.
A visa is not enough to travel with......

Speaking from previous personal experience, its not enough.

http://en.wikipedia.org/wiki/Schengen_v ... engen_visa

Entry conditions for third-country nationals

A Schengen visa or a visa exemption does not, in and of itself, entitle a traveller to enter the Schengen Area. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the right of free movement (i.e. a person who is not an EU, EEA or Swiss citizen, nor a family member of such a person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").

The requirements for entry are as follows
The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;


etc.

Do some research and see what you find

I have done enough research and can repeat my assertion. If she gets a Schengen visa, she will be able to board a plane, if she arrives in Greece, the Greeks cannot get her out as, in accordance with the Directive 2004/38, they must allow her an opportunity to prove by any other means that she is a family member of an EEA national. That is IF someone asks her questions. In my whole travelling life and those of my clients noone has been in any shape or form inconvenienced at the border.

Therefore, once she gets a Schengen visa, the rest is easy, you worry the OP unnecessarily, and by the way, wikipedia is the last source I would resort to when quoting legislation or trying to prove my point, you lose credibility straight away.

CHEEKA
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Posts: 73
Joined: Thu Aug 02, 2012 1:30 pm

Travel

Post by CHEEKA » Sat Aug 11, 2012 12:12 am

mcovet wrote:
CHEEKA wrote:
mcovet wrote:bottom line, if your wife gets a visa, that's it, don't worry about anything else, speaking from practice, NOONE EVER asks whether the visa was issued and applicant still eligible. No letter etc, visa is enough, don't overcomplicate.
A visa is not enough to travel with......

Speaking from previous personal experience, its not enough.

http://en.wikipedia.org/wiki/Schengen_v ... engen_visa

Entry conditions for third-country nationals

A Schengen visa or a visa exemption does not, in and of itself, entitle a traveller to enter the Schengen Area. The Schengen Borders Code lists requirements which third-country nationals must meet to be allowed into the Schengen Area. For this purpose, a third-country national is a person who does not enjoy the right of free movement (i.e. a person who is not an EU, EEA or Swiss citizen, nor a family member of such a person who is in possession of a residence permit with the indication "family member of an EU citizen" or "family member of an EEA or CH citizen").

The requirements for entry are as follows
The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;


etc.

Do some research and see what you find

I have done enough research and can repeat my assertion. If she gets a Schengen visa, she will be able to board a plane, if she arrives in Greece, the Greeks cannot get her out as, in accordance with the Directive 2004/38, they must allow her an opportunity to prove by any other means that she is a family member of an EEA national. That is IF someone asks her questions. In my whole travelling life and those of my clients noone has been in any shape or form inconvenienced at the border.

Therefore, once she gets a Schengen visa, the rest is easy, you worry the OP unnecessarily, and by the way, wikipedia is the last source I would resort to when quoting legislation or trying to prove my point, you lose credibility straight away.
As per the directive , she has to PROVE she is joining the family member , if wiki is not goooooood enough for you , will the european site be good enough for you ?

http://europa.eu/youreurope/citizens/tr ... dex_en.htm

CHEEKA
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Posts: 73
Joined: Thu Aug 02, 2012 1:30 pm

travel

Post by CHEEKA » Sat Aug 11, 2012 12:20 am

My husband was stopped twice by the border staff when we travelled together.
We twice had to show our marriage certificate , and the second guard did not
know we were travelling together and told my husband that he needed a "letter" to travel with , the schengen visa was not enough on its own.

So , guess what ? people do actually get inconvienced at the border , and you are making the assumption that they will even let her on the plane , I KNOW they should, but hey ! DO THEY KNOW?

It's only advice, the gentleman can take it or leave it.

CHEEKA
Junior Member
Posts: 73
Joined: Thu Aug 02, 2012 1:30 pm

Post by CHEEKA » Sat Aug 11, 2012 12:26 am

[/quote]

wikipedia is the last source I would resort to when quoting legislation or trying to prove my point, you lose credibility straight away.[/quote]

I was not trying to prove your point , I was trying to disprove it .

http://europa.eu/youreurope/citizens/tr ... dex_en.htm

How is my credability NOW ?

mcovet
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Post by mcovet » Sat Aug 11, 2012 12:36 am

cheeka, how on earth would a letter prove anything? for all they know, she could have written, signed and dated it herself. If you are getting at the point that the border guards can pick on someone, they certainly can, but unless they have reasons to doubt that she still falls under the category of applicant under which she initially applied and obtained the visa, they can try all they want, they can't do jack $hit, and she has nothing to hide as the law is on her side.

CHEEKA
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Posts: 73
Joined: Thu Aug 02, 2012 1:30 pm

Post by CHEEKA » Sat Aug 11, 2012 12:49 am

mcovet wrote:cheeka, how on earth would a letter prove anything? for all they know, she could have written, signed and dated it herself. If you are getting at the point that the border guards can pick on someone, they certainly can, but unless they have reasons to doubt that she still falls under the category of applicant under which she initially applied and obtained the visa, they can try all they want, they can't do jack $hit, and she has nothing to hide as the law is on her side.
REREAD the previous posts , it has to be an OFFICIAL letter , stamped and endorsed by the country she intends to travel to , clearly stating that her husband is residing in the country, not a wee letter she put together on the word processor. You mentioned your clients , I hope you pay them .....

As per the law , they CAN infact refuse her if she is not accompanied by her husband or had the OFFICIAL letter stating that she is joining him.

ALL FACT, whether you like it or not.


Read the link , ITS THE LAW.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Aug 11, 2012 8:00 am

CHEEKA wrote:
mcovet wrote:cheeka, how on earth would a letter prove anything? for all they know, she could have written, signed and dated it herself. If you are getting at the point that the border guards can pick on someone, they certainly can, but unless they have reasons to doubt that she still falls under the category of applicant under which she initially applied and obtained the visa, they can try all they want, they can't do jack $hit, and she has nothing to hide as the law is on her side.
REREAD the previous posts , it has to be an OFFICIAL letter , stamped and endorsed by the country she intends to travel to , clearly stating that her husband is residing in the country, not a wee letter she put together on the word processor. You mentioned your clients , I hope you pay them .....

As per the law , they CAN infact refuse her if she is not accompanied by her husband or had the OFFICIAL letter stating that she is joining him.

ALL FACT, whether you like it or not.


Read the link , ITS THE LAW.
"Accompanying" does not require any further explanation. This is very straightforward.

"Joining" may be open to some interpretation, but at the end of the day, it's pretty simple too. If the EU spouse already lives in a third member state, they could demonstrate that by any reasonable means; a residence certificate would be good or the same documentation required to get one. If the EU plans to reside in the member state and does not yet do so (this is possible), and plans to be joined by their spouse, then it may be more difficult to document. Member states ought not to be placing administrative barriers in front of EU citizens who wish to avail of their rights under the treaty (I'm sure in some cases they do in practice and people need to complain).

There is some guidance here (page 58 on):

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf
Last edited by EUsmileWEallsmile on Sat Aug 11, 2012 8:13 am, edited 1 time in total.

EUsmileWEallsmile
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Re: travel

Post by EUsmileWEallsmile » Sat Aug 11, 2012 8:12 am

CHEEKA wrote:My husband was stopped twice by the border staff when we travelled together.
We twice had to show our marriage certificate , and the second guard did not
know we were travelling together and told my husband that he needed a "letter" to travel with , the schengen visa was not enough on its own.

So , guess what ? people do actually get inconvienced at the border , and you are making the assumption that they will even let her on the plane , I KNOW they should, but hey ! DO THEY KNOW?

It's only advice, the gentleman can take it or leave it.
It is true that people sometimes get inconvenienced at the border. Often it is the result of a guard who is unfamiliar with the legislation. EU citizens require a passport or ID card; non-EU citizen family members a passport and in some cases a short-term entry visa. They should not be be asked to prove everything at the border again - it should be a simple entry. They may be asked, but they don't need to answer. Stand your ground, be polite and if necessary point out the law.

CF article 5 of the directive.

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