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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

CHEEKA
Junior Member
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
BANNED
Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

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
Junior Member
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
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

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
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

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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