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Because it's not issued under directive 2004/38/ec nor is the UK part of Schenghen. I appreciate that this is disappointing in terms of travel plans.barrow wrote:VFS have said he'll need a visa however it will take up to two weeks so by then we'll have been and returned from holiday :(
Why would his Residence Permit not say family member?
No .... must have a visa.mxgee wrote:I am UK citizen and my wife is non EU citizen and staying with me in UK on UK spouse VISA. Can she travel to France or any other EU states with me without obtaining VISA under Directive 2004/38/EC.
Do u know wot documents do my wife need in orderPrawo wrote:No she cannot.
She has to apply for a Schengen Visa.
However any Schengen state has to issue her this visa and free of charge.
Should she by accident land at the border with you and without a visa, but in the possession of her original marriage certificate the French are not allowed to refuse her entry and should issue her a 15 day visa upon arrival. The Dutch would do so.
problem will be how to embark the chosen means of transportation as that will often be the moment the passport and visa check is dealt with.
However she can make a direct appointment as it's her right for filing a (fully free) direct application at the Consulate. She should get an appointment within 15 days and normally should get her visa within another 15 days.Pursuant to the Directive 2004/38, members of the family (spouse, children under the age of 21/ dependent or direct dependent parent) of EU Nationals do not require a visa to travel to France if:
- their UK residency states "Family Member of an EEA national",
- they are travelling or meeting in France their EU relative.
Attention: To avoid unnecessary problems whilst travelling it is advisable to carry along evidence of family relationship.
If your UK residency does not state "Family Member of an EEA national", you will need a visa to travel to France. In support of your application, the following documents will have to be produced:
- Evidence of the family link between the visa national and the EU/ EEA/ or Swiss National (civil status document)
- Evidence of EU/ EEA/ or Swiss Nationality (passport or national ID card)
- Evidence of stay in France of the EU/ EEA/ or Swiss National (proof of travel and accommodation)
Remember: they should not charge her for making only this appointment. If they do: complain to the consulate and the European Commission (where there are more complaints like this also about practices from other countries which they are going to deal with).Direct Appointment at the French Consulate General
If you do not want to use TLScontact services, you may still apply directly at the French Consulate. Appointments are compulsory and shall be made through TLScontact by calling 0845 7300 118, Monday to Friday from 8.30 am to 4.30 pm. The minimum processing time is 24h00 – you will need to arrange to come back to the Consulate in person to collect your passport.
You did quite some effort in making things clear.wiz wrote:Having travelled with my Russian wife, over 16 times around various EU countries, we have had not much problems apart from the usual airline ignorant staff.
In the middle of 2010, I thought we had finished with all these nonsense, when I received an invitation to visit an Irish friend in Dublin, and then discovered we could not go because the Irish they were implementing the directive, since 2006 but not the article 5(2).
This new order resolves the problem for many people, who the non EU partner has acquired a Resident Card, under the EU Directive 2004/38/EU, in another member state and want to visit the Republic of Ireland.
Now they don't need to have or apply for a visa to visit the Republic, their Resident Card/Document is sufficient enough.
Hi therePrawo wrote: You did quite some effort in making things clear.
i remember the '80's from the last century when I was trying to get free visa for all EU member states my third country national wife wanted to visit together with me. In the end (after almost 2 years) the European Commission helped out.
The following situation comes to my mind.
By now your Russian wife could have the EU permanent residence right (if she is not a British national). If so it looks like she needs visa again, as the Directive excludes only those in the possession of a residence card for the family member.
What would be your view here?
I am glad we can help you in some way.shamimmig wrote: So imagine my joy when i discovered this 2004/38/EC thread. It sounds like the answer to my prayers, even though at no point border agents or consulate official informed me of its existence (where do you guys find your 'nice' border agents? I never met any).
- i guess this means i can now just walk to the eurostar with my wife and kids and cross the border to france, correct? As long as they have their residency cards with them
- can this mean my wife can travel on her own to france to go visit my mother?
- same questions for my son, can he travel on his own to visit my mother?
Thank you a million times. I can almost see the light at the end of the tunnel
wiz wrote: 2. I guess the children have a RESIDENT CARD under the Directive 2014/38/eu. Therefore they must travel together with you, or they can come to meet you, (article 5(2) without Visa).... if you are already there.
They cannot travel just alone.
3. Your wife can travel with the visa on her own but not with the children.
I suggest you take a good look at the Resident stamp of your sons..... and see what exactly is written..... becauseshamimmig wrote: Thank you, do you think it's OK for my mother to travel with the children back to france? I guess the thing is, how does the border control agent knows I myself am in england or france? Can't they just say 'oh yeah we're coming to visit our dad'
When I read this I fear the UK does not fully comply with EU rules.wiz wrote:... take a good look at the Resident stamp ...