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schengen confusion

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688148256
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schengen confusion

Post by 688148256 » Mon Jul 26, 2010 1:11 pm

Hi, my wife is here in the U.K on a settlement visa and recently I applied for her a SCHENGEN visa at the GERMAN consulate for a short trip to the Europe.

The German consulate has granted her the visa but we wish to go to ITALY instead, italy will be our main and only destination.

Is it possible to take a transit flight from U.K TO FRANKFURT and then TO ITALY.

OR can we travel direct to italy with the German Schengen visa ignoring a visit to the Germany.

thank you

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Re: schengen confusion

Post by Wanderer » Mon Jul 26, 2010 1:14 pm

688148256 wrote:Hi, my wife is here in the U.K on a settlement visa and recently I applied for her a SCHENGEN visa at the GERMAN consulate for a short trip to the Europe.

The German consulate has granted her the visa but we wish to go to ITALY instead, italy will be our main and only destination.

Is it possible to take a transit flight from U.K TO FRANKFURT and then TO ITALY.

OR can we travel direct to italy with the German Schengen visa ignoring a visit to the Germany.

thank you
Yes you can but the basic tenet is if you don't spend some time or more importantly, cash in the issuing states they won't issue another one.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: schengen confusion

Post by djb123 » Mon Jul 26, 2010 4:51 pm

Wanderer wrote:
688148256 wrote:Hi, my wife is here in the U.K on a settlement visa and recently I applied for her a SCHENGEN visa at the GERMAN consulate for a short trip to the Europe.

The German consulate has granted her the visa but we wish to go to ITALY instead, italy will be our main and only destination.

Is it possible to take a transit flight from U.K TO FRANKFURT and then TO ITALY.

OR can we travel direct to italy with the German Schengen visa ignoring a visit to the Germany.

thank you
Yes you can but the basic tenet is if you don't spend some time or more importantly, cash in the issuing states they won't issue another one.
Don't think that is true if the OP is a British citizen. The germany embassy would have to issue a visa in the future, though maybe they could be awkward and issue a short single entry visa.

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Post by Directive/2004/38/EC » Mon Jul 26, 2010 7:12 pm

You may well be able to get a connecting Lufthansa fight to Italy. You would then clear Schengen immigration in Germany.

If you were a Japanese citizen, then Schengen rules would say that you should apply to the main destination or the first place you will enter.

If you are an EU citizen and traveling with your non-EU family, then in theory there is no space for the Schengen countries to require you to deny you a visa because you did not visit their country on the previously issued visa. Getting country X to comply with that can require some fighting though.

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Post by napers » Tue Jul 27, 2010 12:59 pm

You applied in good faith, there's no requirement to stick to your travel plans, so just go to Italy.

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Post by Directive/2004/38/EC » Tue Jul 27, 2010 1:56 pm

Note that you can renew your German Schengen visa by Post within the next year. A lot easier than any other option.

Germany is also lovely to visit. Fly to Munich or Berlin for a few days!

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Post by 86ti » Tue Jul 27, 2010 2:03 pm

If the OP is an EU citizen then an application by post is possible at any time.

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Post by Directive/2004/38/EC » Tue Jul 27, 2010 2:09 pm

Not if you live in London.

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Post by 86ti » Tue Jul 27, 2010 2:17 pm

Information on their web page does not exclude London though it would make sense.

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Post by Directive/2004/38/EC » Tue Jul 27, 2010 6:34 pm

86ti wrote:Information on their web page does not exclude London though it would make sense.
Good spot. The Germans are clearly doing the sensible thing now. You can also do the first or subsequent application by post (as family member of an EU or German citizen).

Another reason to make Germany a destination for your next holiday!

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Post by 86ti » Tue Jul 27, 2010 6:47 pm

Directive/2004/38/EC wrote:
86ti wrote:Information on their web page does not exclude London though it would make sense.
Good spot. The Germans are clearly doing the sensible thing now. You can also do the first or subsequent application by post (as family member of an EU or German citizen).
The webpage also states that visas are issued to EEA family members via the 'simple' procedure.

[My wife recently applied with the minimal set of documents but with a 'Verpflichtungserklaerung' from a friend. She got a visa within 3 days(!) stating (in German) that she is an EU family member and that no proof of health insurance is required. She entered with our daughter via Stuttgart yesterday without problems except that they didn't stamp her passport. The IO only asked whether the small girl was really our daughter.]

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Post by Directive/2004/38/EC » Tue Jul 27, 2010 7:17 pm

Verpflichtungserklaerung is not needed for EU family members. Your wife's friend spent a lot of time and money to get it for her - better to spend the money on a good night out when you get to Germany.

The German border guards are well trained and (usually) very nice. I talked with some in Munich about what visa my wife needed. The two of them I was talking with told me she required no visa if she was traveling with me and we had our marriage certificate with us. I asked is they had that in writing, and they looked carefully and said they did not. But they said it was no problem.

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Post by 86ti » Tue Jul 27, 2010 7:30 pm

Directive/2004/38/EC wrote:Verpflichtungserklaerung is not needed for EU family members. Your wife's friend spent a lot of time and money to get it for her - better to spend the money on a good night out when you get to Germany.
She got it because nobody thought about consulting me! :-) Particularly odd is that the document also includes my daughter who is an EU citizen. On the other hand, the above mentioned embassy web page requires an address in Germany so it served at least one purpose...

Directive/2004/38/EC wrote:The German border guards are well trained and (usually) very nice. I talked with some in Munich about what visa my wife needed. The two of them I was talking with told me she required no visa if she was traveling with me and we had our marriage certificate with us. I asked is they had that in writing, and they looked carefully and said they did not. But they said it was no problem.
I can't really confirm that the border police in Munich is too well informed, see here (page 15, third last posting at the moment).

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Post by 688148256 » Tue Jul 27, 2010 9:45 pm

thanks for the replies..

So can I travel freely and goto ITALY THROUGH A CONNECTING FLIGHT...legally.

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Post by Directive/2004/38/EC » Tue Jul 27, 2010 11:07 pm

688148256 wrote:So can I travel freely and goto ITALY THROUGH A CONNECTING FLIGHT...legally.
Of course you can. You could always.

There are very few ways for you to be illegal if you are a family member of an EU citizen.

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Post by djb123 » Wed Jul 28, 2010 4:53 am

688148256 wrote:thanks for the replies..

So can I travel freely and goto ITALY THROUGH A CONNECTING FLIGHT...legally.
Actually you are still technically not sticking to the 'rules' as Germany should be your main destination. First destination only matters if you are spending equal time in multiple countries.

(Though as already pointed out you are not breaking any laws)

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