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Schengen visa for family member of EU citizen

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jinkazama_11
Member of Standing
Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

Schengen visa for family member of EU citizen

Post by jinkazama_11 » Fri Jan 05, 2018 8:49 pm

Hi
I need some clarification re Schengen visa for the family member of EU national.
Can my Non EU family member apply for Schegen visa under the Directive 2004/38/EC to accompany me to the other member state, my sole purpose of going to the other EU member state is tourism, the length of stay is between 1 and 2 weeks.
Thank you for your help.

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 1:39 pm
Italy

Re: Schengen visa for family member of EU citizen

Post by dan1988uk » Sat Jan 06, 2018 12:32 pm

If you and your non EEA spouse are living in the UK and the non EEA citizen is holding a Residence card of a family member of EU citizen, the non EEA citizen does NOT need a visa to travel WITH YOU in the Schengen Area (apparently excluding Switzerland).

flyboy
Member of Standing
Posts: 254
Joined: Sun Jan 21, 2007 12:32 pm
Location: Geneva / Lausanne,CH

Re: Schengen visa for family member of EU citizen

Post by flyboy » Sat Jan 06, 2018 3:32 pm

That's right. Switzerland is not bound by Directives and whichever extra rights it gives to EU citizens or their family members.

jinkazama_11
Member of Standing
Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

Re: Schengen visa for family member of EU citizen

Post by jinkazama_11 » Sat Jan 06, 2018 7:14 pm

dan1988uk wrote:
Sat Jan 06, 2018 12:32 pm
If you and your non EEA spouse are living in the UK and the non EEA citizen is holding a Residence card of a family member of EU citizen, the non EEA citizen does NOT need a visa to travel WITH YOU in the Schengen Area (apparently excluding Switzerland).
Thank you for your reply.

The Non EU family member is my daughter, and she is NOT resident in UK and DOES NOT hold a resident card of a family member of EU citizen.

dan1988uk
Member of Standing
Posts: 274
Joined: Tue Jun 27, 2017 1:39 pm
Italy

Re: Schengen visa for family member of EU citizen

Post by dan1988uk » Sat Jan 06, 2018 7:28 pm

According to the directive if traveling with you she does not require a visa, but practically without a residence card the airline will not even board her and even if she will be able to board she can be in trouble at the border, better apply for a visa. If your daughter is under 21 (or over 21 and dependent on you) the visa is free of charge.

jinkazama_11
Member of Standing
Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

Re: Schengen visa for family member of EU citizen

Post by jinkazama_11 » Sat Jan 06, 2018 8:11 pm

Thank you for your help, will update my experience.

mgb
Senior Member
Posts: 649
Joined: Tue Dec 17, 2013 8:28 pm

Re: Schengen visa for family member of EU citizen

Post by mgb » Sun Jan 07, 2018 8:10 am

flyboy wrote:
Sat Jan 06, 2018 3:32 pm
That's right. Switzerland is not bound by Directives and whichever extra rights it gives to EU citizens or their family members.
Switzerland is bound to the schengen rules.
Due to schengen borders code a residence card issued on basis of the directive 2004/38 entitle to a visa free entry.

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