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Schengen visa for UK resident (indian), married to an EEA national?

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funnycute20
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Schengen visa for UK resident (indian), married to an EEA national?

Post by funnycute20 » Sun Aug 11, 2019 6:40 pm

Hello,

I am an EEA national living in UK with my husband, who is an Indian citizen. We both got our pre-settled status and he got the residence card based on this.

I know that the Schengen countries are allowing him to travel together with me if he holds a UK residence card stating that he is my family member, without needing any visa. The thing is that UK, with the new scheme, changed the specs on the residence card and now it is just written "EU pre-settlement scheme". I already emailed the embassy of Spain and France telling them about this and they said he will need a visa to travel there. Which I think it is absurd! If he wouldn't have been married with me, he wouldn't have got the residence card which is pretty obvious...

Has anyone encountered this issue in the last months? What is to be done? As it is not in our power what UK writes on the residence card. And they are breaking the treaty and free movement, as UK is still in EU.

Thanks.

ljdebenedictis
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Re: Schengen visa for UK resident (indian), married to an EEA national?

Post by ljdebenedictis » Sun Aug 11, 2019 10:10 pm

Hi..

UK is not breaking the treaty and free movement rights because EU settlement scheme is under UK immigration law and not EU immigration law hence you can’t use it to travel freely around Europe.

You can still apply for EU residence card if you want to travel freely but it will be invalid in 2020.

I know it is annoying or stressful to apply for schengen visa but actually it’s not that difficult, I hold EU residence card and can travel without visa but because of all the brexit issues I decided to apply last month as I’m going to Cyprus, no visa fee for family member and only took 3 days to process.

Don’t know if this info answer your questions but hope this helps?
Thank you 😊

funnycute20
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Re: Schengen visa for UK resident (indian), married to an EEA national?

Post by funnycute20 » Mon Aug 12, 2019 7:51 am

Hi,

Thanks for your answer.

I am not saying that UK is breaking the treaty, but when I asked the other embassies they were very rigid and not understanding and they were blaming UK for not being sure about the Brexit thing and not giving any more the residence card with that specs. I personally can travel with my ID card, the problem is with my husband, who will have to ask for visa every time we travel somewhere. And it is free, but all of them are done through a 3rd party which you need to pay for processing, in this case VFS, so how is that free?

Now we will go to Lithuania for a few days and in a some months to Spain. But Lithuania didn't give him a multiple entry Schengen visa. Only single entry and for 20 days...(probably because it was the first time applying for Schengen visa). Hence the frustration with all these procedures.

secret.simon
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Re: Schengen visa for UK resident (indian), married to an EEA national?

Post by secret.simon » Mon Aug 12, 2019 11:10 am

Pre-Brexit, you can still apply for a Residence Card under the EEA Regulations (in addition to the Settlement Scheme) and use the latter card for visafree travel within the EU.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

askmeplz82
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Re: Schengen visa for UK resident (indian), married to an EEA national?

Post by askmeplz82 » Fri Aug 30, 2019 10:07 am

funnycute20 wrote:
Mon Aug 12, 2019 7:51 am
Hi,

Thanks for your answer.

I am not saying that UK is breaking the treaty, but when I asked the other embassies they were very rigid and not understanding and they were blaming UK for not being sure about the Brexit thing and not giving any more the residence card with that specs. I personally can travel with my ID card, the problem is with my husband, who will have to ask for visa every time we travel somewhere. And it is free, but all of them are done through a 3rd party which you need to pay for processing, in this case VFS, so how is that free?

Now we will go to Lithuania for a few days and in a some months to Spain. But Lithuania didn't give him a multiple entry Schengen visa. Only single entry and for 20 days...(probably because it was the first time applying for Schengen visa). Hence the frustration with all these procedures.

some countries issue you longer schengen visa to eu family member. I asked for 2 days visa but they gave me 3 months . they wanted to give me 6 months if my ex approve. they send her email but she didn't reply. i told them i am separated
UK Student Visa : 04/2004 - 09/2009
EEA Residence Stamp: 12/2009 - 03/2010
EEA Residence Card : 07/2010 - 7/2015
Eu Settlement Scheme : 01/05/ 2019
Biometrics: 01/05/2019
COA: 03/05/2019
EU Settled Status: Confirmed on 16th July 2019

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