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4EUFam and EU wide travel - the complete guide

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jan 21, 2013 10:11 pm

marcojr,
Start a new thread and I would be happy to answer you

marcojr

Post by marcojr » Mon Jan 21, 2013 10:17 pm

Directive/2004/38/EC wrote:marcojr,
Start a new thread and I would be happy to answer you
Sure !

hunjra
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Ireland

Post by hunjra » Fri Mar 01, 2013 7:53 pm

marcojr wrote:Can some1 help me ?

Well, my scenario is really out of usuall scope and after several weeks
googling and googling...I'm giving up and it's time to start to bother
someone :) Sorry to bother.

Me, 37 years old, experienced software engineer living in Brazil , I
support my whole family and my wife don't need to work because my salary is enough for me, her and our 4 years old son.

And she and my son, both EEA citizens (Hungary) .We want to live in Europe,specially in Ireland because the market of IT is missing ppl with my profile and this will be good to me, my family and for the economy of
Ireland with some how.

However as I said..we live all in Brazil and we are not exercing treaty
rights becase we don't live in europe.Yes, we can move to Ireland, but only my wife will be able to work because she is the EEA citizen, not me.This is bad because she is subject to grab a job from someone that's really need to feed himself.Second objection is: I can easy find a job in any country because I am experienced software engineer.But she never worked anywhere else before and considering the high level of unemployment sounds like something impossible for us.

What we are supposed to do ? Any hint ?

ty in advance !
As a family member of Eu citizen . you have same rights as ur wife.
but you have to apply for Eu family residency card in ireland .
Have look here http://inis.gov.ie/en/INIS/Pages/WP07000168
llll

achosa
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Post by achosa » Wed Mar 27, 2013 1:48 pm

Just want to let you know that we wanted to travel yesterday from london stansted to poland with gnib card with stamp4eufam and our marriage certificate and Ryanair refused us to fly without visa. I contacted polish border officer and they confirmed that we can travel without visa but staff on the airport refused to contact polish airport. We traveled with 4months old baby!!! I showed them info from polish embassy but they said that it doesn't matter. They just gave us info with fax number to make complain.
We had to stay another night in hotel and bought tickets for another flight with wizzair - polish embassy confirmed that they shouldnt have a problem with it. We spend 600e on tickets and hotel not mention embarassment and stress. Hopefully we will have no problem tonight.
I advise everybody who wants to travel to Europe to get visa if they want to travel from London Stansted.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Mar 27, 2013 8:25 pm

achosa wrote:Just want to let you know that we wanted to travel yesterday from london stansted to poland with gnib card with stamp4eufam and our marriage certificate and Ryanair refused us to fly without visa. I contacted polish border officer and they confirmed that we can travel without visa but staff on the airport refused to contact polish airport. We traveled with 4months old baby!!! I showed them info from polish embassy but they said that it doesn't matter. They just gave us info with fax number to make complain.
We had to stay another night in hotel and bought tickets for another flight with wizzair - polish embassy confirmed that they shouldnt have a problem with it. We spend 600e on tickets and hotel not mention embarassment and stress. Hopefully we will have no problem tonight.
I advise everybody who wants to travel to Europe to get visa if they want to travel from London Stansted.
Hope you keep your receipts and seek compensation.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Mar 31, 2013 11:47 pm

Demand compensation. You can also take them to small claims court.

archigabe
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Re: transit in France...

Post by archigabe » Thu May 30, 2013 8:26 pm

GAWN wrote:Hi everybody,

does anybody have experience travelling with a Stamp4 EUFam card to an EU country but transiting at a French airport?

FYI...the french embassy in dublin has some changes with regard to travel to france with Stamp4 EU Fam Card

http://www.ambafrance-ie.org/Can-I-obta ... -dependent


From January 2nd 2012 , following European Convention 2004/38, the foreign spouse or family member of an EU national may enter France without a visa if they are in possession of :

a valid travel document ;
a valid residency permit (GNIB card) with the endorsement "EU Fam" (this endorsement is compulsory in order to be visa exempted) ;
and if they are joining or travelling with the EU national.
If you do not satisfy the above conditions, you will need to apply for a visa to travel to France.


If your valid residency permit (GNIB card) does not show the endorsement "EU Fam", you can obtain a visa as a dependent family member:

1) If you are:

the spouse of an EU citizen
a child under 21 provided you still depends financially on your EU parent
the parents of an EU citizen if and only if your are financially dependent on your European child (proof of dependence must be provided)
the financially dependent child (under 21) or parent of the spouse of an EU citizen. (Proof to be provided)

2) And if you are travelling with or joining the EU citizen


N.B.: If you do not fulfil both those conditions, please see the tourism section.

dalebutt
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Post by dalebutt » Fri May 31, 2013 7:29 am

No wonder the French are doing so badly at managing the economy, I have seen quite a number of times when the French government repeatedly refer to the Directive2004/38/EC as the European convention.

This just goes to show many a member state had signed up to something they are absolutely clueless about, and I believe this is so with many others, it is the same trend they have followed in successfully crashing the economies. Bonkers!

iamanalien
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Post by iamanalien » Tue Jun 04, 2013 1:54 pm

From the Spanish Embassy Dublin - website.
C. FAMILY MEMBERS OF EU CITIZENS

Family members within the meaning of European law are, irrespective of nationality, the spouse and descendants of these persons dependent on them, as well as the dependent relatives in the ascending line of the person and their spouse.

Only holders of 4EUFam residence card will be exempt of the visa requirement provided they accompany or join the EU-EEA citizen

http://www.exteriores.gob.es/subwebs/Em ... ments.aspx
God willing, I will travel to Malaga next week. I hope to update this thread with my personal experience once I return.

iamanalien
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Post by iamanalien » Thu Jun 06, 2013 2:25 pm

New Link: http://www.exteriores.gob.es/Embajadas/ ... ublin.aspx

Previous one is now defunct

iamanalien
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Post by iamanalien » Sat Jun 29, 2013 10:02 pm

iamanalien wrote:
God willing, I will travel to Malaga next week. I hope to update this thread with my personal experience once I return.
Praise God, my travels went smoothly no glitches whatsoever.

I landed at Malaga airport travelled to Morocco via Ferry from Tangier and then back again.

There was absolutely no hassle at Malaga airport and Tarifa seaport.

One other thing. If you're travelling Ryanair make sure that you have you boarding pass stamped at the Ryanair counter before boarding your flight.

migrantdude
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Post by migrantdude » Thu Jul 04, 2013 2:01 pm

iamanalien wrote:From the Spanish Embassy Dublin - website.
C. FAMILY MEMBERS OF EU CITIZENS

Family members within the meaning of European law are, irrespective of nationality, the spouse and descendants of these persons dependent on them, as well as the dependent relatives in the ascending line of the person and their spouse.

Only holders of 4EUFam residence card will be exempt of the visa requirement provided they accompany or join the EU-EEA citizen

http://www.exteriores.gob.es/subwebs/Em ... ments.aspx
God willing, I will travel to Malaga next week. I hope to update this thread with my personal experience once I return.
Hi guys. This information is completely genuine. The Spain Embassy are actually giving out a letter with the European directive included in the Spanish law and an explanatory note in English summing it up. Let's hope the EU directive is finally in force in all the countries in the EU.

migrantdude
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Post by migrantdude » Sun Aug 04, 2013 7:03 pm

Well, it looks like I better off taking my words back. Apparently, Spain is not yet so aware of the directive after all, at least from my own experience.

Recently, I took a trip to Spain with my wife. When arriving in Madrid, they said my wife needed a Schengen visa no matter whether she had a residency card for Ireland or not. Actually, according to the police officer, that only entitled her to live and work in Ireland. After producing the transcription of the European directive in the Spanish law and a letter from the Spain Embassy stating her rights in terms of freedom of movement, the police officer went to consult with his supervisor to come back to let us know there was no issue whatsoever since the residency card actually reads EUFAM4, even when this is completely tucked in a corner of it.

I need to admit he was very nice and diligent after all - It surprises me that he wasn't aware of such an important law at all. Anyhow, what definitely took me aback was when a different agent at the Spanish completely ignored the residency card and said my wife couldn't re-enter Ireland because she didn't have a valid visa - completely ridiculous! Again, we needed to produce the transcription of the law and explain it to him. At the end he seemed to come back to his senses and let us on the plane.

Anyway, it looks like we still have a long way ahead before the European directive and other laws are completely enforced without us having remind them. By the way, the airlines companies were aware of these laws and didn't put any stumbling block at all.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Aug 04, 2013 7:35 pm

Well it is good that you were admitted and allowed to travel back. Not all IOs are familiar with the law in totality. One of the problems is the lack of a consistent residence card format used by all member states. I have some sympathy for IOs; add in a potential language barrier, etc and there may be some misunderstandings.

Best to know one's rights and stand one's ground.

jeupsy
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Post by jeupsy » Sun Aug 04, 2013 11:51 pm

EUsmileWEallsmile wrote:One of the problems is the lack of a consistent residence card format used by all member states. I have some sympathy for IOs; add in a potential language barrier, etc and there may be some misunderstandings.
Yes this is so true. The lack of standardised cards and the fact that overall the number of people using these laws is probably VERY small is a receipt for misunderstandings. And Ireland doesn't make it easier by issuing card which look exactly the same as any other Irish residence card except for the EUFAM mention. I guess and experience border control officer at a major airport will have seen a few and remember this. But if you run into a newbie in a small airport in a non-English speaking country ... Zero chance things will go smoothly (and like you, I don't necessarily blame the staff there)

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Post by jeupsy » Mon Aug 26, 2013 7:37 pm

Hi all. I am back from a weekend in Denmark with my non-EU partner and I though people might be interested in our experience traveling visa-free with a Stamp 4 EUFam for unmarried partners.

In summary, it was all easy and there was no issue whatsoever.

I had emailed the embassy of Denmark in Dublin who had told me she could travel without a visa as long as we were travelling together; and when I insisted that we don't have a marriage certificate to prove our relationship they said it was fine to bring the EUTR decision letter from INIS.

When we arrived at Copenhagen airport I explained the situation ... and the border control didn't say a single word to us. He just scanned her GNIB card, stamped her passport and let us through.

When we left the country, I saw the officer talking to his colleague behind him so I started to explain. He actually told me he knew about this already but he was explaining the rule to his colleague (which I guess was in training as he was standing at the back watching). So it turned out that for Denmark at least the officers are well aware of this and don't require you to be married (they actually didn't look at the INIS letter anyway, so while obviously it would have been cheating, my partner could have travelled with any EU citizen)
Last edited by jeupsy on Mon Aug 26, 2013 8:54 pm, edited 1 time in total.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Mon Aug 26, 2013 8:47 pm

Good story. Passport should not have been stamped.

jeupsy
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Post by jeupsy » Mon Aug 26, 2013 9:03 pm

EUsmileWEallsmile wrote:Good story. Passport should not have been stamped.
Yes I know they shouldn't stamp - I though there was no point in arguing with him about this since anyway he let us through :-) The one on the way out from Denmark also put an exit stamp, so I think it is what their training tells them to do (even though it is not what the EU directive says).

I am not sure if having the stamps or not makes any difference in practice. I guess in a way you can use it as a proof with other guys that you are entitled to travel visa-free and have done it before; but on the other hand an annoying embassy processing a visa application could question why you entered Schengen countries without a visa.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Aug 26, 2013 9:51 pm

Part of the reason to explicitly forbid stamping is so that border guards learn that this is not a normal border entry. This is an exceptional type of entry...

jeupsy
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Post by jeupsy » Tue Aug 27, 2013 6:27 am

Directive/2004/38/EC wrote:Part of the reason to explicitly forbid stamping is so that border guards learn that this is not a normal border entry. This is an exceptional type of entry...
Ok thanks, didn't know that ...

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