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free movement inside EU for non EU family member ?

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evil_grrrl666
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free movement inside EU for non EU family member ?

Post by evil_grrrl666 » Wed Aug 08, 2007 7:51 am

End of october, my fiance and I are planning to get married in India; he is Indian and I'm German. Then we will apply for an EU/EEA family permit so both of us can live in the UK together.
Now after reading through loads of info regarding the rights of EU citizens and family members in the EU; I assume after he gets his family permit, if we want to visit my family in Germany or go anywhere else inside the EU, he will not need any visas, am I right?
In spite of this right, has anyone in a similar situation ever experienced any trouble at any airport or entering any EU country?

Thanks in advance for any help clearing up this issue.

Laura

Rozen
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Post by Rozen » Wed Aug 08, 2007 8:44 am

As he is non-EU (India), I'm afraid your husband will have to apply for a Schengen visa to visit any of the other EU countries from UK.

evil_grrrl666
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Post by evil_grrrl666 » Wed Aug 08, 2007 8:57 am

thanks for ur reply!

ok, so a schengen visa... even after he applies for the residence card once he's living in the UK?

Docterror
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Post by Docterror » Wed Aug 08, 2007 8:59 am

... for now (practically).
Jabi

Rover8098
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Post by Rover8098 » Fri Aug 10, 2007 10:53 pm

Rozen wrote:As he is non-EU (India), I'm afraid your husband will have to apply for a Schengen visa to visit any of the other EU countries from UK.
Rozen, are you sure about this? As she is German, won't her husband be issued with a schengen resident permit which would allow him to move around freely within the schengen region?
I thought only non-EU spouses of citizens of countries such as the UK, ROI and Switzerland (the ones that didn't sign up to the schengen treaty) had to apply for schengen visas to travel to schengen states?

I'm not familiar with what the rules are regarding the EU family permit, but I'm absolutely sure that if 'evil_grrlll' was still living in Germany and she married a non-EU nation, then her spouse would definitely be issued with a schengen visa which gives free right of movement within the schengen region.

Docterror
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Post by Docterror » Fri Aug 10, 2007 11:56 pm

As she is German, won't her husband be issued with a schengen resident permit which would allow him to move around freely within the schengen region?
Only if they had been moving to Germany after the marriage. But since they are planning on settling in the UK, they will not be getting any sort of German Residence Permit and hence will need the Schengen visa as,you are aware, the EEAFP only covers the UK.
Jabi

Directive/2004/38/EC
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Re: free movement inside EU for non EU family member ?

Post by Directive/2004/38/EC » Sat Aug 11, 2007 6:25 am

evil_grrrl666 wrote:I assume after he gets his family permit, if we want to visit my family in Germany or go anywhere else inside the EU, he will not need any visas, am I right?
I spent half an hour in May talking with the Bundespolizei (formerly BGP) at Munich airport. These are the people responsible for immigration controls. I was asking whether somebody who had a UK or Irish Residence Card required a visa for entry to Germany.

They were not sure, but then said, "But she is married to you?"

They said that as long as the EU national was travelling with the non-EU national and they carried their marriage certificate with them (presumably, though they did not say this, with a translation into a major european language like German or English), that the spouse did not require a visa. There were two officiers I was talking with, and both seemed to think this was quite standard.

I have not yet tried this yet, and people will point out that the airline may turn you back if you do not have the right visa.

Others have reported no problems travelling to France by ferry and having no problems at border controls. And minimal problems entering Spain without a visa. Ireland, of all places, seems to be the most difficiult place with people being given a hard time (before being let in).

eliasuk4u
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Post by eliasuk4u » Tue Aug 14, 2007 11:44 am

I have not yet tried this yet, and people will point out that the airline may turn you back if you do not have the right visa.
I recently travelled to a schengen country from UK and I have 2 year spouse visa, at the airport the check in staff preciously asked whether I have schengen visa (which I had), So if I hadn;t had the visa then I couldn't have board the plane. Same thing happened while arriving in the schengen country. The official checked whether I have schengen visa as I am an non-Eu and stamped on the visa sticker with arrival date. So I assume no visa - no entry.

dsab85
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Post by dsab85 » Tue Aug 14, 2007 12:33 pm

I think it depends which Schengen Country you go to. Some countries are changing the requirements for spouses of EU citizens.

I know for example that spouses of EU citizens who are legally residing in Ireland, and have the Stamp 4 Residency (Spouse of a EU citizen) do not need a visa to enter germany.

http://www.dublin.diplo.de/Vertretung/d ... =Daten.pdf

[quote]If you are married to an EU-citizen but NOT to a German citizen and your Garda Card is a “4EUFamâ€

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Aug 14, 2007 5:08 pm

eliasuk4u wrote:The official checked whether I have schengen visa as I am an non-Eu and stamped on the visa sticker with arrival date. So I assume no visa - no entry.
This is probably true if you are not travelling with your EU family member.

If you are travelling with your EU family member, then EU border guards do not have the option of “no visa – no entryâ€

mym
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Post by mym » Wed Aug 15, 2007 4:28 pm

dsab85 wrote:I think it depends which Schengen Country you go to. Some countries are changing the requirements for spouses of EU citizens.
No, the rights of EU citizens and their spouses are universal and general (apart from Civil Partners, in some cases).

As usual, everyone should read this: http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf
--
Mark Y-M
London

mym
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Post by mym » Wed Aug 15, 2007 4:33 pm

Directive/2004/38/EC wrote:
eliasuk4u wrote:The official checked whether I have schengen visa as I am an non-Eu and stamped on the visa sticker with arrival date. So I assume no visa - no entry.
This is probably true if you are not travelling with your EU family member.
The Barroso guide says "Your family members cannot be automatically turned back at the borders if they do not have a valid passport or, if required, an entry visa, when they are able to prove by any other means that they are covered by the right of free movement and residence by establishing their identity and family ties with you." that seems to apply both when they are "with" or "travelling to join" the EU citizen.
--
Mark Y-M
London

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