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EU Directive (free movement of persons) & Schengen visa

Immigration to European countries, don't post UK or Ireland related topics!

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p0k3r
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EU Directive (free movement of persons) & Schengen visa

Post by p0k3r » Mon Jan 07, 2008 3:34 pm

Greetings,

Thought I would share my recent experience with you all. I am a non-EEA citizen with a residence permit (endorsed on passport) issued in the UK. I recently travelled to Milan with my unmarried EU partner on holiday - short visit. No problems at all - they simply stamped my passport on entry - and again on exit. I believe they scanned the bar code etc on the endorsedment before putting the stamp on. This made me wonder what it revealed, that they did not even bother to ask me any questions that they naturally should/could/would have! They did not even ask me if I was travelling with my partner.

We are planning another trip n the near future; this time to visit other Schengen countries on holiday. However, on reading many of the posts on this board it made me wonder why some non-EEA family members of EU members (with residence permits) were applying for Schengen visas in the first place!

Given that if one particular Schengen state, in this instance Italy, allowed non-EEA family members entry without the requirement of a Schengen Visa, could it then be argued that the other Schengen states should also to do so without a SV?

I ask because, if ever in future, I travel to other Schengen states and would encounter any sort of problem on entry, I could simply show the immigration officer stamps on my passport which prove that another Schengen state allowed me entry based on my UK issued residence permit - and could insist that they too were obliged to do the same.

I also feel that it would beat the point of the EU Directive if non-EEA FMoEU citizens went and applied for a SV if they were already in possession of a valid residence permit - which actually in effect - acts as a short-term visa for under 3 months.

Anyone care to share their experience or thoughts on this subject?

Kind regards

Fairtrade
Member
Posts: 131
Joined: Thu Apr 19, 2007 11:37 pm
Location: UK

Post by Fairtrade » Mon Jan 07, 2008 9:17 pm

I was thinking the same thing. Why are people still applying for schengen visas if they are travelling with their EU spouses and have all the supporting documents to proof it?

If Directive 2004/38/EC states that spouses of EU citizens don't need visas when travelling with their spouses why are there still problems at border control? Why do we still allow the EU to treat EU spouses like sh**?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jan 08, 2008 5:01 am

People are intimidated by border formalities. They do not know what their rights are or exercise them.

The German border police who I talked with were clear that the non-EU family member of an EU citizen did not need a visa as long as they are carrying our marriage certificate and were travelling together.

BUT, the German embassy visa section insists that a visa is required. (Remember their performance is likely measured by how many visas they issue)

p0k3r, do you have a UK issued Residence Card, which was issued to you on the basis of your relationship with the EU citizen?

dsab85
Member
Posts: 224
Joined: Tue Oct 24, 2006 10:44 am

Post by dsab85 » Tue Jan 08, 2008 7:53 am

I am aware that my wife wouldn't need a Visa ... in theory. But we still applied for a (free) multiple entry Visa from my home countries embassy. As we got issued with a 1 year visa that will do for a while.

When I go on vacation the last thing I wanna do is to risk any discussions with some "not so knowledgeable" Immigration officer, or even worse refusal of entry or deportation for my wife.

In some of the recent posts here it has clearly been stated that some people had immense problems in some countries (e.g deportation of wife from Spain without visa) etc.

As long as I am aware that the majority of countries doesn't fully comply with the current EU regulations I just won't take the risk.

BTW... IMO it's also much easier having a Visa in your passport then carrying my marriage certificate with me wherever I go.

flyboy
Member of Standing
Posts: 255
Joined: Sun Jan 21, 2007 12:32 pm
Location: Geneva / Lausanne,CH
Switzerland

Post by flyboy » Tue Jan 08, 2008 10:13 am

p0k3r what's your nationality?

Dawie
Diamond Member
Posts: 1699
Joined: Mon Jan 16, 2006 1:54 pm
Location: Down the corridor, two doors to the left

Re: EU Directive (free movement of persons) & Schengen v

Post by Dawie » Tue Jan 08, 2008 10:57 am

p0k3r wrote:Greetings,

Thought I would share my recent experience with you all. I am a non-EEA citizen with a residence permit (endorsed on passport) issued in the UK. I recently travelled to Milan with my unmarried EU partner on holiday - short visit. No problems at all - they simply stamped my passport on entry - and again on exit. I believe they scanned the bar code etc on the endorsedment before putting the stamp on. This made me wonder what it revealed, that they did not even bother to ask me any questions that they naturally should/could/would have! They did not even ask me if I was travelling with my partner.

We are planning another trip n the near future; this time to visit other Schengen countries on holiday. However, on reading many of the posts on this board it made me wonder why some non-EEA family members of EU members (with residence permits) were applying for Schengen visas in the first place!

Given that if one particular Schengen state, in this instance Italy, allowed non-EEA family members entry without the requirement of a Schengen Visa, could it then be argued that the other Schengen states should also to do so without a SV?

I ask because, if ever in future, I travel to other Schengen states and would encounter any sort of problem on entry, I could simply show the immigration officer stamps on my passport which prove that another Schengen state allowed me entry based on my UK issued residence permit - and could insist that they too were obliged to do the same.

I also feel that it would beat the point of the EU Directive if non-EEA FMoEU citizens went and applied for a SV if they were already in possession of a valid residence permit - which actually in effect - acts as a short-term visa for under 3 months.

Anyone care to share their experience or thoughts on this subject?

Kind regards
You don't mention what your nationality is. Until we know this your post doesn't mean a thing!
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

mym
Member of Standing
Posts: 353
Joined: Mon May 28, 2007 11:44 am
Location: London

Post by mym » Fri Jan 11, 2008 2:49 pm

Fairtrade wrote:I was thinking the same thing. Why are people still applying for schengen visas if they are travelling with their EU spouses and have all the supporting documents to proof it?
For some of us it is because there are countries in the EU that don't recognise our partners as spouses.
--
Mark Y-M
London

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