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Visa at the LAND border for EU family member

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solamente
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Portugal

Visa at the LAND border for EU family member

Post by solamente » Thu Jan 10, 2019 2:56 pm

Let's say I'm in an emergency and would like to use my right as EU citizen (Portugal) to cross the external LAND border of Schengen with my non-EU husband (let's say in Ceuta - Spanish enclave in Morocco or between Turkey and Greece).
In theory, my husband should be issued a Schengen visa on the spot (he's traveling with his EU spouse using the right of free movement). How can it be in practice? Is it worth trying?
Is he given a normal 90 days Schengen visa or the one issues on the spot (15 days)?

secret.simon
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Re: Visa at the LAND border for EU family member

Post by secret.simon » Thu Jan 10, 2019 5:57 pm

Not speaking from experience, but I think that that will depend on the specific land border being crossed.

While the EU directive applies across the EU, the border agents are, at the end of the day, applying national laws into which EU laws are transposed and they are civil servants of the specific EU member-state. Therefore, crossing into different member-states, your mileage will likely vary.
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.

Caravel88
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Spain

Re: Visa at the LAND border for EU family member

Post by Caravel88 » Thu Jan 10, 2019 6:47 pm

You will be kept at the border for many hours while they do their checks and your visa will be valid least amount of time possible. They can also refuse you and turn you around. You will also be asked and probably required to prove why you haven't gotten a visa in advance. Border agents are not stupid.

There is no such thing as a "normal 90 day Schengen visa" nor a "on the spot 15 day" visa.
For family members of EU nationals validity is irrelevant.

On the forum we do not have any members who have shared experiences getting visas issued at the border under Directive 2004/38/EC.
solamente wrote:
Thu Jan 10, 2019 2:56 pm
Let's say I'm in an emergency and would like to use my right as EU citizen (Portugal) to cross the external LAND border of Schengen with my non-EU husband (let's say in Ceuta - Spanish enclave in Morocco or between Turkey and Greece).
In theory, my husband should be issued a Schengen visa on the spot (he's traveling with his EU spouse using the right of free movement). How can it be in practice? Is it worth trying?
Is he given a normal 90 days Schengen visa or the one issues on the spot (15 days)?

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