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Schengen visa on the spot

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tsotsi
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Schengen visa on the spot

Post by tsotsi » Sun Dec 01, 2019 12:18 am

Hi All,

Has anyone managed to obtain a schengen visa on the spot, at the border. I've booked flight tickets and now can't get an appointment at the embassy before the travel dates and I was just wondering if anyone had a similar experience.

I'm a Biritish citizen, traveling with my non-eu wife and 2 kids (both british), going to germany for 10 days. Wife's residence permit states "spouse/partner leave to remain"

I understand she will need a schengen visa but is it possible to get the visa when we get to germany if we take all the required documents with us ie. marriage certificate etc.

The europa.eu websites state:
Arriving at the border without an entry visa
It is always best for your non-EU family members to be well-informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border with their passport but without an entry visa, the border authorities should give them the opportunity to prove by other means that they are family members of a mobile EU citizen. They can do so by providing proof of their identity and family ties with an EU citizen and, if travelling alone, proof that the EU citizen is already living in the host country. If they manage to prove it, they should be issued with an entry visa on the spot.
Your help is much appreciated.

ibwe
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Re: Schengen visa on the spot

Post by ibwe » Sun Dec 01, 2019 7:03 am

Hi,

Theoretically, it is possible though I (based on my observations) have yet to meet or hear someone who did it. Most Schengen states advise that one should have a visa if needed to do so. However, for the EEA/EU family members there is a room to wiggle. You should prepare yourself with a lot of discussions and documents. You may also waste a lot of time if the border officers are not well versed in this particular way of entry into Schengen zone. This might be due to very few cases like these. It can be done, just that you will need to state your case clearly and show them the directive regarding to the free movement of EU citizens and their family members.

I would advise to get a visa from other Schengen member state consulates if you can't get it through French consulate due to appointment unavailability.

secret.simon
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Re: Schengen visa on the spot

Post by secret.simon » Sun Dec 01, 2019 9:49 am

tsotsi wrote:
Sun Dec 01, 2019 12:18 am
I've booked flight tickets
The problem is that most airlines (especially budget airlines) are not aware of the details of EU regulations regarding freedom of movement and may refuse to let your flight to board the flight, given that they are normally fined heavily if they transport people who are subsequently refused by border authorities. Remember that the border authorities will be at the other end of the flight.

The only examples that have been successful on these forums have been where non-EEA family members have traveled with their EEA citizen family members via Eurostar or via ferry, as in those circumstances, you interact with the French PAF (immigration police) while still in the UK. Only if they stamp you through can you get onto the ferry/Eurostar.
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.

ibwe
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Re: Schengen visa on the spot

Post by ibwe » Sun Dec 01, 2019 10:24 am

secret.simon wrote:
Sun Dec 01, 2019 9:49 am
tsotsi wrote:
Sun Dec 01, 2019 12:18 am
I've booked flight tickets
The problem is that most airlines (especially budget airlines) are not aware of the details of EU regulations regarding freedom of movement and may refuse to let your flight to board the flight, given that they are normally fined heavily if they transport people who are subsequently refused by border authorities. Remember that the border authorities will be at the other end of the flight.

The only examples that have been successful on these forums have been where non-EEA family members have traveled with their EEA citizen family members via Eurostar or via ferry, as in those circumstances, you interact with the French PAF (immigration police) while still in the UK. Only if they stamp you through can you get onto the ferry/Eurostar.
I did not notice that the OP already had a booked ticket.

As my previous advice indicated, OP spouse should seek a visa. I suggest to choose other Schengen member states that do not have high volume of applications and have highest rate of positive outcome, for example Slovak Republic, Latvia, or Czech Republic. You will however 'state' that your first entry or the longest stay will be in the said member state.

tsotsi
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Posts: 4
Joined: Mon Mar 20, 2017 3:31 pm

Re: Schengen visa on the spot

Post by tsotsi » Sun Dec 01, 2019 10:38 am

Thanks for you advice guys.

Would the other state member require us to give flight details etc when applying for my wife. Also, will I have any problems travelling to Germany as the first country of entry with a schengen visa granted by another EU state?

Many thanks

ibwe
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Re: Schengen visa on the spot

Post by ibwe » Mon Dec 02, 2019 11:52 am

Family members of EEA/EU citizens are not required to show their plane tickets. You can check here as a reference. Scroll down to "Conditions for granting a visa to family members of an EEA nationals who do not hold the above mentioned residence permits"

Entry in the Schengen area with another member state visa is okay regardless whether is was a first entry or not. I had a French Schengen visa and I used it in France for the first time after two years of using it in other member states.

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