Visa to other EU countries for non-EU citizen who is married to EU citizen both living in UK.

Hello first time posting here, I've tried to look for an answer on the site an everywhere but didn't find anything useful for this matter.

I'm an EU citizen my wife is a non-EU citizen we both live in the UK, she has visa because she is married she is a family member of an EU citizen, she applied and got the pre- settled status and has a residence card so she can work. The only issue is the card doesn't state that she is a family member of me, just the type of permit (EU scheme) and remarks ( work permited, leave to remain), I know she doesn't need visa to visit other European countries as long as she travels with me and we have friends who visited other countries with the same visa no problem but they had a residence card that said family member of, I don't know why she got this card there was no option when we applied.

We booked a holiday going back to my home country Hungary and she got denied boarding for the fact the residence card doesn't state she is my partner they asked for any official paper supporting that we are married but we only had papers from other country where we registered the marriage which they didn't not accept. I tried to explain the reason she got the card and she has a visa to the UK is because she is married to me, but they said she would get denied entry at the Hungarian airport after landing,they tried to contact the airport to know before flight if she would get entry but they said they couldn't get a hold of anyone who can speak English.....

I've asked the EU settlement scheme program in email about this if she can have another card that states she is my partner they said they cannot redo it for some reason.
There was no option for this when we applied for the residence card, and obviously we don't want to apply for a visa everytime we would visit an EU country for holiday it's incredible inconvenient.

Has anybody had a problem like this? Is there a way to get a card that states she is a family member of an EU citizen?

Thanks

Hello

There were right. She needs a visa unless she has card written on it "Family Member of a Union Citizen"



The cards issued in the Settlement Scheme don't bear these words and don't allow visa free travel to Europe.

AdamSZ wrote: ↑

Fri Jan 24, 2020 12:55 pm

Has anybody had a problem like this?

This is a very well known drawback of only having the EU Settlement Scheme as opposed to the EEA Residence Card. You will find many posts in this forum highlighting the difference between the two.

I believe that you, as many other people, are confused by the fact that there are currently two independent and concurrent alternatives for documentation for non-EU family members of EU citizens living in the UK. I believe many people think the two routes are one and the same, but that belief is incorrect. They are sill two separate routes, each still valid, and each with its pros and cons.

For the comedy value, read this post, where a member of this forum made a complete foul of himself by pretending he knew better than a senior member, because of ignorance regarding the two separate routes.

Is there a way to get a card that states she is a family member of an EU citizen?

Yes there is. Apply to the EEA RC while you can. It will only be valid for 2020, but at least that's 11 months of visa-free travel.
All informaiton here: https://www.gov.uk/apply-for-a-uk-residence-card

Thanks you for the answers, honestly I have no idea how I missed this cruical information as I made a lot of research when we applied for visa that there are separate ways. I'm sure I will be able to solve this problem now thanks for the help again. We will apply for the eea card not sure what happens then if she would have two separate cards, anyway at least I didn't make a foul out myself and look ignorant, especially to people who know better and just try to help.

Hi,
It will take up to 6 months to get a card. Is it worth it?

NatCam wrote: ↑

Sat Jan 25, 2020 7:09 am

Hi,
It will take up to 6 months to get a card. Is it worth it?

That's the maximum legal time the HO has to make a decision, not the current waiting time. On average it can be anything between three weeks and two months. Check the latest timelines here.

kamoe wrote: ↑

Sat Jan 25, 2020 11:24 am

NatCam wrote: ↑

Sat Jan 25, 2020 7:09 am

Hi,
It will take up to 6 months to get a card. Is it worth it?

That's the maximum legal time the HO has to make a decision, not the current waiting time. On average it can be anything between three weeks and two months. Check the latest timelines here.

Over last 3-4 months that I'm checking the timeline, most of the people were getting the decision after 3 months from their bio submission (3.5-4 months after application), so well... not 6, of course, but there was just one person in June on this website, who got the whole process finalised in 5 weeks.

As we don't know how long will the EEA RC allow visa free travel to EU countries after Brexit, it may be not worth the hassle. I mean this right of no-visa entrance is also subject to conditions (EU spouse next to you) AND being insecure if airline does difficult.

I did apply for EEA RC, but now I'm thinking that I might have complicated things for myself: embassies seem to be reluctant to issue visas as they think you don't need visa as you have the EU RC. But the idea of me standing at the check in at the beginning of my holidays and educating some ground personnel in EU regulations, sounds like a source of potential stress. I know myself, I'll be freaking out a week before that travel.

AdamSZ wrote: ↑

Fri Jan 24, 2020 4:01 pm

Thanks you for the answers, honestly I have no idea how I missed this cruical information as I made a lot of research when we applied for visa that there are separate ways. I'm sure I will be able to solve this problem now thanks for the help again. We will apply for the eea card not sure what happens then if she would have two separate cards, anyway at least I didn't make a foul out myself and look ignorant, especially to people who know better and just try to help.

On top of what I said above, if your country can issue multi-entry visa for 1-2 years, I would probably go with this solution.

The problem I experience now, as non-EU who requires visa to Schengen and who (hopefully) will get EEA RC soon from UK: it seems almost impossible to get multi-entry Schengen visas in UK.

My husband is Dutch and seems like NL embassy will only issue me one-off visa for exact travel dates. Same for a couple of other Schengen countries that I tried calling.

In Russia, where I'm originally from, you can book holidays - say - in Greece and most of the times you get 2-3 years' visa. Same for Spain, France, Finland, Baltic countries, Italy, most of the times Germany. This seem to be close to impossible in London.

iwolga wrote: ↑

Sat Jan 25, 2020 3:14 pm

As we don't know how long will the EEA RC allow visa free travel to EU countries after Brexit

I'm assuming this is until 31st December 2020, since the cards are valid until then, and since they say "Family of EU national". Brexit date of 31st January is only the beginning of the transition period, and EU law will still apply from then until the end of the transition period, 31st December 2020.
In other words, from 1st February 2020 to 31st December 2020 we are no longer members of the club, but still abide by the rules.

it may be not worth the hassle.

I agree. Just to be clear, my first comment here is simply answering the very specific questions of the OP, that there is a way to get a EU-issued card, and also that it does not take 6 months. Not intending to tell anyone what they should do. That will depend on each person's individual circumstances.

iwolga wrote: ↑

Sat Jan 25, 2020 3:23 pm

On top of what I said above, if your country can issue multi-entry visa for 1-2 years, I would probably go with this solution.

The problem I experience now, as non-EU who requires visa to Schengen and who (hopefully) will get EEA RC soon from UK: it seems almost impossible to get multi-entry Schengen visas in UK.

My husband is Dutch and seems like NL embassy will only issue me one-off visa for exact travel dates. Same for a couple of other Schengen countries that I tried calling.

In Russia, where I'm originally from, you can book holidays - say - in Greece and most of the times you get 2-3 years' visa. Same for Spain, France, Finland, Baltic countries, Italy, most of the times Germany. This seem to be close to impossible in London.

In my 6 years of experience as a Schengen visa required national I observed I used to only get one-entry, 2-3 days' visas from Germany, Italy, Spain, and France. Once I even got a 1-week visa from Italy, at the same time my Indian friend got a 6-month one, when going to the same event, staying at the same accommodation, and presenting the same letter from our university. Then I realized I never had more than a couple hundred pounds on the bank, which is something that probably was not her case.

When my finances started to stabilize and I could show a more healthy balance in my bank, France started to issue me 6-month visas.

Another very wealthy friend got a 1-year visa from France once. She said it was a hassle, and was required tons of supplementary evidence (never specified what), but she got it.

So I think... London-wise, it's all about money.

I'm assuming this is until 31st December 2020, since the cards are valid until then, and since they say "Family of EU national".

I believe it is more likely to be 30/06/2021 as deal Brexit has higher probability at this point of time. This is the date gov.uk name as the date till which EU citizens’ rights will not be affected in the scenario of Brexit with a deal.

iwolga wrote: ↑

Sat Jan 25, 2020 4:54 pm

I'm assuming this is until 31st December 2020, since the cards are valid until then, and since they say "Family of EU national".

I believe it is more likely to be 30/06/2021 as deal Brexit has higher probability at this point of time. This is the date gov.uk name as the date till which EU citizens’ rights will not be affected in the scenario of Brexit with a deal.

Note that, contrary to the information regarding application deadlines and cut-off date to moving to the UK for EU citizens not already here, for the Settlement Scheme, where clear deal or no-deal information has always been available; the only text that has always consistently been available regarding the validity of existing EEA RC cards is that all cards will be valid until December 2020, which is the set date for the end of the transition period. This leads me to believe that December 2020 will apply with either outcome, deal or no deal.

kamoe wrote: ↑

Sun Jan 26, 2020 3:32 pm

iwolga wrote: ↑

Sat Jan 25, 2020 4:54 pm

I'm assuming this is until 31st December 2020, since the cards are valid until then, and since they say "Family of EU national".

I believe it is more likely to be 30/06/2021 as deal Brexit has higher probability at this point of time. This is the date gov.uk name as the date till which EU citizens’ rights will not be affected in the scenario of Brexit with a deal.

Note that, contrary to the information regarding application deadlines and cut-off date to moving to the UK for EU citizens not already here, for the Settlement Scheme, where clear deal or no-deal information has always been available; the only text that has always consistently been available regarding the validity of existing EEA RC cards is that all cards will be valid until December 2020, which is the set date for the end of the transition period. This leads me to believe that December 2020 will apply with either outcome, deal or no deal.

Thank you for your point. Now that I checked a bit more gov.uk website, I believe I was oversimplifying things (I guess that was a bit naive of me). There are 2 parts of "deadline statements:

https://www.gov.uk/residence-documents- ... tionals-uk

If you’re the family member of an EU, EEA or Swiss citizen
You’ll usually need to apply to the EU Settlement Scheme to continue living here after 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal. You’ll get either settled or pre-settled status if your application is successful.

If you’re a close family member, you have the right to reside without a document until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.

However, on this page it says twice that the card will no longer be valid after 31/12/2020 (as you, kamoe, is saying).
https://www.gov.uk/apply-for-a-uk-residence-card

So to sum it up, in case of deal Brexit, my card will not be valid after 31/12/2020, but I can still apply for EUSS till 30/06/2021 and - as a direct family member - can basically live in UK without card till 30/06/2021.

At the same time, rights of EU citizens (and I assume my presence in UK as EEA citizen spouse is part of that rights) will not be affected till 30/06/2021 (Deal Brexit).

Well, good that I personally have a degree and a qualification. If someone ever tells me that the above is easy to understand, I'm going to laugh out loud)))

iwolga wrote: ↑

Sun Jan 26, 2020 4:28 pm

So to sum it up, in case of deal Brexit, my card will not be valid after 31/12/2020, but I can still apply for EU Settlement Scheme till 30/06/2021 and - as a direct family member - can basically live in UK without card till 30/06/2021.

That is my understanding, yes. The tricky part is, it is up to each individual to interpret what this information means for their individual circumstances. If you are married to a EEA national, and you do not plan on traveling abroad, move houses, change jobs (in sum, anything that requires you to prove your right to live and work in the UK), at all between December 2020 and June 2021, then indeed you can just live without a card. But, for example, if you are an extended family member, your right is not automatic, you need a card at all times. Or if you are in the midst of changing jobs, or houses, or travelling abroad, then chances are your life will be more complicated without a card. This is not spelled out anywhere.

At the same time, rights of EU citizens (and I assume my presence in UK as EEA citizen spouse is part of that rights) will not be affected till 30/06/2021 (Deal Brexit).

As many members of this forum have painfully found out, having a right and proving that right are two very different things. Hence why rule of thumb is to not rely on any automatic rights and always have a valid physical card to show up for it.

Well, good that I personally have a degree and a qualification. If someone ever tells me that the above is easy to understand, I'm going to laugh out loud)))

I hear you.

Hi
You mentioned that "I know she doesn't need visa to visit other European countries as long as she travels with me".
Is this really the case? I am kind of in the same predicament and looking for som answers when came across this thread.

iwolga wrote: ↑

Sat Jan 25, 2020 3:23 pm

AdamSZ wrote: ↑

Fri Jan 24, 2020 4:01 pm

Thanks you for the answers, honestly I have no idea how I missed this cruical information as I made a lot of research when we applied for visa that there are separate ways. I'm sure I will be able to solve this problem now thanks for the help again. We will apply for the eea card not sure what happens then if she would have two separate cards, anyway at least I didn't make a foul out myself and look ignorant, especially to people who know better and just try to help.

On top of what I said above, if your country can issue multi-entry visa for 1-2 years, I would probably go with this solution.

The problem I experience now, as non-EU who requires visa to Schengen and who (hopefully) will get EEA RC soon from UK: it seems almost impossible to get multi-entry Schengen visas in UK.

My husband is Dutch and seems like NL embassy will only issue me one-off visa for exact travel dates. Same for a couple of other Schengen countries that I tried calling.

In Russia, where I'm originally from, you can book holidays - say - in Greece and most of the times you get 2-3 years' visa. Same for Spain, France, Finland, Baltic countries, Italy, most of the times Germany. This seem to be close to impossible in London.

This is interesting to hear because I have not yet encountered a single person who applied for a Schengen in London and got it for less than 6 months. Different countries, different circumstances (visit, tourism, business trips).

Having said this, you should always write a cover letter. My then Dutch boyfriend (now husband) and I wrote a nice cover letter twice to the Embassy of the Netherlands when I applied for a visa and I got a multi visa for a year both times. Frankly, I was rather upset as most friends of mine living in London got a longer-term one, but reading you it seems like my case wasn't bad at all.

Nice cover letter explaining the planned trips to the country and showing your previous travel history should do the job.