Schengen visa with 5-year Residence Card on the basic of ex-husband who was EU national

Hello,

Please can anyone help me out? I've been searching all possible corners but so far no luck.

I am Vietnamese national (holding Vietnamese passport) but have been living in the UK since 2014. I got married and divorced with my then husband who was a French (but we were both UK citizens). After the divorce I applied for my Retained Right to Remain and received my new 5 year Residence Card in December 2019.

In December 2020, I re-married to a Polish national in London. We are both currently UK citizens. My husband and I are planning to visit his family in Poland this summer and now I am confused what kind of visa I need to apply for.

I am aware that as long as I hold the 5 Year residence card and travel with my husband I am allowed to enter Schengen countries with visa, however, my current Residence Card is based on my marriage with my ex-husband, not the current one. So is it still okay to include this in the application?

Thanks so much for your help in advance!

British citizens are "visa-free" nationals in most of Europe so you don't need a visa as long as you stay less than 90 days in any 180 day period.

https://www.gov.uk/foreign-travel-advic ... quirements

Hi, thanks for your reply. I am so sorry I made a terrible mistake on my first post. We both are British residents (not citizens)

It was "visa-free" before Brexit. Since 1st Jan 2021 the law has been changed and now non-European family member has to apply for visa in order to travel to Europe (even if travelling with European spouse). I actually just got this info confirmed today with the Embassy of Poland.

But you say you are a British citizen? Or do I misunderstand?

British citizens don't need a visa for Poland, to visit.

jackiepham wrote: ↑

Wed Mar 24, 2021 8:21 pm

I am Vietnamese national (holding Vietnamese passport) but have been living in the UK since 2014. I got married and divorced with my then husband who was a French (but we were both UK citizens).

We are both currently UK citizens.

I think you mean that you are UK residents. UK citizen would mean that you naturalised as British.

If you are still only a Vietnamese national, you will have to apply for a Schengen visa, especially since you want to go to Poland, where EU freedom of movement rules don't apply to your husband and his family members.

Yes, I am aware that I will have to apply for Schengen visa. On the list of documents required, a valid passport with a residence permit in UK is listed. What I am concerned rn is my current residence permit is on the basis of my first marriage with my ex-husband while I will be travelling with my now husband. Will it affect my application if I apply under an European's family member category?

jackiepham wrote: ↑

Wed Mar 24, 2021 10:26 pm

Yes, I am aware that I will have to apply for Schengen visa. On the list of documents required, a valid passport with a residence permit in UK is listed. What I am concerned rn is my current residence permit is on the basis of my first marriage with my ex-husband while I will be travelling with my now husband. Will it affect my application if I apply under an European's family member category?

If you have a residence card (is this EU rules or have you changed the card to EU Settlement Scheme, yet? If not, you need to do that ASAP, as the EU cards will lose validity in a few months) under retained right of residence, then it's no longer depending on your first marriage.

I don't think you can apply under European family member when applying for a Schengen visa at the Polish Embassy, since your husband is Polish. You won't be able to apply under Surinder Singh since you are no longer living in an EU member state.

As far as I know, you will have to apply for a regular Schengen visa, with a complete set of documents and paying the respective fee.

Thank you for your reply.

I have applied for my pre-settlement scheme and been waiting for the final result. Pre-settlement due to the nature of my previous marriage (it lasted under 5 years).

So you mean with my current Residence Card, even when it's converted to Pre-settlement status, I won't be able to apply under EU Family Member category?

I have found this link and from there I understand that as long as I'll travel with my Polish husband, I can apply for visa as a family member of an European. https://europa.eu/youreurope/citizens/t ... ard-doc-no

There are required documents:
Visa application - supporting documents

Your non-EU family member must include the following documents with their visa application:

a valid passport – to prove their identity and nationality
a document proving family ties with the EU citizen (e.g. marriage certificate, birth certificate etc.) and dependency (if required)
proof that the EU citizen is already living in the host country (if they are joining them)
a declaration that the couple will travel together (if the family member will be accompanying the EU citizen)

Please let me know if I understand it wrong. Thank you!

jackiepham wrote: ↑

Thu Mar 25, 2021 9:05 am

I have found this link and from there I understand that as long as I'll travel with my Polish husband, I can apply for visa as a family member of an European. https://europa.eu/youreurope/citizens/t ... ard-doc-no

There are required documents:
Visa application - supporting documents

Your non-EU family member must include the following documents with their visa application:

a valid passport – to prove their identity and nationality
a document proving family ties with the EU citizen (e.g. marriage certificate, birth certificate etc.) and dependency (if required)
proof that the EU citizen is already living in the host country (if they are joining them)
a declaration that the couple will travel together (if the family member will be accompanying the EU citizen)

Please let me know if I understand it wrong. Thank you!

Scroll down a bit in the link you provided:

"If you live outside the EU and your non-EU family members accompany you or travel to the EU country of your nationality, EU cross-border rules do not necessarily apply and your non-EU family members might be charged visa fees."

Hi everyone,

I've been exchanging emails back and forth with the Embassy of Poland and so far their conclusion is that I can apply for my visa under European's Family Memeber category. However before applying I need to inform with Home Office about my current marriage status, which I find very confusing.

Anyone here can help me out please? On the email they dropped me only one line saying "You need to update your details with the Home Office first, then apply for a visa." Where can I go and update my details?

Thanks so much for your help in advance!
Jackie

To be exact, what they said is "You need to update your details with the Home Office first, then apply for a visa." which I assumed it's about my current marriage. Am I correct?

Previously they asked if my name was changed after the marriage but I already told them that I never change my surname.

Hi everyone,

I've been longing for my visa outcome and I've got it today. 90 days with multiple entries!

There was nothing to worry about. Just submitted my current Residence Card and my Marriage Cert. together with the application. Things were seamless and straight forward.

Hopefully anyone experiencing same situation would not be distressed like I was (yeah turned out distress for nothing LOL)

Best,