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Can i travel alone?

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

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MYSPACE
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Can i travel alone?

Post by MYSPACE » Mon Jul 06, 2009 8:36 pm

I apply for netherland visa as spouse of EU citizen...i was planing 2 travel wit my wife, i know i dont need visa if travelling wit my wife but i hate all the immigration questions at the point of entry....2 avoid all the problems.

Now my wife can not make the trip due 2 change of work schedule..Can i travel alone wit this visa? have already told the embassy that am travelling wit my wife. any problem if i travel alone?

Obie
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Ireland

Post by Obie » Mon Jul 06, 2009 8:44 pm

What country are you from?

What Resident permit do you have ? Is it under EU LAw Directive 2004/38c or national law?

Prawo
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Post by Prawo » Tue Jul 07, 2009 4:53 am

If you are from a country whose citizens need a Schengenvisa, you will still need a visa. Also when travelling with your partner. However it should be issued free of charge.

Should you travel with your partner without a visa and show only your marriage certificate than you can face inconveniences at borders. Sometimes you will even need a lawyer to get in, so it's better to supply yourself with the visa.

Only if you are issued a residence card as a family member of an EU citizen you can travel without a visa, even without your partner.
In this case you will not be bothered at the border.



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JA13I
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Post by JA13I » Tue Jul 07, 2009 9:38 am

Only if you are issued a residence card as a family member of an EU citizen you can travel without a visa, even without your partner.
In this case you will not be bothered at the border.
Prawo, I do not think that info is entirely accurate! According to this link it is clear that non-EEA family members needs to obtain a visa beforehand if the EEA family member is not travelling with the non-EEA family member.
Jabi

Obie
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Post by Obie » Tue Jul 07, 2009 9:45 am

JA13I wrote:
Only if you are issued a residence card as a family member of an EU citizen you can travel without a visa, even without your partner.
In this case you will not be bothered at the border.
Prawo, I do not think that info is entirely accurate! According to this link it is clear that non-EEA family members needs to obtain a visa beforehand if the EEA family member is not travelling with the non-EEA family member.
Some countries like Netherlands , Sweden, Poland & Latvia, allows holders of EU resident card issued under directive 2004/38EC to travel independently, and others don't.

The directive does not say these family members cannot travel independently, it is the member states that impose these illegal laws.

In any case if you resident card is issued in the schengen area you can travel to other areas within these zone freely without any hassle.

Therefore i think Prawo is technically right.

You have to be aware that the UK and Ireland are exception rather than norm of the rules

JA13I
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Post by JA13I » Tue Jul 07, 2009 11:08 am

Obie, While some countries like Denmark explicitly mention that the EEA national need not travel with the non-EEA family member, countries like Sweden have been more ambiguous with the information.

But, with countries like Netherlands, Poland etc having been explicit with the requirement that the EEA national do accompany them, I suspect that a word to word interpretation by an IO might see the unsuspecting non-EEA family member being send on a early trip back to the UK from a vacation.

I do agree that the requirement for the EEA family member to be accompanying them is a mis-interpretation by fellow EU Member states, but best of luck arguing that with an IO staring at his national interpretation torn between a EU directive he has no clue about and a national interpretation he has some clue about.

I have a feeling that I have a sneeky idea about which option of the 2 he will eventually chose!
Jabi

86ti
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Post by 86ti » Tue Jul 07, 2009 11:29 am

JA13I wrote:But, with countries like Netherlands, Poland etc having been explicit with the requirement that the EEA national do accompany them,
Well, the question is where did you get this information from? The foreign ministry (emabssy) may have a different opinion than he ministry of interior (border police). There is also the well known fact that embassies in London give completely different information from the Dublin embassy. So who to believe? I hope Prawo can clarify the situation regarding the Netherlands.

JA13I
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Post by JA13I » Tue Jul 07, 2009 12:16 pm

Well, the question is where did you get this information from?
The source of my information is provided in the link in my previous post and admittedly does not have to be the one that the IO has from the 'Ministry of Interior' or the Dutch Equivalent.

Outrageously talented as I am, browsing in Dutch still hasnt yet been added into my arsenal of skills! :wink:
Jabi

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