Travel to Schengen, without visa, for EEA-family members

EUsmileWEallsmile wrote:

flashware wrote: Ah, in which case I should be fine then? Speaking of which, my wife's passport arrived yesterday in her new name, so I assume easier to carry that, our wedding cert and a printout of the directive.

As long as you can demonstrate that you are the family member of an EU national exercising treaty rights in the UK (worker, student, self-sufficient), you will be admitted to the UK under the regulations. I would have said, marriage certificate, copy of wife's passport, evidence that she is a worker, etc, but use your own judgement as to what to bring.

Excellent, many thanks! That takes a lot of stress off my mind as I may have quite a few trips to do over the next 5 weeks.

Good point, I shall bring some of her payslips also.

Hi everybody, have read the thread with interest.

It seems that most problems are about airline check-in staff who don't know the law.

We want to travel by car to Portugal using the Dover Calais ferry. French immigration is on the Dover side, prior to embarkation.

As this is such a busy route, I would assume that they know their stuff.

Does anybody have any experience of driving to France through Dover?

I am UK man with Non EU wife, she has UK normal residence card.

Cheers

funkyronster wrote:Hi everybody, have read the thread with interest.

It seems that most problems are about airline check-in staff who don't know the law.

We want to travel by car to Portugal using the Dover Calais ferry. French immigration is on the Dover side, prior to embarkation.

As this is such a busy route, I would assume that they know their stuff.

Does anybody have any experience of driving to France through Dover?

I am UK man with Non EU wife, she has UK normal residence card.

Cheers

Please post once only.
http://www.immigrationboards.com/viewtopic.php?t=113911

EUsmileWEallsmile wrote:

flashware wrote: Looks like I won't need a visa due to holding an Australian passport.

Correct.

E-mailed the UKBA on Saturday asking for an update on my application, just received a call saying that it was posted out on Sep 21 so should arrive any day now!

flashware wrote:

EUsmileWEallsmile wrote:

flashware wrote: Looks like I won't need a visa due to holding an Australian passport.

Correct.

E-mailed the UKBA on Saturday asking for an update on my application, just received a call saying that it was posted out on Sep 21 so should arrive any day now!

Flashware, where did you sent an email to?

kamransh wrote:

flashware wrote:

EUsmileWEallsmile wrote:

flashware wrote: Looks like I won't need a visa due to holding an Australian passport.

Correct.

E-mailed the UKBA on Saturday asking for an update on my application, just received a call saying that it was posted out on Sep 21 so should arrive any day now!

Flashware, where did you sent an email to?

The passport returns e-mail address.

My query wasn't along the lines of demanding to know where the application was but was just kindly asking for an update due to my registered post envelope being sent back when I requested my passport (and my wife's) back. As a result I had no way of tracking when the RC (on paper) would be sent so asked if they could check if it had already been sent.

Treat them with a bit of respect instead of demanding answers and that seems to be a winner!

thanks alot

My father is a french national and my mother is an Indian national both residing in India.They are coming to UK in october My mother has got EEA family permit.My parents are planning to travel to france in feb of next year.Does my mother require a schnegan visa. can anyone please guide me.

afizah wrote:My father is a french national and my mother is an Indian national both residing in India.They are coming to UK in october My mother has got EEA family permit.My parents are planning to travel to france in feb of next year.Does my mother require a schnegan visa. can anyone please guide me.

Yes, an Indian national will require a visa for France.

thanks for the reply.my mother holds EEA family permit and my parents are travelling together to france .Does she still need a a visa?.If yes please tell me where to apply for the visa . In london french consulate home page it is given that persons holding ctype visa or any other visa for 6 months should apply schnegan visa in their country of residence . I am really afraid that whether my mom should travel back to India to apply for visa.she was issued carte de sejour valid for 10 yrs which got expired in 2010 This visa was issued in troyes ,france but she stayed there for only 6 months after which she returned to India. please guide me i m really confused.

afizah wrote:thanks for the reply.my mother holds EEA family permit and my parents are travelling together to france .Does she still need a a visa?.If yes please tell me where to apply for the visa . In london french consulate home page it is given that persons holding ctype visa or any other visa for 6 months should apply schnegan visa in their country of residence . I am really afraid that whether my mom should travel back to India to apply for visa.she was issued carte de sejour valid for 10 yrs which got expired in 2010 This visa was issued in troyes ,france but she stayed there for only 6 months after which she returned to India. please guide me i m really confused.

If you mother only holds a family permit, then she would need a visa for France. Your mother should not have to travel back to the India, but you may need to argue your case with the embassy.

Hi Everyone

I am an Irish citizen residing in the UK. My mother is a Russian citizen and her five years' residence card of a family member of an EEA national expired and she received a UK permanent residence renewable every 10 years. I've discovered that as a holder of a family member residence card of an EU national under Directive 2004/38/EC my mother is entitled to a non-viasa entrey to Schengen area countries.

We were going for a couple of weeks' holidays in Europe and I've contacted a number of embassies (of Spain, Malta, Italy, Cyprus and Bulgaria) and was informed that my mother does require a visa because she now holds a permanent residence which doesn't state that she is "a family member of an EU national". It seems that she has lost her right to free movement within EU countries by obtaining a UK permanent residence which doesn't state her family staus.

The document called "Commission Decision" of 19/03/2010, Brussels (http://ec.europa.eu/home-affairs/polici ... 620_en.pdf) Part III, page 90, makes it very clear that my mother is entitled to a non-visa entry in EU countries however none of the embassies I've contacted was aware or recognised that. At least the Embassy of Malta made an attempt to clarify this issue with their headquater.

I've been advised to contact the UK Home Office and ask them to endorse my mother's status of an EEA family member in her permanent residence stamp but I doubt that they would be willing to help. Has anybody had any experience travelling with this kind of a document or managed to get a non-visa entry?

countpushkin wrote:Hi Everyone

I am an Irish citizen residing in the UK. My mother is a Russian citizen and her five years' residence card of a family member of an EEA national expired and she received a UK permanent residence renewable every 10 years. I've discovered that as a holder of a family member residence card of an EU national under Directive 2004/38/EC my mother is entitled to a non-viasa entrey to Schengen area countries.

We were going for a couple of weeks' holidays in Europe and I've contacted a number of embassies (of Spain, Malta, Italy, Cyprus and Bulgaria) and was informed that my mother does require a visa because she now holds a permanent residence which doesn't state that she is "a family member of an EU national". It seems that she has lost her right to free movement within EU countries by obtaining a UK permanent residence which doesn't state her family staus.

The document called "Commission Decision" of 19/03/2010, Brussels (http://ec.europa.eu/home-affairs/polici ... 620_en.pdf) Part III, page 90, makes it very clear that my mother is entitled to a non-visa entry in EU countries however none of the embassies I've contacted was aware or recognised that. At least the Embassy of Malta made an attempt to clarify this issue with their headquater.

I've been advised to contact the UK Home Office and ask them to endorse my mother's status of an EEA family member in her permanent residence stamp but I doubt that they would be willing to help. Has anybody had any experience travelling with this kind of a document or managed to get a non-visa entry?

This was discussed several times already.

See for example - EEA4 residence card and EU visa free travel.

See also schengen border code.

Thank Jambo and EUsmileWeallsmile

As far as I understand because we don't have any worthwhile reply from embassies we just have to take a risk with air carriers and border control (hopefully they are more knowlegable) and try to convince them that my mother is entitled to a non-visa entry. Unfortunatley we don't live in London and I don't want to drag my 90 years' old mother all the way to get a visa which she doesn't need.

Hello,

I (German citizen), am planning a long-waited for family visit with my Algerian partner - officially recognized EEA family member. We are not married. Planned car trip route: Dover-Calais ferry, Belgium, NL, Germany.

Bloody studpid French embassy in London says this, see email below - can anyone explain to me, why? Does French law not recognize unmarried couples equally to married ones, and do they have the right within EU zone to make this exemption?

Funnily, the German and Dutch Embassies already gave us green light, on request I even sent a pdf scan of his passport and residence permit to the visa section, before they approved it.


EMAIL FROM THE FRENCH EMBASSY:

Von: "LONDRES-FSLT Visas" <visas.londres-fslt@diplomatie.gouv.fr>
An:

Dear Madam,

I can confirm that this visa exemption does not apply to parents, civil partners and unmarried partners as well as to family members of French nationals. Your partner will therefore have to apply for his visa at the German Consulate.

Regards,

NLR,
FCG, London



--------------------------------------------------------------------------------
De : Envoyé : mardi 9 octobre 2012 15:51
À : LONDRES-FSLT Visas
Objet : RE: Travel to France


Dear Madam/Sir,

Unfortunately, the visa service that you are refering is not suited in this case.

The TLS website clearly states that it only allows visa enquiries if France is the main destination. However, in our case, France is NOT main destination, but only a transit country, as we wish to visit my family in Germany, travelling there via the Dover-Calais ferry.

As the TLS website does not allow to send email queries, can you please inform me what the French Schengen visa regulation is for EEA family members with a valid British Residence Card, who is not a European citizen, who is travelling together with their German national family member. We are not married, but under British law recognized partnership akin to marriage. I put that down in more detailled writing below.

Many thanks,


--- LONDRES-FSLT Visas <visas.londres-fslt@diplomatie.gouv.fr> schrieb am Fr, 28.9.2012:


Von: LONDRES-FSLT Visas <visas.londres-fslt@diplomatie.gouv.fr>
Betreff: RE: Travel to France
Datum: Freitag, 28. September, 2012 09:34 Uhr




Voir PJ/ See attachment.

Cordialement/ Regards,
MT
FCG, London

Hello, I am a spanish national and my husband is from Niger, we got married in uk where we currently live and work, my husband has just got his uk resident card in which states that he is a family member of à eea national.
After reading in the website Of the spanish embassy in london that holders of a uk resident card with a family member of a EEA national recognision werent required to get a visa when entering Spain with the eu member or to join him/her, we bought a flight for this coming 23rd of October, but for to confirm it as I was a bit nervous and after calling unsuccessfully the embassy I went there to ask and they told me that as our marriage wasn't register in the Spanish register ( they told me we had a half marriage which I don't think is write) and can't prove with the official "family book" that we are marriage my husband has to get a tourist visa ( which all it's requirements: medical insurance, prove of incoming, prove of staying, etc).
After leavin very disappointed the embassy I called my usual lawyer who wasn't very able to resolve my querie but told me that my marriage was not half but completely legal an that by law I don't really need to register my marriage in the Spanish civil register if I don't want to...
So basicly my question would be, here in uk when boarding with easyjet would they make a problem as his passport have no visa but his flying with me ( having as mentioned aboved a uk resident card stating he is the family member of a EU national) and we are carrying our uk certificate of marriage? In case we fly through what would they possibly ask in the Spanish airport border, can they denied the entry even if I am exercising my European treaty rights as I am working and living in another EU country?
I'll more than happy if I can get answers here...
Thank you so much for your help

snowill wrote:So basicly my question would be, here in uk when boarding with easyjet would they make a problem as his passport have no visa but his flying with me ( having as mentioned aboved a uk resident card stating he is the family member of a EU national) and we are carrying our uk certificate of marriage?

A budget airline is probably the last in being able to verify the legality of a marriage. They would be only interesting in your husband having that sticker in the passport and you travelling together because that's what their book says.

snowill wrote:In case we fly through what would they possibly ask in the Spanish airport border, can they denied the entry even if I am exercising my European treaty rights as I am working and living in another EU country?

Not if your marriage is legal.

sum1 wrote:

snowill wrote:So basicly my question would be, here in uk when boarding with easyjet would they make a problem as his passport have no visa but his flying with me ( having as mentioned aboved a uk resident card stating he is the family member of a EU national) and we are carrying our uk certificate of marriage?

A budget airline is probably the last in being able to verify the legality of a marriage. They would be only interesting in your husband having that sticker in the passport and you travelling together because that's what their book says.

thank you for your reply i was just double checking for to avoid any problem coz from what i read on some website and even on the spanish one makes me confuse because they were saying that my husband must have a visa before travelling or have to register our marriage in the spanish register office before as i'm spanish,that really scared us and did not know what we do.
so from your reply that means that we could go and comeback without any problem????

snowill wrote:In case we fly through what would they possibly ask in the Spanish airport border, can they denied the entry even if I am exercising my European treaty rights as I am working and living in another EU country?

Not if your marriage is legal.

yes our marriage is legal we got married in a UK register office we have
our certificat of marriage

Hi Everyone

I've already written on the forum about problems getting confirmation from embassies (Spanish in particular) to travel without a visa for my mother. She is a Russian citizen and I am an Irish passport holder both residing in the UK. My mother had a five years' Residence Card of a Family Member of EU national which has been replaced by a Permanent Residence. After quite a struggle I've got a confirmation that my mother doesn't need a visa to travel to Malta with me (they initially insisted she does need a visa). However after about 45 days struggling with the Spanish Consulate I have two emails insisting that my mother does need to apply for a visa because she holds a Permanent Residence Card in the UK and does state literally “Family member or an EU/EEA National”. I've been so tempted to travel to Spain after a good news from Malta and now I am back to square one. If the Spanish Embassy doesn't know or ignore the rules I just can imagine what I will have to face with airlines.

I've got a trip for work next week, and being a non-Visa national I know there's no issues with me arriving into NL. My question is can I use the EU lane there with me EEA2 or can I only use the EU lane when arriving back into the UK? I will not be travelling with my wife on this trip!

flashware wrote:I've got a trip for work next week, and being a non-Visa national I know there's no issues with me arriving into NL. My question is can I use the EU lane there with me EEA2 or can I only use the EU lane when arriving back into the UK? I will not be travelling with my wife on this trip!

The rule of thumb, if immigration must stamp your passport you must use the Non-EU lane.

As you will not travel with your EU spouse, you will not be entering NL under
the basis of EU family member, as it requires you to accompany or join.

So I'd say, they will want to put an entry stamp on your passport.

acme4242 wrote:

flashware wrote:I've got a trip for work next week, and being a non-Visa national I know there's no issues with me arriving into NL. My question is can I use the EU lane there with me EEA2 or can I only use the EU lane when arriving back into the UK? I will not be travelling with my wife on this trip!

The rule of thumb, if immigration must stamp your passport you must use the Non-EU lane.

As you will not travel with your EU spouse, you will not be entering NL under
the basis of EU family member, as it requires you to accompany or join.

So I'd say, they will want to put an entry stamp on your passport.

Ok. So in that case I should also leave via the non-EU lane also, but then when arriving back in the UK use the EU lane.

I'm sorry if this has been covered in this post; however, I didn't see anything specifically.

I am a Canadian citizen married to a Norwegian citizen who is moving to Sweden in about a month, but will continue working in Norway. I am in the process of trying to join her in Sweden, however, I have a question regarding travelling and visa requirements.

As a Canadian I do not need a visa to travel to the Schengen area/Sweden; however, I have just left Norway after spending 90 days in the country. The Schengen rules say 90 days every 180 days, but if I am travelling to Sweden with my wife, do I still have to wait 90 days before I can enter as a non-visa traveler? Or should I speak to the embassy and apply for an entrance visa?

Thanks in advance.

Hi,

This post is really interesting. I read the UK citizen + Chinese citizen traveling to France without a visa with great interest, but I don't have 'ILE' so want to clarify further.

I'm a mainland Chinese citizen married to UK citizen (originally Australian and recently naturalised). I have the settled person spouse visa (obtained while my husband has PR but not UK citizenship), but not eligible for ILR until July. My Biometric Residence Permit does not state 'married to EU/EEA national' because when I got the visa he wasn't a UK/EEA national yet.

We have booked a holiday in May 2013 in Greece, and realized that I cannot apply for visa because my Residence Permit would've only had 2 months left, and Greece embassy would require 3 months remaining on the RP.

I have two questions:
1) The UK+Chinese to France success story makes it sounds like I could go without a visa, but does it matter I don't have ILE, only a settled person spouse visa?

2) The Residence Card which states 'married to EU/EEA national' seems to be a safer route, how can I get one? The EEA2 form seems to apply for non-UK EEA family members residing in UK, not for family of UK citizen.

Much appreciated for any advice.

Thanks
Maggie