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Residence Permit on separate paper:Schengen zone w/out visa?

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

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Schengener
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Residence Permit on separate paper:Schengen zone w/out visa?

Post by Schengener » Wed Oct 10, 2012 2:00 pm

Is that a valid legal statement by the French visa authority TLS, stating this in their FAQ, or is it misinformed:

My British residency permit is not stamped in my passport but it is on a separate piece of paper. Can I still apply for a visa?
As per international practice, your UK residency permit must be endorsed in your current passport or in the form of an identity card. If your residency permit is in an expired passport, you may apply for your visa and travel as long as you produce both passports.

Is the UKBA still putting the residence permit in passports at all? I only heard stories of people receiving it on a separate sheet, as my partner also did.

Can my partner travel visa-free into Schengen zone with such a residence permit?

sum1
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Post by sum1 » Wed Oct 10, 2012 2:36 pm

What they ignorantly keep calling residence 'permit' is actually and quite officially called 'Residence Card' (even in French). Whatever international practice may be it doesn't change the fact that the Directive does not prescribe how the document must look like or be made of, although you could blame the UK for not coming up with a better and more practical format.

The RC is usually put in the passport and only on a separate sheet in exceptional circumstances when the passport is not available. Visa-free travel is possible in case of travelling together or joining with the EEA national at the destination.

Schengener
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Post by Schengener » Wed Oct 10, 2012 3:48 pm

Thanks! We are travelling together.

If that is made a point for concern, I will then refer to that the EU Directive 2004 does not stipulate a specific form or format for the Residence 'Card' and that this is the form that was given to us by the British authorities, which however in any case is a valid EU residence card under Article 10 of the 2004 directive.

sum1
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Post by sum1 » Wed Oct 10, 2012 4:00 pm

I believe the French implementation does not refer to the RC in particular but to a document establishing the family link. In general it is anyway advisable to take the marriage certificate on the journey.

Schengener
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Post by Schengener » Wed Oct 10, 2012 4:42 pm

well, we aren't married. i am trying to find out if the french law excludes/can exclude unmarried couples from the schengen visa exemption, but since durable partners with a family member of a eea national type of residence card are recognized family members under EU law, it doesnt sound like they can lawfully do that.
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