Schengen Visa for EU spouses without Residence Card?

Try Belgian, they don't actually require UK residence[/quote]


Thanks for advising us. Luckly my husband has got his Residence Card this week after 12 months waiting, so this will give us some freedom to travel without the need for the Schengen mercy

Directive/2004/38/EC wrote:Most member states will ask for proof of residence. You have three choices.
(1) provide it and get the visa
(2) travel without the visa, in which case it is not required
(3) fight for the visa without providing the residence information

If you do (1) then the embassy thinks it can ask for that, and will continue to ask for the proof of residence. This is a fast option.

If you do (2), then the embassy will never know about it and so will continue to ask for the proof of residence. This is a fast option.

If you do (3), you will win if you have enough time. Likely you will get the visa issued, but they will continue asking others for the proof of residence. If you take them to court, then they will loose and you may be able to require them to stop asking for it, or maybe not. Either way it will take a lot of time. The summer will be over by the time you get your visa. Best to use (1) or (2) for your summer vacation, and then do (3) over the coming winter when the days are short and dreary in the UK.

Hi, I am now to the forum, I have been reading through it for a while now, I have a question on this point, I have a copy of 2004/38, and have questioned the CCS several times to clarify points that are specific to me, so am not a total "novice", but have found some "changes" seem to have occured ~ my situation is that I am a UK citizen, my husband of 4 years is a Tunisian Citizen. He resides in Tunisia, i was there but am now back in the UK. following 2004/38, and planning to "exercise my treaty right"
I will be travelling back to Tunisia by car, collecting my husband and our cat, and then intend to reside in Italy, for some time, and then return together to the UK. According to the CSS, my husband requires an accompanying spouse Schengen Visa, I have one downloaded, and also according to the CSS, just his passport and our marriage certificate to prove our relationship. fine so far, however a friend of mine, also british, and married to a tunisian, currently residing in Tunisia, has just applied to the Spanish Embassy for same, and was not able to apply as their marriage certificate, whilst translated into English (the cert is a civil certificate) was not "legalised" in the UK. It is NOT a requirement of UK citizens who marry in Tunisia to register their marriage on the GRO overseas marriage register. Mine is not, it was an addittional expense for nothing (at the time) my passport was duly re-issued by the UK passport service with a copy of my Tunisian Marriage certificate translated into English.
I am also finding "declarations" and "swearings" required, which were not on the website for Italy last week!!
Quoting from the CSS,
"In relation to the procedure at the Italian Embassy, there is no prescribed procedure for granting a visa to a non-EU family member. Directive 2004/38 provides only that the visa should be granted without formality or charge on the basis of an accelerated procedure. This is a matter which the Italian Embassy or Consulate in Tunisia should be able to easily clarify for you. As advised previously, your husband should only be required to produce his passport and evidence of his marriage to you to obtain the visa. Other documentary requirements would be regarded as contrary to the spirit and purpose of Directive 2004/38."

I feel that these addittional "requirements" ARE CONTRARY to the spirit and purpose as quoted above, and I would not be in possession of a residence certificate, but as I will be travelling from Genoa to Tunisia by ferry, it would be easy for me to obtain one prior to departure to Tunisia.

any thoughts or comments would be greatly appreciated, i apologise for the long post, however without the details how could anyone comemnt accurately?

thanks again, I am enjoying reading the forum and hope to be posting some useful info soon.

Hi, I am now to the forum, I have been reading through it for a while now, I have a question on this point, I have a copy of 2004/38, and have questioned the CCS several times to clarify points that are specific to me, so am not a total "novice", but have found some "changes" seem to have occured ~ my situation is that I am a UK citizen, my husband of 4 years is a Tunisian Citizen. He resides in Tunisia, i was there but am now back in the UK. following 2004/38, and planning to "exercise my treaty right"
I will be travelling back to Tunisia by car, collecting my husband and our cat, and then intend to reside in Italy, for some time, and then return together to the UK. According to the CSS, my husband requires an accompanying spouse Schengen Visa, I have one downloaded, and also according to the CSS, just his passport and our marriage certificate to prove our relationship. fine so far, however a friend of mine, also british, and married to a tunisian, currently residing in Tunisia, has just applied to the Spanish Embassy for same, and was not able to apply as their marriage certificate, whilst translated into English (the cert is a civil certificate) was not "legalised" in the UK. It is NOT a requirement of UK citizens who marry in Tunisia to register their marriage on the GRO overseas marriage register. Mine is not, it was an addittional expense for nothing (at the time) my passport was duly re-issued by the UK passport service with a copy of my Tunisian Marriage certificate translated into English.
I am also finding "declarations" and "swearings" required, which were not on the website for Italy last week!!
Quoting from the CSS,
"In relation to the procedure at the Italian Embassy, there is no prescribed procedure for granting a visa to a non-EU family member. Directive 2004/38 provides only that the visa should be granted without formality or charge on the basis of an accelerated procedure. This is a matter which the Italian Embassy or Consulate in Tunisia should be able to easily clarify for you. As advised previously, your husband should only be required to produce his passport and evidence of his marriage to you to obtain the visa. Other documentary requirements would be regarded as contrary to the spirit and purpose of Directive 2004/38."

I feel that these addittional "requirements" ARE CONTRARY to the spirit and purpose as quoted above, and I would not be in possession of a residence certificate, but as I will be travelling from Genoa to Tunisia by ferry, it would be easy for me to obtain one prior to departure to Tunisia.

any thoughts or comments would be greatly appreciated, i apologise for the long post, however without the details how could anyone comemnt accurately?

It is common courtesy to start your own post rather than "hijacking" someone else's. Also, I'm not exactly sure what you're asking here. Could you clarify what your questions are?

It is common courtesy to start your own post rather than "hijacking" someone else's. Also, I'm not exactly sure what you're asking here. Could you clarify what your questions are?[/quote]

As my query was relevant to the existing thread, and the queries contained within it, I didn't see that as "hijacking", but as asking related questions.

It is my experience that on forums, related items are within the same thread, and duplicate "threads" are merged, so that all the information is contained within the same thread.

However, my query was regarding the change on the Italian Website regarding Schengen Visa's for non Eu nationals who are accompanying their EU spouses, under Directive 2004/38, this would normally be a 90 Schengen Visa. This facility has been removed from the Italian Website, and "declarations" and "swearings" added to the requirement for a schengen Visa for over 90 days. which is now what the website is saying the non EU spouse of an EU National requires.

I wondered if anyone had come across this, or had any ideas, thoughts or comments on this as it seemed to me to be contrary to the spirit of Directive 2004/38.

Since Posting, I have (yesterday) received from the CSS, a full response, with instructions to take thier email to the embassy and IF the embassy tries to impose (1) anything other than the 90 day Schengen Visa, (duly completed with the limited amount of information required, and my husbands passport and our Non Eu marriage certificate) OR (2) any other requirement of documentation, The Embassy are to be given the email, which instructs them FULLY on the requirements and that action would be taken against them if they (the Embassy) do not comply.

So I guess my query has been very sucessfully answered by the CSS.

And I hope that this information is useful to anyone reading/following this thread, and assures them that any "addittional" requriements any embassy attempts to apply to Schengen Visa Non Eu Spouses of EU Nationals Applicants (on annex I 539/2001) will not be tolerated, which can only be good news for people needing to apply for them.

ania22 wrote:We finally decided to apply at the Czech Consulate for a schengen visa as a Non EU family member who is still waiting for the RC and you think what... The member of staff at the consulate turned us back from applying and insisted that a valid Residence Permit must be inclosed in the passport to apply and she has no idea about Directive 2004/38/ec or whatever.
So where is that free movement for EU family members, now i can say that it doesn't exist!! it is a big prison for NON EU family members who are still waiting for the mercy of the British Home Office.

You should have printed a copy of what is written on their own website, at the bottom of the page of the following link :

http://www.mzv.cz/london/en/visa_and_co ... sions.html

"Family members of EU citizens may apply for a visa for a stay up to 90 days at any diplomatic mission of the Czech Republic"

3- the third option: alot of consulates didn't welcome the applying process entirly as said at least one needs to have three months valid residency left in the UK to apply even if non eu spouses.

Demand a written refusal to accept your application from them. Then use it in court as evidence of them violating your rights.
If they refuse to give a written confirmation, an alternative could be to bring a couple of witnesses with you, who would agree to testify in court if necessary (also, I guess, a good idea would be if they write down an sign their testimonies right there)

-dup