Schengen Visa for EU spouses without Residence Card?

I am wondering if any Non EU spouses managed to get a schengen visa while they are waiting for the EEA2 in the UK and their passport doesn't have a valid proof of residence.... Is it legally for Non EU spouse to get the schengen visas without asking about any valid proof of residency in the UK?
I have read some visa instructions related to a few schengen countries and most of them stated that a valid residence in the uk should be presented while applying...Is that applicable even to SPOUSES of EU citizens?

ania22 wrote:I am wondering if any Non EU spouses managed to get a schengen visa while they are waiting for the EEA2 in the UK and their passport doesn't have a valid proof of residence.... Is it legally for Non EU spouse to get the schengen visas without asking about any valid proof of residency in the UK?
I have read some visa instructions related to a few schengen countries and most of them stated that a valid residence in the uk should be presented while applying...Is that applicable even to SPOUSES of EU citizens?

No one heard about that before?

ania22 wrote:

ania22 wrote:I am wondering if any Non EU spouses managed to get a schengen visa while they are waiting for the EEA2 in the UK and their passport doesn't have a valid proof of residence.... Is it legally for Non EU spouse to get the schengen visas without asking about any valid proof of residency in the UK?
I have read some visa instructions related to a few schengen countries and most of them stated that a valid residence in the uk should be presented while applying...Is that applicable even to SPOUSES of EU citizens?

No one heard about that before?

I personally think you will need to show a prove of residence either as a family member or worker or student when apply for Schengen visas.

I personally think you will need to show a prove of residence either as a family member or worker or student when apply for Schengen visas.[/quote]




Well I am talking about NON EU Family members who enjoy the same free movements like the EU nationals, If they have got the residence cards they wouldn't need a schengen visa and some Eu countries had already applied that in practice. But if they don't have that residence card or they are still waiting for the mercy of the British Home Office to issue that card and they need to travel with their Eu family...here what I am looking for to find out if they are allowed to get a schengen visa without asking wheather they are residents or not according to the Directive 2004/38 eu.

ania22 wrote:I am wondering if any Non EU spouses managed to get a schengen visa while they are waiting for the EEA2 in the UK and their passport doesn't have a valid proof of residence.... Is it legally for Non EU spouse to get the schengen visas without asking about any valid proof of residency in the UK?
I have read some visa instructions related to a few schengen countries and most of them stated that a valid residence in the uk should be presented while applying...Is that applicable even to SPOUSES of EU citizens?

No, the right derives from the relationship to the EEA Citizen, that does not depend on UK residency.

mym wrote:

ania22 wrote:I am wondering if any Non EU spouses managed to get a schengen visa while they are waiting for the EEA2 in the UK and their passport doesn't have a valid proof of residence.... Is it legally for Non EU spouse to get the schengen visas without asking about any valid proof of residency in the UK?
I have read some visa instructions related to a few schengen countries and most of them stated that a valid residence in the uk should be presented while applying...Is that applicable even to SPOUSES of EU citizens?

No, the right derives from the relationship to the EEA Citizen, that does not depend on UK residency.

Thanks mym for your reply. But in practice the Schengen embassies in the UK ask for proof of valid residency before applying even if you are a non eu family member. I did call some of them and they confirmed what is written in their websites. that is we are so confused Are the embassies right? or wrong? I don't know

They are wrong, but good luck trying to convince them of that fact...

ania22 wrote:I am wondering if any Non EU spouses managed to get a schengen visa while they are waiting for the EEA2 in the UK and their passport doesn't have a valid proof of residence.... Is it legally for Non EU spouse to get the schengen visas without asking about any valid proof of residency in the UK?
I have read some visa instructions related to a few schengen countries and most of them stated that a valid residence in the uk should be presented while applying...Is that applicable even to SPOUSES of EU citizens?

>>Here<<, I wrote in detail why I think that 1) you should get the visa according to 2004/38/EC AND 2) you should be able to travel without a visa altogether.

It's just that you'll be scrutinised at the border, still better than applying for the visa.

Enjoy your travels, Good luck!

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.

Directive i think the first one will not be an option if they haven't received a positive reply from UK border Agency.

Option 2 &3 are the best options, as these member states continue to violate the rights of family member of EU nationals.

They don't seem to understand anything from the metock ruling. Even the Irish are asking for the nonsense proof of lawful resident.

It is disgraceful and absurd.

Whats the point in having these laws and rulings if member states are just going to ignore or trample on them.

Obie wrote:Directive i think the first one will not be an option if they haven't received a positive reply from UK border Agency.

Option 2 &3 are the best options, as these member states continue to violate the rights of family member of EU nationals.

They don't seem to understand anything from the metock ruling. Even the Irish are asking for the nonsense proof of lawful resident.

It is disgraceful and absurd.

Whats the point in having these laws and rulings if member states are just going to ignore or trample on them.

So far from what I know...its just UK and Ireland still requesting visa for EU family members.

Sometimes things do not get handed to you on a plate. European law already provides uncomparable simplicity and power to EU citizens who are moving to other EU states, and to their accompanying family members. Just try applying directly to move to the home-states of the EU citizen. Or to the US or Canada.

But all is not perfect in Europe. There are still challenges.

Let me slightly rephrase your point: What's the point in having these laws and rulings if people are not going to use them to force governments to change?

Unfortunately that requires patience and time and money.

Directive/2004/38/EC wrote:

Let me slightly rephrase your point: What's the point in having these laws and rulings if people are not going to use them to force governments to change?

Unfortunately that requires patience and time and money.

This is exactly what am saying....at the end of the day, one might still loose and nobody cares.

I care. Not that it is worth much to somebody who is struggling.

Directive for example Metock. The ruling was explicit, the Judgment even stated in Paragraph 53 or 58 if i am correct, that Akrich should be reconsidered in light of the ruling. Member state especially UK are still refusing to issue visa. One of my friend who has a resident card was told by the ECO he is not convinced he will return back to ireland, even though he was travelling with his wife (EU National) and it is within their right to stay if they so wish.

I understand one needs to continue to be persistent in ensuring that ones right is not violated, but this can be difficult when you consider the time and financial cost of pursuing these matters to court. Sometimes these member state use all the means at their disposal in preventing the cases from going to the ECJ, as they know they will stand no chance.
The judicial institution cannot sometimes be trusted to be independent as they owe their pay masters and their positions will be on the line if the rule against government in all their violation cases etc.

Like the UK's Misinterpretation/Interpretation of Article 5 of 2004/38EC make me wonder if i know the English language very well.

Why haven't the EU brought infringement proceedings against them i don't know.

Obie wrote:
Why haven't the EU brought infringement proceedings against them i don't know.

Politics and powerful countries cant be brought to justice cus they will always be right. (Reality)

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.

Thanks alot for that explaination:
1- I hope we can do that as we are still waiting for the residence card to be issued. when? don't know
2- we would love to try and do that But what about the Stupid?? Are they going to allow schengen visa nationals on board without entry visas.. here is the point..
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.

Hi all,
Another question about this subject How can non eu spouses take advantage of Metock case when applying for schengen visa from the uk without proof of valid UK residency??
After Metock case the UK changed the EU Family Permit and no longer asking for proof of residency for non eu spouses to apply for the UK EU family permit.
So, I guess that the schengen consulates in the UK should follow the same and not asking non eu spouses for a valid proof of uk residency while applying for schengen visas. Could non eu spouses who are still waiting for their RC in the uk and need travelling with their eu spouses challenge the schengen consulates relying on the Metock case??? Does anyone agree with me???

I

Tinibee wrote:I dont think it matters, but it is necessary to prove you're relationship. I thought that cos we were married (me uk him non-eu) that we wouldnt need a schengen ( we don't have a residence card either) and were just going to travel with our marriage certificate at hand, anyway i posted here and then was put off so just went and applied for the schengen and got it straight away, all we gave them were our passports and a translated marriage certificate that had been stamped by the legalisation office, but in our case my husband does have his two year spouse visa, but i think you should try it without first anyway cos if he is your spouse you don't need to show accommodation or flights etc, so u may as well just go ahead and apply cos its free for EU spouses. Good luck anyway x

thanks Tinibee for your support We would like to try it actually and approach the Czech or the French as we heard that they are quite approachable in that case, on the other hand my homeland consulate rejected the idea totally as if there is nothing called Directive 2004/38 ec...The Polish are really strange in some point...

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.

I got a short stay schengen visa without providing any valid proof of residence in the UK in Slovakian embassy in London last week as the Non EU family member (the spouse) of an EU national(Belgian).

ukckuk wrote:I got a short stay schengen visa without providing any valid proof of residence in the UK in Slovakian embassy in London last week as the Non EU family member (the spouse) of an EU national(Belgian).

that is really very good news. Congratulations!!!
Would you mind telling us how that worked with you? did you have an interview? what documents did you submit? so they didn't argue about the fact that non eu spouse has no valid residence permit at all.

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.

It's understandable that people would need to travel during the 6+x months while the passport is in the Home Office, and during that time the current visas would have expired etc.
It's one of those situations which one'd much rather avoid, so if one has a chance of going to a consulate to get a schengen visa and has all the required docs, my advice is- do that. And only if you're in a situation like our Polish friend here, you don't have a choice but face this awkwardness, not only getting your schengen visa without all the paperwork but more fun coming BACK to th UK... you're forced to fight for your right...

If you're flying and the airline staff decide to play dumb and not let you through, speak to their head and threaten them with a legal action and explain that they will face a hefty penalty. Carry a copy of a Directive 2004/38 with you, so at least the airline staff would let you board. It's the immigration officers who you should be wary of.

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.

Try Belgian, they don't actually require UK residence