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

[Jambo]

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?

It doesn't matter. It's not the type of visa but the fact you are married to a EEA national. However, with France it is simple as their is no airline to deal with, just French immigration and they would allow you entry if you travel together. However, Greece is another story as I doubt the airline would allow you to board the flight without a 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.

This RC is normally not issued to UK national family members.

However, you should be able to obtain a Schengen visa. The 3 months validity on your BRP should not apply if you apply as a spouse of EEA national. The visa should also be free of charge.

[ms83]

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?

It doesn't matter. It's not the type of visa but the fact you are married to a EEA national. However, with France it is simple as their is no airline to deal with, just French immigration and they would allow you entry if you travel together. However, Greece is another story as I doubt the airline would allow you to board the flight without a 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.

This RC is normally not issued to UK national family members.

However, you should be able to obtain a Schengen visa. The 3 months validity on your BRP should not apply if you apply as a spouse of EEA national. The visa should also be free of charge.

That's brilliant! Thank you ever so much!

Phew I was worried about not being able to go to Greece as we already put down £400 deposit for the trip that's non-refundable. Also if we're daring enough, we might even try taking the Eurostar to France before Greece... will share my experience if I do. Thanks again!

[ianjohnson]

Your post have the information that is helpful and informative. great schengen . I would like you to keep up the good work..Thanks and keep up the good work.

[Stuartb]

Hi, I'm sure this has probably been covered lots of times and sorry if it has but I wanted to post my situation and try and get a definitive answer

I am a British citizen currently living in Britain, my wife is Kenyan currently living in Kenya, we are planning on meeting up and residing in the Netherlands in about a month
(I'll probably get there a few days before)

So should the Netherlands embassy in Kenya automatically give her an entry visa once she shows her passport, a photocopy of mine and our marriage certificate?

Also would it be possible for her to just board a plane from Kenya to the Netherlands and be allowed in with no visa, just her passport, a photocopy of mine and our marriage certificate?
Thanks in advance

[frei]

Hi, I'm sure this has probably been covered lots of times and sorry if it has but I wanted to post my situation and try and get a definitive answer

I am a British citizen currently living in Britain, my wife is Kenyan currently living in Kenya, we are planning on meeting up and residing in the Netherlands in about a month
(I'll probably get there a few days before)

So should the Netherlands embassy in Kenya automatically give her an entry visa once she shows her passport, a photocopy of mine and our marriage certificate?

Also would it be possible for her to just board a plane from Kenya to the Netherlands and be allowed in with no visa, just her passport, a photocopy of mine and our marriage certificate?
Thanks in advance

Your wife might need to have your certificate apostilled before her application would be accepted for visa processing by the Dutch mission in Kenya, she would not be able to board a Netherlands bound flight from Kenya without the required visa, the authorities and the airline in Kenya would not put her on board if she does not have a schengen visa vignette in her passport.

Send an email to the Netherlands embassy in Kenya and ask for their requirements and then take it from there after which they must have replied to you. Normally your wife would only need to show your marriage certificate, copy of your passport, and her own passport to procure the visa which would be free of cost. Most EU embassies in Africa require that the marriage certificate be legalized, some do some doesn't so in your case I'd say send them a message to be absolutely sure what you need and what you do not need

[Stuartb]

thanks very much for the reply, we've been apart for long periods of time over the last couple of years and we just want to get things sorted and be together now

[frei]

Yes you can do it, we have all done it so can you, send them the message as I have said earlier and if you need further assistance you could start a thread of your own and people will be ready to assist you. I wish you good luck

[icexxik]

Update of UK Border Agency practice when handling non-EEA VISA NATIONALS (those who require a visa to enter the UK) entering the UK without EEA Family Permit or VISA under EEA regulations:

1. Passenger must travel with or to join EEA national spouse. In practice, you must travel WITH your spouse, otherwise, significant delays and embarrassment, possible detention is possible. EEA national must be in possession of a valid EEA passport or ID card.

2. You must be in possession of a marriage certificate, translated into English and with an apostile (if required)

3. You do not have to hold EEA Family permit or any other Visa, you will be allowed to land in the UK for TWO MONTHS under code 1A stamp. Previously, admission was allowed for SIX months, it is now reduced to 2.

4. Join the EU/UK queue and fill in the landing card.

Concerning airlines/carriers who deny boarding to those not in possession of a visa. UKBA now maintains a 24/7 telephone line at the UK Carrier Liaison Unit. All airlines have the number that they can call, fax the documents and receive an OK to let the passenger board the plane. If you are being denied boarding, insist that the airline contact UKBA Carrier Liaison Unit, they are obliged to do this.

[icexxik]

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

If you are still seeking a response to this. Apply to the Greek consulate for a visa. The 3 months remaining on a visa requirement does not pertain to spouses of EEA nationals. Technically, you do not have to have a residence permit at all. Just ask the visa centre to forward your application to the consulate in any case and you will be granted schengen visa. I had the same situation with the French.

[EUsmileWEallsmile]

Update of UK Border Agency practice when handling non-EEA VISA NATIONALS (those who require a visa to enter the UK) entering the UK without EEA Family Permit or VISA under EEA regulations:

1. Passenger must travel with or to join EEA national spouse. In practice, you must travel WITH your spouse, otherwise, significant delays and embarrassment, possible detention is possible. EEA national must be in possession of a valid EEA passport or ID card.

2. You must be in possession of a marriage certificate, translated into English and with an apostile (if required)

3. You do not have to hold EEA Family permit or any other Visa, you will be allowed to land in the UK for TWO MONTHS under code 1A stamp. Previously, admission was allowed for SIX months, it is now reduced to 2.

4. Join the EU/UK queue and fill in the landing card.

Concerning airlines/carriers who deny boarding to those not in possession of a visa. UKBA now maintains a 24/7 telephone line at the UK Carrier Liaison Unit. All airlines have the number that they can call, fax the documents and receive an OK to let the passenger board the plane. If you are being denied boarding, insist that the airline contact UKBA Carrier Liaison Unit, they are obliged to do this.

Do you have original source reference for this?

[ca.funke]

Do you have original source reference for this?

Also highly interested about where this is from. A quick search didn´t yield any results.

Thanks for any possible imput!

[icexxik]

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.

Since Malta is Schengen, if she doesn't need a visa to Malta, should won't need one to Spain.

This directive easily works for married individuals. Extended family members and other kinds of dependents are a bit a of a problem. I strongly advise that you request a French visa. They don't require any proof of travel or accommodation, the visa is free (relatively), just the TLS fee of 22 pounds. It is issued on the next day with 1 year multiple entries validity for EEA family members. You can fly with it anywhere you want in the Schengen states.

[EUsmileWEallsmile]

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.

Since Malta is Schengen, if she doesn't need a visa to Malta, should won't need one to Spain.

This directive easily works for married individuals. Extended family members and other kinds of dependents are a bit a of a problem. I strongly advise that you request a French visa. They don't require any proof of travel or accommodation, the visa is free (relatively), just the TLS fee of 22 pounds. It is issued on the next day with 1 year multiple entries validity for EEA family members. You can fly with it anywhere you want in the Schengen states.

Thank you for responding to the posters question, but are you aware that it is rather old now?

For information, the problem for the holder of the UK PR card (article 20 card) is that it does not say "family member of a union citizen". The schengen visa guidance states that article 20 residence cards can be used in lieu of visa just as article 10 cards can.

[icexxik]

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?

It doesn't matter. It's not the type of visa but the fact you are married to a EEA national. However, with France it is simple as their is no airline to deal with, just French immigration and they would allow you entry if you travel together. However, Greece is another story as I doubt the airline would allow you to board the flight without a 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.

This RC is normally not issued to UK national family members.

However, you should be able to obtain a Schengen visa. The 3 months validity on your BRP should not apply if you apply as a spouse of EEA national. The visa should also be free of charge.

3 months validity rule SHOULD NOT apply, but it does apply. I am stuck with this problem currently. No Schengen embassy will accept application from someone with 1 month left on their RC in the UK. They don't care about spouse of EEA or not. Basically what they say is, go to your home country and apply from there.

I opened a case against the French via SOLVIT. So far French SOLVIT accepted my complaint, maybe something will change soon.

[icexxik]

Update of UK Border Agency practice when handling non-EEA VISA NATIONALS (those who require a visa to enter the UK) entering the UK without EEA Family Permit or VISA under EEA regulations:

1. Passenger must travel with or to join EEA national spouse. In practice, you must travel WITH your spouse, otherwise, significant delays and embarrassment, possible detention is possible. EEA national must be in possession of a valid EEA passport or ID card.

2. You must be in possession of a marriage certificate, translated into English and with an apostile (if required)

3. You do not have to hold EEA Family permit or any other Visa, you will be allowed to land in the UK for TWO MONTHS under code 1A stamp. Previously, admission was allowed for SIX months, it is now reduced to 2.

4. Join the EU/UK queue and fill in the landing card.

Concerning airlines/carriers who deny boarding to those not in possession of a visa. UKBA now maintains a 24/7 telephone line at the UK Carrier Liaison Unit. All airlines have the number that they can call, fax the documents and receive an OK to let the passenger board the plane. If you are being denied boarding, insist that the airline contact UKBA Carrier Liaison Unit, they are obliged to do this.

Do you have original source reference for this?

Had overseen the UKBA official browsing it while at passport control. Asked about the rules, she read it out to me.

Concerning the airlines, there is a FOI response floating around issued by UKBA with reference to the Carrier Liaison Unit and directing those with problems boarding contact that unit.

[EUsmileWEallsmile]

Had overseen the UKBA official browsing it while at passport control. Asked about the rules, she read it out to me.[/quote]

Thanks for posting back, interesting.

[Stuartb]

Hi, my wife applied for a schengen visa at the Netherlands embassy in Kenya with our marriage certificate, her passport and a copy of mine, they phoned her yesterday saying they now need a copy of both our plane tickets because I'm not in the Netherlands yet, does anyone know if they they can ask for these things, I was under the impression that they can't and I'm not going to buy our plane tickets till my wife gets the visa because if they decide not to give us the visa or it's delayed I don't want to waste that money on plane tickets that we'll have to cancel, thanks

[ca.funke]

The following is only valid, if your nationality is that of an EEA-country, except Dutch!

...a copy of both our plane tickets...does anyone know if they they can ask for these things...

No, they are legally not allowed to do this.

The visa (which you legally don´t need, but technically should have regardless) should usually say something along the lines of "accompanying EU-citizen". That´s enough to make sure that you will have to travel with her, because otherwise she would be denied entry.

[Stuartb]

does it make a difference that I'm not travelling with her? That I'm going to travel to the Netherlands once she's got her visa and then she'll join me there?

[Directive/2004/38/EC]

does it make a difference that I'm not travelling with her? That I'm going to travel to the Netherlands once she's got her visa and then she'll join me there?

Should be fine. I would make sure she can phone you and that you are waiting at the airport on her arrival. If there are any problems, you can prove by your presence that you are in the country.

[neep]

What UKBA expects from airlines and other carriers is set out in this document:
http://www.ukba.homeoffice.gov.uk/sitec ... Versi1.pdf

One quote from it on the 'fine' they risk if they are less than attentive:

"Under UK legislation as the owners, agents or operators of a ship or aircraft
you may become liable for a charge of £2,000 for every non EU/EEA/Swiss passenger arriving in the UK without:
•a valid “immigration document” which satisfactorily establishes his identity and nationality or citizenship.
•and, if the individual requires a visa, a visa of the required kind."

[mcru]

Any assistance appreciated...

Irish National and Russian wife relocated from outside EU to UK in mid Dec. Applied for residence card in UK (EEA2) and have received passports and CoA back.

She has an existing multi-entry UK visa (not family permit) valid until mid april. So we want to do a quick one week visit to Germany before the old visa expires. Flexible over timing. Can we travel (would be together)? German consulate suggested Schengen visa required as the CoA is not a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card". Problem is that it takes 3-4 weeks to get an appointment to even discuss the visa with them ...

[EUsmileWEallsmile]

Any assistance appreciated...

Irish National and Russian wife relocated from outside EU to UK in mid Dec. Applied for residence card in UK (EEA2) and have received passports and CoA back.

She has an existing multi-entry UK visa (not family permit) valid until mid april. So we want to do a quick one week visit to Germany before the old visa expires. Flexible over timing. Can we travel (would be together)? German consulate suggested Schengen visa required as the CoA is not a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card". Problem is that it takes 3-4 weeks to get an appointment to even discuss the visa with them ...

Visa required. It should be issued on a priority basis.

[mcru]

thanks, worked that out just earlier. We are on our way soon... (hopefully)

[sara.07]

basically, i have a grandmother who is dependent upon my dad...she has indefinite leave to remain in this country stamped on her passport and we were just wondering if she could travel to spain using a residency card which we are in the process of filling out. The reason being, is i visited the spanish consulate embassy and found the following:

IMPORTANT NOTICE: Under Directive 2004/38/EC and according to “Real Decreto 240/2007, 16 February”, Family members of an EU/EEA National in possession of a valid UK Residence Card are not required of a visa to enter Spain when travelling with the EU/EEA National or joining him/her in Spain. Otherwise, a visa will be still required (“Real Decreto 1161/2009, 10th July 2009”).

So my dad is an EU national and my grandmother is obviously the mother of my dad and we are applying for her residency card..so if they travelled together providing evidence to prove their relationship could she travel to spain? I have researched several cases and found it has been possible for many people commonly spouses, however she does fall within the category of a family member and therefore is it possible?