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

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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askmeplz82
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Post by askmeplz82 » Mon Aug 05, 2013 12:21 am

Victoriajam wrote:
askmeplz82 wrote:
Victoriajam wrote:Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers
What is your nationality ( EU national )
I'm German and we need to go to Germany for few days. Cheers
You DO NOT need a visa for short stays in Germany if you are:

- a citizen of the EU/EEA/EFTA

- a spouse (married/civil partnership) or child of an EU/EEA/EFTA national must hold one of the following British visas that say explicitly: "Residence Card of a Family Member of an EEA National" OR "Permanent Residence Card" - and must travel with the EU/EEA/EFTA national.

source: http://www.london.diplo.de/Vertretung/l ... _Visa.html

Victoriajam
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Post by Victoriajam » Mon Aug 05, 2013 7:32 am

Yes, I am aware of that. Cheers. The special situation is if you travel to the EEA citizens home country. Then 2004/38/EC does not apply, unless you are returning home having previously resided in another EU member state. The question is about "returning home". The original idea behind it was that you return home to work and live there. I am not sure if it applies for a holiday.

askmeplz82
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Post by askmeplz82 » Mon Aug 05, 2013 9:15 am

Victoriajam wrote:Yes, I am aware of that. Cheers. The special situation is if you travel to the EEA citizens home country. Then 2004/38/EC does not apply, unless you are returning home having previously resided in another EU member state. The question is about "returning home". The original idea behind it was that you return home to work and live there. I am not sure if it applies for a holiday.
of course you can go now. Back in 2008/2009 there was little problem but not anymore .

read more here....

http://www.immigrationboards.com/viewtopic.php?t=25279

Victoriajam
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Post by Victoriajam » Mon Aug 05, 2013 9:29 am

Thanks a lot. I will contact the German Embassy in London to double check and maybe they could send me a confirmation letter we can take with us to the airport. I will keep you posted.

SerMCG
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EEA4 - Permanent Residency Card and "travelling to Shen

Post by SerMCG » Mon Aug 05, 2013 3:34 pm

I’d like to know if with a permanent residency card (EEA4, not an ILR) a non-EEA national married to an EEA national can travel on her/his own in the Shenghen area countries without having to have an EEA partner “waiting”.
Basically I know that with an ILR this is not possible and would require a Visa. How about the Permanent Residency Card gained with a EEA4 application?

Sorry if (possibly sure) this has been posted elsewhere. I cannot find this info anywhere else. Thank you.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Mon Aug 05, 2013 6:46 pm

For the purposes of the directive and travel, an article 20 residence card (EEA4) is the same as an article 10 (EEA2) card. You will need to travel with or join family member or get a visa.

ca.funke
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Belgium

Post by ca.funke » Tue Aug 06, 2013 9:17 am

Victoriajam wrote:I'm German and we need to go to Germany for few days. Cheers
Nimm z.B. die Bestätigung mit, welche die deutsche Botschaft selbst ausstellt:
(I´d suggest carrying the corresponding confirmation, which the German embassy itself issues:)

https://dl.dropboxusercontent.com/u/351 ... mbassy.jpg

Gruss (regards),
Christian

spanish
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Post by spanish » Sat Aug 17, 2013 6:11 pm

Does anyone have a recent experience of travelling to Netherlands with only Residence Card?
I'm a Spanish citizen with PR in UK, and wanted to travel to Amsterdam next weekend with mi non EU husband, but when checking the website for the Netherlands consulate this is what it says:

Family members of EU/EEA nationals
If you are a family member of an EU/EEA or Swiss national, you may qualify for an accelerated free visa procedure as long as you meet the following criteria:

you are a first-degree family member (this includes a spouse, partner or child who is under 21) of an EU/EEA or Swiss national; and
that EU/EEA national is travelling to or is residing in a member state other than that of which he/she is a national; and
you are accompanying the EU/EEA national or planning to join him/her.
If you think you qualify for visa facilitation you will need to show proof that you meet these criteria when you submit your visa application.


My understanding was that he could travel in Europe as long as I'm with him but, but now we're worried that he won't be allowed entry without a visa, and are considering visiting other country instead.
Any tip of what country we could visit instead without visa?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Aug 17, 2013 6:54 pm

@ spanish, what documentation does your husband hold? Does he have a residence card? If so, he can travel visa free with you.

We have a thread describing some success stories. Once you get back, you can post yours!

http://www.immigrationboards.com/viewtopic.php?t=121856

spanish
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Post by spanish » Sat Aug 17, 2013 7:25 pm

My husband received his ILR a couple of months ago. I know in theory he should be allowed to travel with me, but I'd prefer to have something in writing I could show in case we had some trouble.
If we decide to go in the end I'll definitely post how it goes...
but we're considering going to Spain instead, as it we can take proof from the consulate website that a visa is not required if he travels with me.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Aug 17, 2013 8:17 pm

@spanish, it is very important that you distinguish between ILR and PR. I suspect that your family member has PR not ILR. If he has PR, he ought not to require a visa.

spanish
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Post by spanish » Sat Aug 17, 2013 8:57 pm

yes @EUsmileWEallsmile, it's PR sorry! I thought PR and ILR where the same thing!
Good to know he doesn't need visa for Europe, the information in the consulate makes it so confusing.
This time we've already settled for Spain, but we'll try Amsterdam another weekend!
Many thanks for your help :)

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Aug 18, 2013 7:55 am

In case of problems, it is a good idea to carry copy of marriage certificate. That way, if you get trouble you can demonstrate entitlement by other means. You may not need it, but think of it as an insurance policy.

spanish
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Post by spanish » Sun Aug 18, 2013 7:42 pm

Thanks, will carry the marriage certificate just in case.. But not really expecting any trouble getting into Spain :)

univas01
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Nigeria

Short stay French visa as Spouse of European Union

Post by univas01 » Thu Oct 03, 2013 11:49 pm

Hi everyone,

I plan to apply for a Short stay French visa as Spouse of European Union Citizen as the following applies to me;

In possession of international student visa, valid until Dec 2014
Got married to EEA family member in the UK
In possession of Marriage Certificate
Not yet in possession of the residence-card

Can anyone tell me if I could apply as spouse of European Union without the residence card or would I just need to apply as tourist? Thanks

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Oct 04, 2013 5:19 pm

You can enter under article 5.4 of directive 2004/38/ec if travelling with spouse. You may have problems with travel carriers without a visa or residence card - they may deny you travel.

EUsmileWEallsmile
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Re: Short stay French visa as Spouse of European Union

Post by EUsmileWEallsmile » Fri Oct 04, 2013 5:23 pm

univas01 wrote:Hi everyone,

I plan to apply for a Short stay French visa as Spouse of European Union Citizen as the following applies to me;

In possession of international student visa, valid until Dec 2014
Got married to EEA family member in the UK
In possession of Marriage Certificate
Not yet in possession of the residence-card

Can anyone tell me if I could apply as spouse of European Union without the residence card or would I just need to apply as tourist? Thanks
Please stick to one thread. Thanks.

barrow
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Post by barrow » Wed Oct 09, 2013 6:31 pm

Hi
My husband is South African with a UK Biometric Residence Permit (it only states settlement on it) and I am British. We are planning to travel to Tenerife next week, does anyone know if he will be able to travel without a visa as my family member?

J'enaimarre
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Post by J'enaimarre » Wed Oct 09, 2013 6:36 pm

Having ready through this thread, I did not really find the answer to my question.
I am a French national, and my husband is Bangladeshi. He had a 5 year residence card, and has received his Permanent residence card today. Now, the 5 year residence card has been stamped with "Cancelled", it included the "Family member of an EEA National" mention.

However the PR just says Permanent Residence Card. We wish to travel to France, and would like to know if we can travel without visa. If yes, what docs should we provide?

TLS, the company working for the French Embassy is really not helpful and I did not receive a clear reply from them.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Oct 09, 2013 6:58 pm

barrow wrote:Hi
My husband is South African with a UK Biometric Residence Permit (it only states settlement on it) and I am British. We are planning to travel to Tenerife next week, does anyone know if he will be able to travel without a visa as my family member?
Answered in the other place you asked. Please ask once only.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Oct 09, 2013 6:59 pm

J'enaimarre wrote:Having ready through this thread, I did not really find the answer to my question.
I am a French national, and my husband is Bangladeshi. He had a 5 year residence card, and has received his Permanent residence card today. Now, the 5 year residence card has been stamped with "Cancelled", it included the "Family member of an EEA National" mention.

However the PR just says Permanent Residence Card. We wish to travel to France, and would like to know if we can travel without visa. If yes, what docs should we provide?

TLS, the company working for the French Embassy is really not helpful and I did not receive a clear reply from them.
A permanent residence card is just as good for visa free travel. However, its UK format may cause you problems.

barrow
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Post by barrow » Wed Oct 09, 2013 7:08 pm

EUsmileWEallsmile wrote: Answered in the other place you asked. Please ask once only.
Sorry - was feeling a bit frantic :wink:

libelula
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Spouse of French Citizen residing in the UK

Post by libelula » Wed Dec 11, 2013 8:21 pm

I am a non EU citizen currently doing a PhD in the UK. My husband is French and commutes between France and the UK. My questions are:

- Apparently I cannot apply for a long-term Schengen visa to go to France as I would need to certify that I want the transfer of my UK residence to France and I need to be able to finish my PhD in the UK before I do that. The option left is to apply for a short-term visa so that I can enter France. The option I see is becoming a dependent of my husband in the UK as he could claim he self-sufficiently lives in this country even though he doesn't work or study here (he's finishing his PhD in France). Would that, however, allow me to enter France or would I still not be able to enter the country of my husband without a visa? I would like to go with him to France anytime we want even if just for a few days without the hassle of applying for a tourist visa every time.

Thank you for your advice and suggestions,

EUsmileWEallsmile
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Re: Spouse of French Citizen residing in the UK

Post by EUsmileWEallsmile » Wed Dec 11, 2013 8:36 pm

libelula wrote:I am a non EU citizen currently doing a PhD in the UK. My husband is French and commutes between France and the UK. My questions are:

- Apparently I cannot apply for a long-term Schengen visa to go to France as I would need to certify that I want the transfer of my UK residence to France and I need to be able to finish my PhD in the UK before I do that. The option left is to apply for a short-term visa so that I can enter France. The option I see is becoming a dependent of my husband in the UK as he could claim he self-sufficiently lives in this country even though he doesn't work or study here (he's finishing his PhD in France). Would that, however, allow me to enter France or would I still not be able to enter the country of my husband without a visa? I would like to go with him to France anytime we want even if just for a few days without the hassle of applying for a tourist visa every time.

Thank you for your advice and suggestions,
What UK documentation do you hold? Are you a visa national?

If you have a UK residence card (family member of EEA national), you might not require a visa if accompanying or joining spouse.

libelula
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Post by libelula » Wed Dec 11, 2013 8:52 pm

TIER 4 GENERAL STUDENT LEAVE TO REMAIN, valid until Feb 2015. No, I do not have a EU family member card as my husband did not live in the UK and we married in August, now he is half in the UK, half in France. Could we apply to change my residence permit? Would that make it any easier? And, I've heard that even if I have such a family permit I would still need to travel accompanied by my husband.

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