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Hi guys,

I am not EU and married to an EU waiting for my RC. However I need to travel with my husband to Poland next month. Can I apply for a Schengen visa with my COA?

Thank you

chinkyjoana wrote:Hi guys,

I am not EU and married to an EU waiting for my RC. However I need to travel with my husband to Poland next month. Can I apply for a Schengen visa with my COA?

Thank you

No need to post same question everywhere. Kindly refrain from doing so.

Multiple posts

Just apply for Schengen in normal way.

Have you requested your passport back from HO yet?

noajthan wrote:Just apply for Schengen in normal way.

Hi..

But my family permit is already expired. Can I still apply with my COA?

Thanks

member wrote:Have you requested your passport back from HO yet?

Hi..

Not yet I am planning to do so this week. How long will it take for them to return?

It can take a couple of weeks to get your passport back.

chinkyjoana wrote:

noajthan wrote:Just apply for Schengen in normal way.

Hi..

But my family permit is already expired. Can I still apply with my COA?

Thanks

Don't really see how a COA helps to apply for a Schengen visa.

btw - you don't need a FP to remain in UK (as long as hubby is a qualified person in UK) - its not a 'visa'.

Worst case you could try this - but plan for questions and delays at airline checkin and also at borders:
https://eumovement.wordpress.com/2010/0 ... to-travel/

noajthan wrote:

chinkyjoana wrote:

noajthan wrote:Just apply for Schengen in normal way.

Hi..

But my family permit is already expired. Can I still apply with my COA?

Thanks

Don't really see how a COA helps to apply for a Schengen visa.

btw - you don't need a FP to remain in UK (as long as hubby is a qualified person in UK) - its not a 'visa'.

Worst case you could try this - but plan for questions and delays at airline checkin and also at borders:
https://eumovement.wordpress.com/2010/0 ... to-travel/

I know I am still legal to stay here in the UK as my husband is a qualified person, however it is how to apply for schengen visa. One of their requirement is at least 3 months family permit visa. In that case my family permit has expired already but have the COA. Will this be good?

Thank you for the article, will sure print this on our way back to the UK.

chinkyjoana wrote:I know I am still legal to stay here in the UK as my husband is a qualified person, however it is how to apply for schengen visa. One of their requirement is at least 3 months family permit visa. In that case my family permit has expired already but have the COA. Will this be good?

Thank you for the article, will sure print this on our way back to the UK.

Where is the need for 3 months worth remaining on a FP specified?
A FP is a UK document and, as per my understanding, unlikely to be of interest to our neighbours in the Schengen zone.

noajthan wrote:

chinkyjoana wrote:I know I am still legal to stay here in the UK as my husband is a qualified person, however it is how to apply for schengen visa. One of their requirement is at least 3 months family permit visa. In that case my family permit has expired already but have the COA. Will this be good?

Thank you for the article, will sure print this on our way back to the UK.

Where is the need for 3 months worth remaining on a FP specified?
A FP is a UK document and, as per my understanding, unlikely to be of interest to our neighbours in the Schengen zone.

Hi..

It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?

chinkyjoana wrote:Hi..

It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?

Can you add the link to document or website stating such a requirement?

noajthan wrote:

chinkyjoana wrote:Hi..

It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?

Can you add the link to document or website stating such a requirement?

Here is the link : unofficial visa for France link removed

"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"

chinkyjoana wrote:

noajthan wrote:

chinkyjoana wrote:Hi..

It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?

Can you add the link to document or website stating such a requirement?

Here is the link : unofficial visa for France link removed

"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"

Why are you looking at the French website if you need to go to Poland as you state in your first post?

noajthan wrote:

chinkyjoana wrote:Hi..

It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?

Can you add the link to document or website stating such a requirement?

Here is the link : unofficial visa for France link removed

"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"[/quote]
Why are you looking at the French embassy website if you need to go to Poland as you state in your first post?[/quote

Here it is: http://www.london.mfa.gov.pl/en/c/MOBIL ... y_members/

But if you look on general schengen visa requirements. It clearly says that I need to have a valid visa here in the uk to apply. Now this is why I am confused. If they will accept my application with only COA.

As you are the dependent of a Union citizen you do not have a UK 'visa'. Nor do you have 'leave' to remain in UK (under UK regulations).
You are in UK by virtue of EU free movement.

My understanding is the criteria you have quoted from that website is misleading, does not apply to you and does not reflect EU law.
If anything it refers to a Residence Card rather than a Family Permit. But, again as per EU law, it is not mandatory to possess a Residence Card which is a simply a confirmatory document that doesn't confer any rights on the card holder.

And it appears to come from a French website for French Schengen visas rather than a Poland embassy website which is the appropriate place to check on Schengen visas for Poland.

chinkyjoana wrote:Here is the link : unofficial visa for France link removed

"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"

Kindly refrain from posting weblinks of agencies/companies. Only official embassy/VFS/TLS websites/weblinks can be posted.

Also members should be aware that TLS Contact the official visa agent for the French Consulate warn:
"beware of fraudulent agents that only charge you for booking an appointment. Booking an appointment via TLScontact is free of charge"

noajthan wrote:As you are the dependent of a Union citizen you do not have a UK 'visa'. Nor do you have 'leave' to remain in UK (under UK regulations).
You are in UK by virtue of EU free movement.

My understanding is the criteria you have quoted from that website is misleading, does not apply to you and does not reflect EU law.
If anything it refers to a Residence Card rather than a Family Permit. But, again as per EU law, it is not mandatory to possess a Residence Card which is a simply a confirmatory document that doesn't confer any rights on the card holder.

And it appears to come from a French website for French Schengen visas rather than a Poland embassy website which is the appropriate place to check on Schengen visas for Poland.

Does this mean I can apply for the schengen visa with no problem at all?

CR001 wrote:

chinkyjoana wrote:Here is the link : unofficial visa for France link removed

"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"

Kindly refrain from posting weblinks of agencies/companies. Only official embassy/VFS/TLS websites/weblinks can be posted.

Ok.. Any ideas on this issue with the schengen visa?

Are you travelling to France or Poland? If it's Poland there's no point in checking the requirements for a French Schengen visa.

chinkyjoana wrote:Does this mean I can apply for the schengen visa with no problem at all?

Try and see.

My understanding is based on this:

Where a visa is required, “Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge, as soon as possible and on the basis of an accelerated procedure.”

There is no legal requirement that:

• The EU citizen is already (or will be) living or working in a different EU member state
  The non-EU family member holds a specific immigration visa or status. It is fine for them to have a nationally issued visa or a student visa or a visitor’s visa or even implied status
  The family member apply in their country of origin
  The family member resides or previously resided in the EU/EEA

There is also no legal requirement that you submit:

• bank statements
  pay slips
  letters from your present or future employer or school
  letters of reference
  proof that you will return at the end of the trip
  airline tickets
  confirmed hotel bookings
  references or guarantees from people in the destination country

Please contact the European Commission’s free Solvit service if you have any problems or are required to provide these things. If they can not help, you can easily make a complaint directly to the European Commission.

In the unlikely event visa application is rejected, there must be a detailed explanation given about the reasons for the rejection, and there is an clear appeal process that you will be told about. The only four grounds for rejecting a visa application are:

• public health (i.e. a serious contagious disease)
  national security
  (big) public policy
  the marriage was done solely for getting the visa

They can not reject an application because you did not provide, e.g., a bank statement or hotel reservations.

https://eumovement.wordpress.com/2007/0 ... u-citizen/

If you are refused then argue on points of EU law and complain to Solvit.

You appear to have left it a bit late to get your passport back, get a visa and jet off to PL;
Worst case: turn up on border with printout of Directive 2004/38/EC.

Although this post has been long time ago, I'll put my recent story here in case someone else is having the same concern.

My husband is Greek. Yesterday 27th Jan, I applied with the Greek Embassy a Schengen visa. By that time, my student visa expires in one week, and I haven't received my COA (only submitted my biometric information few days ago). I took the biometric letter and proof of requesting my passport back letter from the HO to the embassy, but the Greek embassy rejected my application, and the reason was that my UK visa expires soon, and those letters from HO can't guarantee they will approve my application.

Now, I'm not sure whether I should risk flying to Greece, and see whether the broader control will let me in.

Only suggestion before buying the ticket is to get the clarificaton from airline as well. Otherwise having a spouse on your side should minimise the hassle. Also remember to keep all necessary documents in case.

sistersjuan wrote:Although this post has been long time ago, I'll put my recent story here in case someone else is having the same concern.

My husband is Greek. Yesterday 27th Jan, I applied with the Greek Embassy a Schengen visa. By that time, my student visa expires in one week, and I haven't received my COA (only submitted my biometric information few days ago). I took the biometric letter and proof of requesting my passport back letter from the HO to the embassy, but the Greek embassy rejected my application, and the reason was that my UK visa expires soon, and those letters from HO can't guarantee they will approve my application.

Now, I'm not sure whether I should risk flying to Greece, and see whether the broader control will let me in.

hi sistersjuan,

the problem is not the immigration officer, once you arrive in the schengen state which in your case is greece, just provide your marriage certificate, although i am not sure if they will give you a visa depending on your stay without a COA. The main problem are the Stupid, they will not let you board the plane without a valid visa going back to the UK. I would personally not risk it as per my experience.