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family members and schengen visas
Posted: Sun Jul 31, 2011 7:29 pm
by sarah82
My husband has a multi schengen visa issued to him by the Italian Consulate in Morocco.
The thing is, our travel plans have changed and we would now like our first point of entry to be the Netherlands.
Would we be breaking any rules by entering the Netherlands together with my husband's schengen visa having been issued by Italy?
Are we required to show flights to Italy?
Also are we required to show return tickets to Morocco?
We are traveling within a few days and are quite anxious as to whether we could potentially be refused entry to the Netherlands?
Also our return date to morocco on tickets is 13 days after expiry of his visa! would this be a problem?
even though we can remain in eu for up to 90 days?
Posted: Sun Jul 31, 2011 9:10 pm
by alekos
Posted: Mon Aug 01, 2011 12:12 am
by sarah82
My husband has a multi schengen visa issued to him by the Italian Consulate in Morocco.
The thing is, our travel plans have changed and we would now like our first point of entry to be the Netherlands.
Would we be breaking any rules by entering the Netherlands together with my husband's schengen visa having been issued by Italy?
Are we required to show flights to Italy?
Also are we required to show return tickets to Morocco?
We are traveling within a few days and are quite anxious as to whether we could potentially be refused entry to the Netherlands?
Also our return date to morocco on tickets is 13 days after expiry of his visa! would this be a problem?
even though we can remain in eu for up to 90 days?
Posted: Mon Aug 01, 2011 11:45 am
by Punjab
i had a visa issued by German Embassy as me wife ( eu national) and I were planning to go to Koln but then we decided to just go to Paris. All I did was I email German Embassy and I told them that I am not going to Germany ( as my main destination) and they replied saying that my visa is valid in anywhere with in Schengen Zone. We went to Paris and there was no problem.
I hope you will be fine too.
Ta
Posted: Mon Aug 01, 2011 12:38 pm
by 86ti
It would be good if you stayed in a single thread and stopped repeating your questions multiple times (here and in other threads):
http://www.immigrationboards.com/viewtopic.php?p=520969
http://www.immigrationboards.com/viewtopic.php?p=519631
A Schengen visa is valid for the whole Schengen area. The rules are, however, that you either apply to the country where you stay longest or which you enter first in case you stay equally long in several Schengen destinations. It is possible that the embassy staff get difficult the next time you apply for a visa although from your other threads it seems you do not plan to return to Morocco.
And repeating myself: You shouldn't be asked for a return ticket. The lack of a return ticket and the expiry date of the visa could be a potential problem as border police may be unaware of the rules.
Posted: Mon Aug 01, 2011 12:45 pm
by mulderpf
sarah82 wrote:
Also our return date to morocco on tickets is 13 days after expiry of his visa! would this be a problem?
even though we can remain in eu for up to 90 days?
Your husband should leave the Schengen area on or before his expiry date of the visa, otherwise you will create huge issues for yourself in future. You are only allowed to stay in the Schengen area up to 90 days or upon expiry of your visa, which ever comes first.
There is nothing wrong entering the EU via a country different to the one who issued the visa (nothing is to say that your plans were not to enter via Netherlands and spend the majority of your time in Italy).
Be aware though, although a previous poster suggested that they will probably not check for a return ticket, your husband will be in a bit of trouble and probably denied entry if found to have a return ticket beyond the expiry date of his visa (and he SHOULD be in possession of a return date and the entry officer has all the rights to see this if he/she wishes to).
Posted: Mon Aug 01, 2011 12:51 pm
by 86ti
mulderpf wrote:sarah82 wrote:
Also our return date to morocco on tickets is 13 days after expiry of his visa! would this be a problem?
even though we can remain in eu for up to 90 days?
Your husband should leave the Schengen area on or before his expiry date of the visa, otherwise you will create huge issues for yourself in future. You are only allowed to stay in the Schengen area up to 90 days or upon expiry of your visa, which ever comes first.
It is not obvious from this thread but sarah82 is a dual national of the UK and ROI which means that Directive 2004/38/EC overrules the Schengen rules. Again, that does not mean that border police will handle the case correctly.
Posted: Mon Aug 01, 2011 1:26 pm
by Directive/2004/38/EC
sarah82,
I would strongly suggest you carry your marriage certificate with you when you travel with your husband. It is the way that, in an emergency, you can prove the relationship exists and that he is entitled to free movement rights largely the same as what you have.
Posted: Mon Aug 01, 2011 3:02 pm
by Punjab
regarding return tickets YES the immigration officer do ask for it.
I went to Hungary without my wife as a tourist and the IO asked me about proof of address where i will stay and my return ticket,.
fortunately i could speak little bit of hungarian and i told them i didn't know that i needed them and i think i might have rtn ticket in my suitcase. he looked at me surpricingly that i can speak hungarian a bit and then he said no problem...