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

[LaurensINC]

Hello,

I see alot of questions about UK citizens. So that is why I make a special post for myself. It is really simple.

I am Dutch, and my gf is Russian. I currently live in Malta, and I want her to have the same privileges from the Schengen Zone as me. Would she get those when I would marry her? Would she be able to work and live everywhere in the Schengen Zone?

I know she could get a working visa, but they expire and are just really unhandy. So release me from my eagerness to know the answer to my question.

Thanks in advance

[John]

You are Dutch. If you are married then your wife will be classed as a Family Member, and thus have the same Treaty Rights as you, and that includes the right to live and work in any other EEA country. Not just Schengen countries! But certainly including those countries.

But documentation would be required to prove those rights are held. A Residence Card will do that.

[askmeplz82]

Any experience guys travelling alone to Poland with Just EEA2 UK residence card + Marriage certificate to join EEA spouse ( if spouse is Polish national )

[nezamr]

Ok i wish to share my recent experience.

I am an EU (British) citizen. My wife is an Iranian national with ILR.

We booked a short holiday in October 2014. Flight from Manchester to Amsterdam, 2 nights in Amsterdam then on to Paris for 3 days before returning to Manchester. As our main destination was Paris we booked an appointment at the French embassy in London 8 weeks before our flight for a schengen visa. We submitted an application form and enclosed all the requested documents.

The following day the embassy called to ask that we pick up the passport. Due to work commitments we were unable to attend the following day and were told to attend the following week. When we picked up the passport we noted that the embassy had stamped a rejection stamp in the passport and enclosed a piece of paper advising that they were unable to issue the visa because the Netherlands was the first schengen country of entry and that we should apply at the Netherlands embassy.

I immediately telephoned the Netherlands embassy in Manchester and asked for the next appointment to submit an application for my wife's schengen visa advising them that our flight was 6 weeks away. I was advised that their next appointment was in 4 weeks and as my wife was an Iranian national, it would take a further 4 weeks to process the visa due to additional 'security checks' that were required. They advised me not to bother making an application as it was too late.

At this point we had spent over £500 on flights and hotels thinking that we had followed the correct procedure and allowed plenty of time for a visa to be issued.

In the circumstances we decided we had nothing to lose but try and travel without the visa. Our flight to Amsterdam was with easyjet and our flight back from Paris was with ryanair.

I checked in online and we headed to the airport. At Manchester, if you check in online you only need to scan your boarding pass prior to the scanners and xray mechines to get to the gates. There is no check of your passport or visas at this stage. As expected we had no problem getting through security and we sat in the bar while we waited for our gate to open. Easyjet check all passports and visas at the actual gate.

Once the gate was announced we headed to it and queued up. We were about halfway in the queue. I asked my wife to stand in front of me as i wanted her to get checked before me. Easyjet scan the boarding passes and the computer then states whether a visa is required by the passenger or not. It seemed everyone before my wife did not need a visa as the young man checking the boarding passes and passports only briefly glanced at the passports before letting them through. When it my wife's turn he scanned her boarding pass and the computer flashed 'schengen visa required'. He asked whether she had a visa. I responded saying she was the wife of an EU national and proceeded to show him her old UK 2 year spouse visa (which was now expired and located in her old passport). He briefly looked at it and said 'OK that's fine' and let her through. Maybe he accepted it because the visa states that she is the Spouse of xxxxxxx. Although he let her through before looking at my passport.

We boarded the flight to Amsterdam and i thought of what i was going to say to the immigration officer on arrival. I decided i would give our evidence incrementally and only if it was required so i could advise you all what is and is not accepted. We had our marriage certificate, translation of marriage cert, bank statements, council tax bills and driving licences with us to show that we were married and living at the same address. I also had the Directive 38 both in English and Dutch ready to show them of our rights.

When we arrived at Amsterdam and headed to the passport check. I could feel the sweat running down my back. I placed both our passports on the counter and waited to be asked about my wife's missing visa. He looked through her passport and noted the French rejection stamp. He said 'no schengen visa?'. I paused and said no. There was a short period of quiet as he looked at me with a confused look while he waited for me to explain myself. I then advised him that I was an EU citizen and that she was my wife. He asked if i had any proof. I decided i would see if the 2 year spouse visa i had showed the easyjet staff was enough to satisfy him that we were married. He looked at it and advised that he needed to speak to his superviser. Within 30 seconds another immigration officer came to the counter and the two officers briefly spoke. The superviser advised him to stamp her passport and let us through. We were through and continued with our holiday.

Now i knew that the officer had only stamped a entry stamp and had failed to issue a visa but decided to not question it as i didn't want to risk being referred to another immigration officer who took a different view and refused entry instead. So we continued with our holiday and thought nothing of it.

On our last day i decided we should go to the airport a couple of hours early and see if i could get an immigration officer at the airport to issue a visa before we left. We are looking to visit a couple more schengen countries in the next few months and thought it would be quicker and easier to do it at the airport.

Now the 'Paris' airport ryanair use is a tiny airport approximately 75 minutes from the centre of Paris. There is a check in desk and a ticket sales desk. I marched up to the check in desk and asked to speak to an immigration officer. I was referred to the sales desk who in turn told me to press a door bell located on the wall near the toilets. I pressed the button and an immigration officer opened a nearby door.

I advised the officer that my wife had an Iranian passport and did not have a visa. I advised him that the immigration officer in Amsterdam had incorrecly failed to issue the visa and had only stamped an entry stamp. I showed him the Directive and advised him that we were married. He looked at my passport, my wife's passport and her residence permit noting her ILR. He then advised me that she did not need a visa as she was the spouse of an EU national. I pointed out that that would have been correct had she have had an EU residence permit noting that she was my spouse but because her ILR card did not note this and as such she needed a visa. I advised him that we were considering remaining in Paris for a week and didn't want to have any problems with our stay. He consulted his books and computers and advised that he was 100% sure that a visa was not required. He consulted 2 other officer who both agreed that the ILR and us carrying our marriage certificate was enough to allow us to travel and remain in any EU country for a period of up to 3 months without a visa. I continued to protest and insist that a visa was required. He finally gave me his contact details and advised me to carry it with me and to ask anyone who stopped us to contact him where he would confirm our right to reamin.

We left his office and checked in and returned back to Manchester and back home.

So to sum up the documents which we needed to travel:

1. My UK Passport
2. My wife's Passport
3. My wife's expired Passport contained an expired 2 year spouse visa
4. My wife's residence permit noting her ILR (to return to the UK)

[Donutz]

Thanks for sharing! I wouldn't have expected Easyjet to let her board (most airliners still don't know about the Directive or because they don't want to risk a fine and costs for returning passengers that may be declined at the border simply often chose to decline boarding).

Anyway you should complain to:
- The French embassy (CC copy to the French Ministry of Foreign Affairs)
- Dutch embassy (CC to Dutch MFA)
- EU Home affairs
- EU representation ("EU embassy") in UK

The French were wrong because France was the country of longest stay. Schengen visas need to be applied for in the country of longest stay. Only of there is no main destination country should you apply at the country of first entrence. So the French shouldn't have denied the visa. Legal basis: visa code article 5.

The Dutch should have given an appointment within 2 weeks of the request for an appointment. And the visa application itself should be done within 15 calender days. Visa code article 9 and article 23 resectively (under 2004/38 the accelerated procedure applies which has been put at the maximum of two weeks which is the maximum Schengen processing time for complete applications).

See also the visa Handbook found on the EU Home Affairs website:
- site: http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm
- handbook: http://ec.europa.eu/dgs/home-affairs/wh ... ted_en.pdf
- the Schengen visa code itself is also found on the EU site.

From about page 83 onwards is a chapter dedicated to EU family member applications.

Under the the Directive your wife would ofcourse be entitled to a free visa, provided that you show you are married, traveling together (or going to join the EU spouse) and they can ID the both of you. There should be no need for bankbooks, insurance, accomodation etc. since all that is irrelvant if you can show that she is your wife.

Only by complaining to the embassies and those who stand above them (their MFA's and the EU) can things such as incompetence or unwillingness from EU embassies or individual officials be countered and changed for the better for future applicants and applications.

[gavinR]

I together with my two kids are British, my wife South African with Indefinite leave to remain. Her passport expires on 80 days before we intend to leave France and they won't even accommodate a meeting for a Visa. I plan to travel via the tunnel and deal with the consequence. We will take our marriage certificate and I hope that we will be able to visit for 7 days.

I am really relying on the following from the border guards handbook

7.10
When a member of the family of an EU/EEA/CH citizen, accompanying or joining the EU/EEA/CH citizen in question, arrives at the border without being in possession of the necessaryvisa,theMemberStateconcernedmust,beforeturninghim/herback,givesucha personeveryreasonableopportunitytocorroborateorprovebyothermeansthathe/sheis covered by the right of free movement.

If he/she succeeds in doing so and if there is no evidence to establish that he/she represents a risk to the requirements of public policy, public security or public health, the visa must be issued to him/her without delay at the border.Thevisahastobeissuedforfree.

What are the chances or is the wife spending Christmas alone!!
Thanks

[Donutz]

That the pasport will expire in less then 3 months is not relevant either for EU/EEA applications. You could contact Solvit and complain to the embassy, French MoFA and notify the EU. Even an expired passport does not mean you cuoldn't gain entry though that would certainly complicate things to a level that goes above what I know (certain EU court rulings).

[nezamr]

Thanks for sharing! I wouldn't have expected Easyjet to let her board (most airliners still don't know about the Directive or because they don't want to risk a fine and costs for returning passengers that may be declined at the border simply often chose to decline boarding).

Anyway you should complain to:
- The French embassy (CC copy to the French Ministry of Foreign Affairs)
- Dutch embassy (CC to Dutch MFA)
- EU Home affairs
- EU representation ("EU embassy") in UK

The French were wrong because France was the country of longest stay. Schengen visas need to be applied for in the country of longest stay. Only of there is no main destination country should you apply at the country of first entrence. So the French shouldn't have denied the visa. Legal basis: visa code article 5.

The Dutch should have given an appointment within 2 weeks of the request for an appointment. And the visa application itself should be done within 15 calender days. Visa code article 9 and article 23 resectively (under 2004/38 the accelerated procedure applies which has been put at the maximum of two weeks which is the maximum Schengen processing time for complete applications).

See also the visa Handbook found on the EU Home Affairs website:
- site: http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm
- handbook: http://ec.europa.eu/dgs/home-affairs/wh ... ted_en.pdf
- the Schengen visa code itself is also found on the EU site.

From about page 83 onwards is a chapter dedicated to EU family member applications.

Under the the Directive your wife would ofcourse be entitled to a free visa, provided that you show you are married, traveling together (or going to join the EU spouse) and they can ID the both of you. There should be no need for bankbooks, insurance, accomodation etc. since all that is irrelvant if you can show that she is your wife.

Only by complaining to the embassies and those who stand above them (their MFA's and the EU) can things such as incompetence or unwillingness from EU embassies or individual officials be countered and changed for the better for future applicants and applications.

Hi Donutz,

I have received a PM message from you but as a new member i can't read it!

I would love to complain to the bodies you have advised, but unfortunately i just don't have the time to do it.

[Donutz]

I send the PM (which basically is a copy of my post in this topic) in the hope you might get an e-mail.
A coplaint doesn't take that long, you could more or less copy/paste your message from this topic and send it the adresses below (don't send them to any outsourced partners, that's a waste of time). So if you could spare 20-30 minutes of your time:

FRENCH:
1. The French embassy (use the French .fr e-mail adress)
-- http://www.ambafrance-uk.org/Contacts,21478
2. Possibly the contact form:
-- http://www.ambafrance-uk.org/Contact-us-21735
3. French MFA, I cannot find an online form or e-mail adres, only regular contact adresses:
-- http://www.diplomatie.gouv.fr/en/the-mi ... esses-2530

DUTCH:
1. The consulate in Edinburgh can be contacted via:
- http://unitedkingdom.nlembassy.org/orga ... consulates
2. The embassy can be contacted via:
-- http://unitedkingdom.nlembassy.org/orga ... ondon.html
3. The Dutch MFA, complaint department (dealing with compaints directed at the MFA including foreign missions), can be contacted via:
-- djz-nr-klachten [at] minbuza.nl
( http://www.rijksoverheid.nl/ministeries ... ehandeling )

The European Commission:
To share your experience, with sufficient complaints they'll look into it and since they are currently working on new Schengen visa rules, they might be interested in knowing how the current rules are applied in practise by some embassies:
1: http://ec.europa.eu/dgs/home-affairs/wh ... us2_en.htm

[ban.s]

We booked a short holiday in October 2014. Flight from Manchester to Amsterdam, 2 nights in Amsterdam then on to Paris for 3 days before returning to Manchester. As our main destination was Paris we booked an appointment at the French embassy in

If 3 days in Paris means 2 nights in Paris, then it's equal stay in both France and Netherlands.

So there is no main destination and Netherlands , being the first country, should have been chosen for the visa application. French embassy's decision is likely to be correct.

[kamransh]

Hi,
I was on EEA permit based on a family member of a EEA national for 2 years (3 years remaining). I recently applied for ILR based on 10 years stay in UK. I have now received my ILR however HO have stamped 'LEAVE SUPERSEDED BY BIOMETRIC RESIDENCE PERMIT'

Now, EEA permit allowed me to travel visa free with my wife but now as I have ILR aswell does that mean my EEA permit is cancelled? Reading through the EEA rules it seems like EEA permit is given based on EU regulations rather than UK so how can HO supersede it when it is not a leave.

Would I now need to apply for a visa to travel to EU?


Your help is appreciated.

thanks

[xplor3r247]

Dear Gurus,

This is my first time on here and I am aware this topic has flooded this site, i really really needs your help please.

I am a British Citizen living in the UK. My wife (legally married in UK) is a Pakistani citizen who has LTR in the UK and is issued with a Biometric Residence Permit Card.

I am planning a weeks holiday to Portugal and would like to take her with me. I would like to know if she can travel with me without any problems or would i need to arrange a Visa for her? I have read some many articles online which have now confused me

Majority of the research suggests under the EU freedom of movement she can travel to Portugal providing i travel with her and she has a residence card.

So would she need a visa? Or any other documentation?

I really hope someone can help.

Thanks.

[FOR_ILR]

Me and my son (3.6 years old) are UK citizens and my wife + 2nd kid are holding UK Dependent of Settled person visa, will they be eligible to travel to EU (Schengen) countries along with me visa free???

Both my wife and 2nd kid are holding Indian Passport, as their visa states Depended - Settled Person, is it considered as a EU/EEA Citizen dependent visa??

Thanks,

[FOR_ILR]

Me and my son (3.6 years old) are UK citizens and my wife + 2nd kid are holding UK Dependent of Settled person visa, will they be eligible to travel to EU (Schengen) countries along with me visa free???

Both my wife and 2nd kid are holding Indian Passport, as their visa states Dependent - Settled Person, is it considered as a EU/EEA Citizen dependent visa??

Thanks,

Hi Gurus - Does my wife and child qualify for EU family member visa?

Thanks,

[ban.s]

Me and my son (3.6 years old) are UK citizens and my wife + 2nd kid are holding UK Dependent of Settled person visa, will they be eligible to travel to EU (Schengen) countries along with me visa free???

Both my wife and 2nd kid are holding Indian Passport, as their visa states Dependent - Settled Person, is it considered as a EU/EEA Citizen dependent visa??

Thanks,

Hi Gurus - Does my wife and child qualify for EU family member visa?

Thanks,

Your wife and child will need to apply for visa prior to their travel.
They will be issue visa free of charge as family members of EU citizen.
You'll need to provide a) documents confirming relationship (marriage certificate, birth certificate b) your passport c) proof of travelling together to the schengen area (such as tickets)

[goodChloe]

so many usuful information provided! thanks to all

[robertgr]

Hello,

I have had a look at some of the posts here and they have been helpful, but I am still confused. I'll be as brief as I can. My wife is a non-EEA national who recently obtained ILR in the UK. We decided to visit Germany for Christmas and were satisfied after reading info on the German consulate's website that she could travel with me, a UK citizen, without a visa. We went via Eurostar and so were checked by French immigration in St Pancras. They gave us a hard time because her residence card did not say "family member of EEA national" on it (only "residence permit"), but let us through eventually on the basis of her original (outdated) spouse visa. On the return journey Belgian immigration in Brussels were even more unhappy, but let us go through because we were going home. I've just checked both French and German websites again, and, to be fair, they do both specify that the person travelling needs to have a card which says either "Permanent Residence Card" or "Family Member of EEA National", and my wife's card doesn't correspond to either of these. In that case, why was my wife not issued with one of these types of card originally, and how can she apply for one? I can't find any information about this on UK government websites.

[sankyb84]

All

I wanted to check on any recent changes to the rules. I recently became a British citizen and my wife came to UK last year in a spouse dependent visa.

We want to travel to France over this Easter break and wanted to check if we can land in Paris with just the below documents? Does anyone with similar experiences recently tell me if it has worked fine for them?

1. My British passport
2. Wife's Indian passport (with the spouse visa stamped)
3. Our marriage certificate
4. Return tickets?

Thanks
Sankyb84

[mota]

Hi guys, hope u can help me pls,

I recently got my PR in my new non Eu passport, and still got my RC in my old passport which is valid till mid 2016 and home office didn't cancel it, I was wondering, since I can't travel to France or any Schengen country with my PR, can I show my RC in my old passport to passport controller or airline officer instead? ( I'll travel with my swiss national wife)

[facebook.user]

i traveled to hungary with UK residence card. They did not stamp on anything and when i came back, the officer told me that i can even go to EU/ British passport section with that residence card.

[mota]

yes i know every one can travel to EU with RC (EEA2) as long as they travel with his or her EU partner. but since I've got my PR i need to know if i still can travel with my RC?

[pragneshmpatel]

Hi,
does ILR BRP card same as EEA resident card?
My wife has non eu passport with ILR BRP card in UK. I got british passport. can she travel to Czech without schenegen visa?

[andresp]

Hi Ya,

non eea, travelling on Friday to spain, I am married to a spanish national, at the moment I have got permanent residence, ready to apply for british passport after 6 years of being married, my only concern is that my eea permit ended last year so I've got the residence permit, I am travelling to my wife and I am taking my uk marriage certificate and the Libro de familia cause we registered the marriage at the spanish embassy. But as we are travelling with Ryanair, I do not what to expect as probably they do not that I can travel without a visa, so any advise of how to deal with the people of Ryanair?.

[anjath]

Hello All,
I have got British citizenship through Naturalization and my wife is currently on residing ILR. We have got plans to visit France. The documents that i have got at the moment are .
1. Marriage certificate issued from India in English.
2. Travel itenary & hotel bookings.
3. Bank statement is addressed to both of us( a joint account)
4. My employers letter (She is not working).
5. Her passport have got my name in Spouse column.

We had travelled to Paris before(4 yrs ago) and at that time these documents was good enough and even got a 1 yr visa at that time. Now having read about the new requirements about the attestation by the external affairs ministry etc, i am confused. If a marriage certificate is in english, and as i have used that in the past for french visa, additionally having my name in her passport, should we need to have more documentation?
Her name was also present in my indian passport, but since the naturalization, i had surrendered my passport.

Any valid suggestion on this topic is much appreciated and will be helpful for me.

Thanks
Anjath

[Our Man in Lima]

Hi, and thank you for the information shared on this thread - I have had success this weekend travelling under the advice of the original post, as follows:

Travel from UK to France in June 2015, via the Channel Tunnel to Calais in a car. My wife is British-Peruvian, I am British, and we were travelling with my Mother in Law who has a UK Type C Family Visa (6 months) (but no Schengen Visa at all). We took a copy of the EU Directive just in case it was needed, but the French Border control took all three passports for inspection, and stamped my mother in law's Peruvian passport with a French entry stamp - it did have "90" as part of the stamp which we assumed was a temporary 90 day visa....but I do not know if this could legally be used to travel through the rest of Europe. We did so anyway and travelled to Germany, without any problems.