UK citizen / non EU wife wanting to travel through Poland

[MrTarot]

My wife is resident in Belarus with Belarus passport and has an interview for a UK visa this week so that she can live with me in the UK. Presuming that this is successful (fingers crossed) she will travel to me by the normal route through Poland or Latvia as direct flights from Belarus to UK run to stupid money and involve a connection anyway!!

I can see many people on this board are asking questions about Directive 2004/38/EC regarding spouses and it seems this also applies in our case. Does anyone know if Poland or Latvia are actually following the directive? My wife enquired in the Polish embassy (explaining the UK visa application) and they told her it would be 60 euros for a transit visa (2 entries) and that they certainly wouldn't give her a multiple entry visa giving her freedom to travel from UK to Belarus when needed. Things in the Polish embassy in Belarus are probably not helped by the terrible relationship between the 2 countries at the moment.

Since her visit to the embassy I found out about Directive 2004/38/EC and she will print that and take it with her on another visit to the Polish embassy.

Should my wife be able to get the schengen visa for free using a copy of my passport, her passport and wedding certificate? or do I need to go to Belarus myself and apply with her? I am currently in the UK. I saw on another post that it is probably acceptable that she will travel through schengen area without me IF she is travelling to meet me. Does anyone have experience of this?

Any help on this or knowledge of how Poland is operating new schengen controls and Directive 2004/38/EC would be really helpful. As you can imagine we have been having quite a stressful time after firstly taking 6 weeks of waiting to be allowed to marry in Belarus (I have an understanding boss at work!) and then UK visa application. She also has the added worry that Belarus seems to stop its own citizens from leaving the country when they feel like it.

[MrTarot]

Well the first good news is that wife got a visa for the UK.

She then went to the Polish embassy armed with print outs of Directive 2004/38/EC and prepared for a battle. After lots of behind the scenes talking and running around they said that they can give her a mutiple entry transit visa for free lasting either 6 months or 12 months, they will decide how long it will last behind closed doors and she will find out when she gets the visa back.

While I am pleased she can now travel back and forwards through Poland I thought the whole point of Directive 2004/38/EC is that she should the same free movement as me within europe? So therefore she should have been given a visa granting her free movement within europe and not just a transit visa giving only 5 days within europe for each trip. I guess also with the transit visa she has to prove an onward journey? My understanding is that we wouldn't be able to go to say France or Spain for a weekend with this visa. We should however have the right to do this. Any recommendations?

Maybe she should just get here using the transit visa and then once she is here we can apply for a proper schengen visa. Please tell me if I am understanding the situation correctly.

[Directive/2004/38/EC]

If you are travelling with your wife, she has a right of free movement in the EU. If you want a full Schengen visa, then just ask for it. They are not required to issue you with multiple entry.

If you need help, contact Solvit. http://eumovement.wordpress.com/help-eu-solvit/

[Directive/2004/38/EC]

Will you be travelling with your wife, or will she be travelling to see you? Can I ask why you do not live together?