trave to Shenghen area from the UK - non EU spouse & EU national

[ewasx]

Just to share some experience...

I am a French national living in the UK. My wife is a non-EEA national who has been granted Family Permit by the UK.

On the 1st of February 2018 my wife was denied boarding an easyjet flight from Luton to Paris, the reason invoked is that she didn't have any valid visa to France. After being denied boarding we went to the customer assistance desk and raised a complaint, we tried our best to tell them about the 2004/38/EC directive etc etc. The staff called their management, the manager printed for us the easyjet guidelines and indeed in it there is only mention of non-EEA national who have a residency card, there is nothing about non-EEA travelling with their spouse to the EU shenghen area.
We gave up and went to St Pancrass, bought an expensive one-way ticket to Paris and went to France without any issue at the border (French customs actually didn't even ask for our marriage certificate, it looked surprisingly even too easy, from one extreme - being rejected by easyjet - to the other - going through without any questions or proof of our marriage status).

We are now in the process of raising a complaint to easyjet and I anticipate that's going to take long... I want them to pay for all the costs (one way ticket to paris, trains, shuttles, meals, extra night in paris before being able to go to our final destination in Reims, etc etc). Wish us good luck.

The main thing I wanted to share here is that it seems this airline didn't provide up to date guidelines to its staff, which is very surprising as I am sure we are not the only ones travelling from the uk to Paris... And that's a 14y old EU directive for god sake.

[mgb]

Did your wife presented her residence card for the family member of eu citizen?

The IATA (International Air Transport Association) database give following advice:

Visa Exemptions
Passengers with a family member residence card issued by United Kingdom. The card must be issued to family members of a national of Switzerland or an EEA Member State . They are visa exempt for a maximum stay of 90 days and must travel with or travel to join the national of Switzerland or EEA Member State. This does not apply to passengers with a different type of residence permit.

http://www.iatatravelcentre.com/passpor ... ements.htm

[ewasx]

No, she does not have a residence card. I believe she travels under article 5 of the 2004/38/EC directive, but that I would leave it to lawyers. Only thing I know is that French custom officers regularly let us in the country with passport + marriage certificate.

[mgb]

In such a case the chances are slim to get compensation.
Normally the french border officer would have to issue a visa at the border if he follow the law.
Most of the airlines don't take the risk of a denied visa application at the destination airport. It is not the bussiness of the airlines to check marriage certificates.
Eurostar is easier. The french border control is in St Pancrass anyway.

[ewasx]

Thanks for the feedback, that's very interesting.
I have flown to countries where my co-travellers needed a visa on arrival, for instance (one could argue it was pure tax... not really a visa) and Thailand. I understand that airlines adapt to the situation, so for countries like Thailand I guess they know that most Chinese citizens (for instance) would get the visa on arrival and so are ready to take the risk. But I would assume that's the case too for a flight from London to the continent, given the large EU population in the UK my case is probably not uncommon at all.

Also, legally, I don't understand why somebody legally entitled to travel is denied boarding. Not that it will help my case, but surely, as a naive consumer, I would expect to be told beforehand that I can't board and shouldn't buy the ticket. I have seen people here on immigration boards reporting successful - however often with difficulties - travels with airlines, using the same route as we attempted.

[mgb]

A visa exempt entry or a visa on arrival in Thailand is based on the passport and not on a marriage certificate.
The directive give only a visa free entry for holders of a qualifying residence card. All other visa requiered family members can only get a visa at the border if they don't have a visa. As mentioned above it is not the bussiness of a airline to check marriage certificates.
If a family member got allowness to board without visa/residance card it was pure luck.

[takdeerwala]

I have travelled to Schengen Area from UK by flight with no problem. Non Eu spouse with EU citizen. The key here is to avoid cheap airlines like easyjet, thomas cook, ryanair. I travelled on full service airline Lufthansa from UK to Spain. Cheap airline like easyjet will need online checkin and that is a problem for non EU spouse with non EU passport. As per rules, non EU spouse can travel as long as it is clearly mentioned on their sticker in passport "Family Member of EEA citizen". Check-in staff of full service airline like Lufthansa are aware of this rule when I went to their counter for check-in. Manchester-Frankfurt-Barcelona. Besides airline, immigration staff at Frankfurt airport also ask some questions, if the person is not aware of such rules, they call other staff member. A copy of marriage certificate, utility bill should be kept with you just in case.

[mgb]

The wife of the OP didn't present a qualifying residence card with the wording "Family Member of EEA citizen".

[ewasx]

The wife of the OP didn't present a qualifying residence card with the wording "Family Member of EEA citizen".

That's not a resident card, so probably not the same value, but the Family Permit sticker on the passport says:
Type: D - EEA FP - FAMILY MEMBER To join xxx XXXXXXX

[mgb]

The schengen borders code is pretty clear. It has to be a qualifying residence card and not a visa from a non schengen country.

[takdeerwala]

The schengen borders code is pretty clear. It has to be a qualifying residence card and not a visa from a non schengen country.

Okay. So she cannot travel on EEA family Permit (which is not issued in UK) but can travel on EEA Residence Card (issued in UK) or EEA Permanent Residence Card (issued in UK) !!!

[dan1988uk]

https://europa.eu/youreurope/citizens/t ... dex_en.htm

Even EU website states that if the non EU family member does not hold a residence card he/she must have a valid visa to enter the Schengen Area.

[mgb]

https://europa.eu/youreurope/citizens/t ... dex_en.htm

Even EU website states that if the non EU family member does not hold a residence card he/she must have a valid visa to enter the Schengen Area.

Right and most of the airlines don't want to play immigration officer and decide if a visa at the border crossing at the destination airport is possible or not.
Eurostar and the ferries in Dover have the advantage that the french border control is on british ground. They don't have to take a risk.

[ewasx]

https://europa.eu/youreurope/citizens/t ... dex_en.htm

Even EU website states that if the non EU family member does not hold a residence card he/she must have a valid visa to enter the Schengen Area.

No, that's incorrect. The EU document itself mentions the resident card indeed, but, if you read further below in the page you shared:
Arriving at the border without an entry visa

It is always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa,[...]
to summarise, my humble understanding is that It is indeed possible to travel with your spouse without a visa requested prior to the trip and a visa should be issued on the spot (assuming your papers are alright and the local border authority agrees with that).

I believe this refers to article 5 of the 2004/38/EC document.

Right and most of the airlines don't want to play immigration officer and decide if a visa at the border crossing at the destination airport is possible or not.
Eurostar and the ferries in Dover have the advantage that the french border control is on british ground. They don't have to take a risk.

This I think is where things matter. It is not that I can't travel with my spouse without a visa prior to the trip. It is about what an airline is ready to do, or not, and, more importantly for me (and to stick to the topic) is whether or not I will be able to get some money from the airline. It seems the chances are pretty slim. I personally find it unfair. We have done nothing wrong as far as we know but yet will end up, again, paying. The process of getting married to a foreigner, whatever country you live in, seems to be costly, that's really exhausting at times.

[mgb]

If a airline would transport a family member without visa/residence card and a visa would be denied at the destination airport they would have to take all costs and a fine.