Once and for all..

[Hexy]

1. If a spouse is an EEA National, are they both, free to travel amongst the other EEA countries?
2. If a spouse of an EEA National is allowed free travel within those countries, is the child of the non EEA spouse allowed the same freedom?

If there is a standard, why in the heck don't the border patrols know these standards? It is their PAID job is it not?

[Wanderer]

1. If a spouse is an EEA National, are they both, free to travel amongst the other EEA countries?
2. If a spouse of an EEA National is allowed free travel within those countries, is the child of the non EEA spouse allowed the same freedom?

If there is a standard, why in the heck don't the border patrols know these standards? It is their PAID job is it not?

I think;

1. Only if the EEA national is exercising a Treaty Right.

2. Yes.

[Hexy]

Treaty right?

[Wanderer]

Treaty right?

If the EEA national is living/working/studying in an EEA state other than his own - exercising his treaty rights.

[mym]

Treaty right?

Clearly defined in the Directive.
You have read it I suppose?

http://www.ukba.homeoffice.gov.uk/sitec ... annexb.pdf

[JAJ]

If there is a standard, why in the heck don't the border patrols know these standards? It is their PAID job is it not?

They will expect to see a passport stamp proving a right to travel.

[Ben]

If there is a standard, why in the heck don't the border patrols know these standards? It is their PAID job is it not?

They will expect to see a passport stamp proving a right to travel.

Care to elaborate? Why would a border patrol / immigration officer expect to see a passport stamp proving a right to travel? What "passport stamp" would this be?

[Directive/2004/38/EC]

1. If a spouse is an EEA National, are they both, free to travel amongst the other EEA countries?
2. If a spouse of an EEA National is allowed free travel within those countries, is the child of the non EEA spouse allowed the same freedom

For periods of under 90 days, both the EEA national and the spouse can go to any EEA country for any reason (to see a rubbish, to work, to sleep). The spouse, depending on their nationality, be required to get a visa, but that is a mere formality.

Can you please explain the situation that gives rise to your question. Without a little context it is impossibe to answer your question in more detail.

[Hexy]

Well firstly I see so many people asking do I need schengen visas for this or that when they are married to a EEA National.

Secondly the answers I see are youll need a schengen to visist the country youll be in the longest.

Thirdly I see answers of just the opposite with the freedom of movement referred to.

Forthly and finally, Ill be married to and French National, I am American and my son will be with us. I just wondered those things for our random long weekend jaunts to say, England, or Germany, or Italy...etc.

Ive read as much as has been posted here regarding regulations and laws. It just seems odd that there are still so many border security questioning what is apparently very clear and simple.

[Ben]

..Forthly and finally, Ill be married to and French National, I am American and my son will be with us. I just wondered those things for our random long weekend jaunts to say, England, or Germany, or Italy...etc.

US citizens a not visa-required anyway.

[JAJ]

Care to elaborate? Why would a border patrol / immigration officer expect to see a passport stamp proving a right to travel? What "passport stamp" would this be?

They are not in a position to assess bona-fide marriage etc so once again, they are entitled to expect to see a visa stamp in a passport proving the right to travel.

Airline and other commercial transport staff are also entitled to take a similar view.

[Ben]

They are not in a position to assess bona-fide marriage etc so once again, they are entitled to expect to see a visa stamp in a passport proving the right to travel.

Airline and other commercial transport staff are also entitled to take a similar view.

Ok, a visa is very different from a passport stamp. But anyway..

Immigration officers and airline staff may be entitled to expect to see a visa, in the passport of visa required nationals, but when presented with documentation evidencing that an individual is exempt from the requirement to have a visa, they should be sufficiently trained to recognise it.

[stmellon]

Treaty right?

If the EEA national is living/working/studying in an EEA state other than his own - exercising his treaty rights.

Surely moving to an EEA state also = exercising treaty rights?

[Ben]

Treaty right?

If the EEA national is living/working/studying in an EEA state other than his own - exercising his treaty rights.

Surely moving to an EEA state also = exercising treaty rights?

If you can demonstrate self-sufficiency, yes.

[mym]

Treaty right?

If the EEA national is living/working/studying in an EEA state other than his own - exercising his treaty rights.

Surely moving to an EEA state also = exercising treaty rights?

Yes, for the first 90 days. Not afterwards.

[86ti]

Treaty right?

If the EEA national is living/working/studying in an EEA state other than his own - exercising his treaty rights.

Isn't there the special case that you just need to provide services across borders without being physically resident in another member state?