rights for non-eea spouse in the schengen area

bunny80 · Post by **bunny80** » Sun Sep 07, 2008 9:24 pm

i've been reading many pages on this but i still don't get it... i am a romanian/ EEA national and i plan to marry my american girlfriend in denmark but i just don't understand what her rights will be after this happens.

is it true that she has the same rights as i do as long as we travel together and we have our marriage certificate(this is what i've told by an UK solicitor but i don't know what to believe anymore)? does she need a family permit or a residence card that takes years to get? will she have problems because local authorities are too retarded to understand EU laws or are simply having one of their power tripping days(at least this seems to be the case from the cases i've been reading about)?

i don't have a stable address in any EU country as i am self-employed and can work from home on the internet but does that change anything for her? what exactly does she need to do before her 90 days schengen visa expires?

thanks.

PS: not sure if it changes anything but we won't be visiting any airports since i am scared Â£$%&less of flying

sakura · Post by **sakura** » Mon Sep 08, 2008 11:04 am

bunny80 wrote:i've been reading many pages on this but i still don't get it... i am a romanian/ EEA national and i plan to marry my american girlfriend in denmark but i just don't understand what her rights will be after this happens.

is it true that she has the same rights as i do as long as we travel together and we have our marriage certificate(this is what i've told by an UK solicitor but i don't know what to believe anymore)? does she need a family permit or a residence card that takes years to get? will she have problems because local authorities are too retarded to understand EU laws or are simply having one of their power tripping days(at least this seems to be the case from the cases i've been reading about)?

i don't have a stable address in any EU country as i am self-employed and can work from home on the internet but does that change anything for her? what exactly does she need to do before her 90 days schengen visa expires?

thanks.

PS: not sure if it changes anything but we won't be visiting any airports since i am scared Â£$%&less of flying

Please refrain from calling people retarded.

This site has a good overview of your/her rights.

Where exactly are you planning on settling? Whichever country you finally decide on, before her visa-waiver expires, you should submit an application form for a residence card based on the European directive (the name varies country by country), which she should receive within six months.

The problem is that, since you are a new EU national, I believe that some older EU states have placed restrictions on your movement, so you would have to find out which countries you can move to first. Does Denmark provide the same rights as for the old EU states?

bunny80 · Post by **bunny80** » Mon Sep 08, 2008 2:44 pm

we want to settle in the UK(i said schengen in the title because someone was saying the UK is much tougher to get into with a no-EEA spouse). the new EU citizens have work restrictions not movement ones, so i can live wherever i want as long as i am self-employed or self-sufficient.

this is the quote from the solicitor i saw a few weeks ago:

Following your wedding your partner should obtain a EEA family permit for entry to the UK if travelling alone. If travelling together you could travel without the permit, so long as you can show on arrival at the airport that she is your family member i.e. spouse. This would mean showing your status as EEA national and your marriage certificate. If this is in another language you would have to have the original as well as a certified English translation.

so does that mean we are free to enter the UK(even without a fam permit) as a couple but she needs a residence card once we get here? i assume she can stay with me in the UK until she gets the residence card, as she isn't considered as being here on a visitor visa anymore? would she need to go back to the US at any point?

charles4u · Post by **charles4u** » Thu Sep 18, 2008 1:31 pm

this is the quote from the solicitor i saw a few weeks ago:

Following your wedding your partner should obtain a EEA family permit for entry to the UK if travelling alone. If travelling together you could travel without the permit, so long as you can show on arrival at the airport that she is your family member i.e. spouse. This would mean showing your status as EEA national and your marriage certificate. If this is in another language you would have to have the original as well as a certified English translation.

Hello BUNNY80, Who told u or wrote this to you that you can go to UK with you partner with just your residence card and when did they tell you this and who? the UK EMBASSY?

Well am married with a Romania here in Romania and I wanted to go meet her in UK and I was told I need an EEA FAMILY PERMIT which is more like a visa.
But normally I dont need visa to any other EU country except UK and IRELAND.

So maybe the UK thing as change I dont know ..but having a FAMILY MEMBER CARD OF EU, u dont need a visa for any EU country except UK and IRELAND

Richard66 · Post by **Richard66** » Thu Sep 18, 2008 4:37 pm

This is almost what the UK Consul told me, except that the EEA FP can only be used when travelling together or joining the EEA family member.

Even if you can enter the UK armed with a marriage certificate, you unfortunately need first to convince the airline to let you board.

charles4u · Post by **charles4u** » Fri Sep 19, 2008 2:29 pm

well when it comes to airline I think that wont be a problem from here but the problem will be in UK itself which am sure according to what they say by not having this card, the airline will be fine and u r still likely to be deported.

Well I dont know what to even think abt this anymore. my wife is working there and its being hard to go..anyway I will re-apply for the EEA thing again and let me see the last result from them (UK).

Richard66 · Post by **Richard66** » Fri Sep 19, 2008 4:43 pm

No, if you manage to board the plane the UK will let you in, provided you can prove you are a family member (marriage certificate, for example. To solve this problem, I had our marriage certificate deposited in the UK, so, when we eventually will travel, we actually will have a BRITISH document to prove we are married!) with the right to accompany or join the EEA Citizen. This is written into the EEA Regulations that in the UK came into force on 30 April 2006, transposing Directive 2004/38. I received a letter from the British consulate guaranteeing this.

86ti · Post by **86ti** » Fri Sep 19, 2008 4:47 pm

Richard66 wrote:No, if you manage to board the plane the UK will let you in, provided you can prove you are a family member (marriage certificate, for example. To solve this problem, I had our marriage certificate deposited in the UK, so, when we eventually will travel, we actually will have a BRITISH document to prove we are married!) with the right to accompany or join the EEA Citizen. This is written into the EEA Regulations that in the UK came into force on 30 April 2006, transposing Directive 2004/38. I received a letter from the British consulate guaranteeing this.

It is also in the Border Control Regulations. Probably the document that may help you most if you make it to an IO.

Richard66 · Post by **Richard66** » Fri Sep 19, 2008 4:51 pm

And when you make it and pass the IO, show your tongue to him!

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rights for non-eea spouse in the schengen area

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