UK ILR - SPOUSE OF BRITISH NATIONAL

[moonman007]

Hi - Can you pls guide me about the schengen visa and the EU FREE TRAVEL DIRECTIVE? I have been granted ILR this year and would like to know if I can travel to France with my wife (British National) without a visa. I am a non-eu passport holder.

Thanking you for you kind help.

[Rozen]

Hi - Can you pls guide me about the schengen visa and the EU FREE TRAVEL DIRECTIVE? I have been granted ILR this year and would like to know if I can travel to France with my wife (British National) without a visa. I am a non-eu passport holder.

Thanking you for you kind help.

"ILR" is under UK immigration law, so you DO need a Schengen visa. But it's issued free of charge.

"Residence Card of Family Member of EU national" endorsed in passport is under EU Directive, and you usually do not need a visa!

[Ben]

Crucially, moonman007, is your spouse a British citizen, or does she hold another form of British nationality?

[moonman007]

Crucially, moonman007, is your spouse a British citizen, or does she hold another form of British nationality?

She is a British Citizen. So I have no chance of free travel without a schengen visa....then

[Ben]

She is a British Citizen.

What Rozen said is correct then.

So I have no chance of free travel without a schengen visa....then

No no, you have a chance, and technically, according to the Directive, you can, providing you have you marriage cert on you. Hardest part though, would be trying to board the plane. Personally, I wouldn't bother. Far too many hurdles and too much stress. Schengen visa it is then.

[moonman007]

She is a British Citizen.

What Rozen said is correct then.

So I have no chance of free travel without a schengen visa....then

No no, you have a chance, and technically, according to the Directive, you can, providing you have you marriage cert on you. Hardest part though, would be trying to board the plane. Personally, I wouldn't bother. Far too many hurdles and too much stress. Schengen visa it is then.[/quot

So if I apply for this - Permanent residence (non-EEA or non-Swiss national family members of EEA or Swiss nationals) by filling this form * Form EEA4 - Do I have the right to travel- Honestly I think this would be quicker than a schengen visa....

[ciaramc]

The only way you would be issued with this type of residence card is if your spouse had lived and worked (exercising treaty right) in another EU country which is not his own?

Has your husband ever lived and worked in another EU country>?

[Ben]

So if I apply for this - Permanent residence (non-EEA or non-Swiss national family members of EEA or Swiss nationals) by filling this form * Form EEA4 - Do I have the right to travel- Honestly I think this would be quicker than a schengen visa....

No. You are confusing yourself. Forms EEA1, EEA2, EEA3 & EEA4 are forms to be completed by EEA nationals (other than UK nationals) / their family members, who are residing in the UK in accordance with the provisions of the Directive. There is an exception, however, where a UK national has been exercising a Treaty right in another Member State and has since returned to the UK with his family members.

Unless the above exception applies in your case, the EEA forms are not applicable to you, since you are the spouse of a UK national and resident in the UK in accordance with UK national regs (not EU regs).

Can I ask, what nationality are you?

[moonman007]

So if I apply for this - Permanent residence (non-EEA or non-Swiss national family members of EEA or Swiss nationals) by filling this form * Form EEA4 - Do I have the right to travel- Honestly I think this would be quicker than a schengen visa....

No. You are confusing yourself. Forms EEA1, EEA2, EEA3 & EEA4 are forms to be completed by EEA nationals (other than UK nationals) / their family members, who are residing in the UK in accordance with the provisions of the Directive. There is an exception, however, where a UK national has been exercising a Treaty right in another Member State and has since returned to the UK with his family members.

Unless the above exception applies in your case, the EEA forms are not applicable to you, since you are the spouse of a UK national and resident in the UK in accordance with UK national regs (not EU regs).

Can I ask, what nationality are you?

I am from Nepal. So it is on with the SHCENGEN VISA THEN....Cheers

[Ben]

I think it's your best bet, yes.

[Directive/2004/38/EC]

http://eumovement.wordpress.com/2007/04 ... u-citizen/

I just came back from france with my husband. I am spouse of british citizen with settlement visa in the united kingdom. I was allowed entry without visa and my passport was not stamped in france.

Don’t forget to take your marriage certificate as a proof of relationship. there shouldn’t be any problem to visit france without a visa with eu spouse.

Also, depending on where you go in Europe, choosing the right embassy can be a real win. If you have had a schengen visa in the last year and are the family member of an EU citizen, Germany allows you to apply again by post. That will not help you the first time, but subsequent renews will be very easy.