Immigration

[Tinibee]

Hi

[sky07]

Your husband is not family member of EEA. I'm sorry but you will have to go through hassle of schengen. I had to look on french embassy website for my boss and the first appointment is 28th July

[Wanderer]

Sky07 is correct - visa required. He'll need a British Passport for visa free travel and that takes three years from the start of his spouse visa.

Schengen visa is easy, English is my partners second language and she's never had a problem and it's more difficult for her as we are not married.

[ciaramc]

Not that difficult to get a schengen visa it should be issued free of charge! The only problem will be trying to get an appointment!

The only way he would have free movement would be if both of you moved to another EU state and exercised treaty rights (work,study...)

[3crown]

My hub on 2 yr Spouse Visa too..We've had two Schengens, one for Italy, one for Greece, in the last six months, no hassle during transit. well worth it to have my husband with me. Just need to plan ahead and take everything you need to the relevant embassy..All part of the process -


The only way he would have free movement would be if both of you moved to another EU state and exercised treaty rights (work,study...)[/quote]

[luky-marina]

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

a valid travel document;
a valid UK residence permit with the endorsement "family member of EEA national";
and if they are joining or travelling with the EU national.

http://www.ambafrance-uk.org/Spouse-and ... opean.html

This is just an example and valid for any Schengen country.

[luky-marina]

i don't know how they expect anybody where english is their second language to have any idea about what they need.

It doesn't make sense to me at all.

[Wanderer]

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

a valid travel document;
a valid UK residence permit with the endorsement "family member of EEA national";
and if they are joining or travelling with the EU national.

http://www.ambafrance-uk.org/Spouse-and ... opean.html

This is just an example and valid for any Schengen country.

But this doesnt apply to the OP....

[3crown]

Call me thick if necessary - do they call a Passport holding a Spouse Visa a Valid travel document? sorry to ask the obvious but have been caught out a couple of times by not asking

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

a valid travel document;
a valid UK residence permit with the endorsement "family member of EEA national";
and if they are joining or travelling with the EU national.

http://www.ambafrance-uk.org/Spouse-and ... opean.html

This is just an example and valid for any Schengen country.

[fysicus]

a valid UK residence permit with the endorsement "family member of EEA national"

this refers to directive 2004/38 and applies to EEA nationals who are living outside their own country with a non-EEA spouse.
Generally it does not apply to British nationals living in UK with a foreign spouse

[Rozen]

Call me thick if necessary - do they call a Passport holding a Spouse Visa a Valid travel document? sorry to ask the obvious but have been caught out a couple of times by not asking

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

a valid travel document;
a valid UK residence permit with the endorsement "family member of EEA national";
and if they are joining or travelling with the EU national.

http://www.ambafrance-uk.org/Spouse-and ... opean.html

This is just an example and valid for any Schengen country.

If the passport has NOT expired, then YES, it is a valid travel document.
If it HAS expired, then it obviously is NOT valid!
A UK spouse visa is NOT a residence permit endorsement normally construed as "Family Member of EEA national".

[Directive/2004/38/EC]

The only way he would have free movement would be if both of you moved to another EU state and exercised treaty rights (work,study...)

Wrong. He has free movement rights whenever he is travelling with his EU citizen spouse outside the UK.

No conditions for residences of up to 90 days. EU spouse must be working or self-sufficient or... for longer periods.

He may be required to get an entry visa though.

[ciaramc]

Ok Directive I think you are wrong - free movement because you have been exercising treaty rights does not generally apply to say a british citizen/non EU spouse - living in the UK under UK national law! Well that was my understanding of the directive!

So you are saying that anyone married to a non EU no matter if you have been issued a RC under EU or National law can travel visa free???? As long as they can prove their relationship?

Most embassies will tell you that your RC must clearly state the you have been issued the card under the directive!!

If I'm wrong great!! That means all our spouses can all travel visa free!!

[Directive/2004/38/EC]

Ok Directive I think you are wrong - free movement because you have been exercising treaty rights does not generally apply to say a british citizen/non EU spouse - living in the UK under UK national law! Well that was my understanding of the directive!

So you are saying that anyone married to a non EU no matter if you have been issued a RC under EU or National law can travel visa free???? As long as they can prove their relationship?

Most embassies will tell you that your RC must clearly state the you have been issued the card under the directive!!

If I'm wrong great!! That means all our spouses can all travel visa free!!

As soon as the UK national leaves the UK for France (for example), they are exercising their free movement rights. Their accompanying non-EU spouse also has free movement rights, though they can be required to get a visa if they do not have a Residence Card (which they will not typically have since their UK spouse was not exercising treaty rights in the UK).

But non-EU spouse do have a right of free movement, since they are travelling to other EU countries with their EU citizen spouse. The right comes from the existence of the relationship to the EU citizen.

Free movement (in the European context) is not the same as you can go anywhere and do anything at any time without any papers.

EU citizens can move to another Eu country, but may be required to get a job (or be self sufficient) if they want to stay for longer than 90 days, and they can be required to register with the host member state. They are not asking for permission, but they can be required to do it.

Similarly the non-EU spouse can be required to get a visa to enter. They are not asking for permission in applying for the visa, but they can be required to do it. The visa is simply a written confirmation of the right of free movement of the non-EU spouse.

And note that you can still enter France even if you do not have the visa. But since you do not have the written confirmation in the form of the visa, you will have to prove that the non-EU spouse is covered by the free movement right at the port of entry.

[ciaramc]

Ok I understand that free movement means travelling from one EU country to the next hassle free......but the OP was asking if they would need a shengen visa and I think they would! Many people on the forum have been informed that they will need a visa......

Also why then should we bother to apply for a visa/family permit for example to the UK....technically I could travel from Italy to the UK with my spouse without a visa? No? But we both know that would never happen.....because nobody would let us board a plane out of fear they will have to pay a fine!! I understand this is a problem of the airline....but it still hinders our free movement and probably won't change any time soon!

And it seems the EU is doing nothing to help us!

[3crown]

Thanks Rozen- sorry if I made you angry!

Call me thick if necessary - do they call a Passport holding a Spouse Visa a Valid travel document? sorry to ask the obvious but have been caught out a couple of times by not asking

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

a valid travel document;
a valid UK residence permit with the endorsement "family member of EEA national";
and if they are joining or travelling with the EU national.

http://www.ambafrance-uk.org/Spouse-and ... opean.html

This is just an example and valid for any Schengen country.

If the passport has NOT expired, then YES, it is a valid travel document.
If it HAS expired, then it obviously is NOT valid!
A UK spouse visa is NOT a residence permit endorsement normally construed as "Family Member of EEA national".

[Rozen]

Thanks Rozen- sorry if I made you angry!

Call me thick if necessary - do they call a Passport holding a Spouse Visa a Valid travel document? sorry to ask the obvious but have been caught out a couple of times by not asking

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

a valid travel document;
a valid UK residence permit with the endorsement "family member of EEA national";
and if they are joining or travelling with the EU national.

http://www.ambafrance-uk.org/Spouse-and ... opean.html

This is just an example and valid for any Schengen country.

If the passport has NOT expired, then YES, it is a valid travel document.
If it HAS expired, then it obviously is NOT valid!
A UK spouse visa is NOT a residence permit endorsement normally construed as "Family Member of EEA national".

Not angry! Just stressing, so that you understand. Sorry if I gave that impression. Happy days!

[Directive/2004/38/EC]

Ok I understand that free movement means travelling from one EU country to the next hassle free......but the OP was asking if they would need a shengen visa and I think they would! Many people on the forum have been informed that they will need a visa......

Applicant is generally required to get a visa when travelling to other EU member states because they do not have a (European law) Residence Card.

Also why then should we bother to apply for a visa/family permit for example to the UK....technically I could travel from Italy to the UK with my spouse without a visa? No? But we both know that would never happen.....because nobody would let us board a plane out of fear they will have to pay a fine!! I understand this is a problem of the airline....but it still hinders our free movement and probably won't change any time soon!

Not that you will want to do it, nor should you need to, but you and your husband could come to the UK without a visa (aka. EEA Family Permit). You may or may not have to avoid Stupid. But at the UK border control in Calais, they will let you in if you have your passports and your marriage certificate.