Do I need a visa for Romania ?

[Pakhtoon]

Hello everyone

I am looking for advice on whether I need a visa for Romania. I am a Pakistani living in Poland with a long-term ( 2 years ) resident card and my wife is Polish. From my work I got a two nights free stay in Bucharest and would like to go there alongwith my wife but I am not sure if I need a visa or not. I have been travelling inside Schengen and I know I don't need visa for Schengen countries but since Romania is in EU but not Schengen, I am a bit lost.

From few readings in this forum I have come to know that I would need to show our marriage certificate ( at the check-in in here and then at Bucharest airport ? please correct me if I am wrong ) and that would be enough but would still like to have some specific advise to be on the safe side.

Also to save the space by not opening a new thread, would I need a visa if I would travel alone to a country which is part of EU but not Schengen ? and more importantly, what about Switzerland ? I have gone through the thread titled 'Switzerland joins Schengen' but couldn't get to a conclusion.

Any advice will be appreciated.

Many thanks

[Pakhtoon]

Any suggestions anyone ?

[flyboy]

Regarding Switzerland, as it is part of schengen and you are a resident in a schengen country, you do not need a visa for travelling to switzerland. There are no immigration control , however customs checks are still in place as switzerland is not part of the EU.

[ca.funke]

...I am a Pakistani living in Poland with a long-term ( 2 years ) resident card and my wife is Polish.

...I got a two nights free stay in Bucharest and ... if I need a visa or not.

The Polish don´t seem to treat you according to 2004/38/EC , otherwise you would have a different (better) residence-permit.

Nevertheless, I´m convinced that you are legally entitled to travel without a visa (see >>here<<), but I have no clue if this is obeyed by the Romanian authorities.

Good luck & cześć, Christian

[Richard66]

It is, as long as it is a residence permit for an EU family member, which it seems it is not.

[ca.funke]

It is, as long as it is a residence permit for an EU family member, which it seems it is not.

Hi Richard66,

don't know if you were referring to me, but guess so?

I'm talking about Article 5, Section 4 of 2004/38/EC:
(quoted in full, it's should be enough just to read the red part:)

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

As such any residence-permit or visa should be irrelevant. Both passports + a marriage-certificate should do? (Except you'll probably have quite some discussions as they won't believe it. Doesn't change the legality.)

Regards from Switzerland to bella Italia

Christian

[Richard66]

Hello Christian!

Yes, I have that in mind, but remember this would be a case where you argue it out at the border, having got there walking or what not. I very much doubt Stupid would know such technicalities. They already do not know the part about the Residence card, let alone other documents.

I need to update you on some things, which I shall do anon.

[Pakhtoon]

Thanks for your reply guys.

Richard, I do have the resident permit for Family Member. I understand it might sound strange because in other countries, they issue cards for 5 years but nevertheless, it doesn't mention anything about me being a family member. Do you think this would be enough to travel on ? within EU but outside Schengen I mean ? and would it be any different if I would travel alone ?

and Christian, thanks for the link and for taking time to reply. You are right to suspect Romanian authorities to accept my residence card as enough to travel to Romania. In all the Eastern European countries that I have been to, the government officials would still remind you of the Mighty Soviet Union. This is why I posted this question here hoping someone would be able to share some specific information.

[ca.funke]

...living in Poland with a long-term ( 2 years ) resident card...

...I do have the resident permit for Family Member...

Article 11

Validity of the residence card

1. The residence card provided for by Article 10(1) shall be
valid for five years from the date of issue or for the envisaged
period of residence of the Union citizen, if this period is less
than five years.

2. The validity of the residence card shall not be affected by
temporary absences not exceeding six months a year, or by
absences of a longer duration for compulsory military service
or by one absence of a maximum of 12 consecutive months
for important reasons such as pregnancy and childbirth, serious
illness, study or vocational training, or a posting in another
Member State or a third country.

I see two possibilities:

1. You have a residence card other than a family-member-permit, as the validity should be 5 years. In this case you are -travelwise- screwed (as per my previous post).

2. You DO have a family-permit, but the Polish authorities issue it for 5 years OR up to the time your current (Pakistani) Passport is valid, whichever is the earliest. In this case you should see that the expiry of your PP and of the RC are exactly on the same day, furthermore it should say „Karta pobytowa czÅ‚onka rodziny obywatela Uniiâ€

[Wanderer]

Sounds like the OP has a Polish RC not an EEA one.

[ca.funke]

Sounds like the OP has a Polish RC not an EEA one.

?

Poland is in the EU, and thus also >>part of the EEA<<.

Am I not understanding something here?

Rgds, Christian

[Wanderer]

Sounds like the OP has a Polish RC not an EEA one.

?

Poland is in the EU, and thus also >>part of the EEA<<.

Am I not understanding something here? :oops:

Rgds, Christian

I'm thinking if the guy is married to a Pole in Poland he'd be granted a permit/visa under Polish law, not EEA law much like a UK spouse visa.

[ca.funke]

eerrgghh - mixed edit and quote - my usual mistake, should any admit see this post feel free to delete

[ca.funke]

I'm thinking if the guy is married to a Pole in Poland he'd be granted a permit/visa under Polish law, not EEA law much like a UK spouse visa.

Oops - sorry, I assumed the totally wrong thing there.

About EEA vs. national RP: Each country can handle this as desired. For example in Belgium my wife got a Belgian-version 2004/38/EC RP, without any further questions asked (I am Belgian myself).

At the time I was already set to proof that we lived in Ireland before (and thus excercised treaty rights), and also explain why my wife had no Schengen-visa (we entered with the 4EUFam-card)... All unnecessary: both passports, marriage-certificate from Cyprus, and all was finished.

So it may be either way in each country.

PS @ Wanderer - sorry again for my stoopid remark above.

[Pakhtoon]

Hello Guys

Its just to share my experience, we went to Bucharest without any visa for myself. At the check in, they just asked for our wedding certificate and the same was on the airport in Bucharest. I was surprised to be let in with no questions asked at all !

regards