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UK RC holder need a visa for Portugal?

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hunpak
Member of Standing
Posts: 256
Joined: Sun Oct 04, 2009 12:53 pm
Location: London

UK RC holder need a visa for Portugal?

Post by hunpak » Wed Oct 27, 2010 1:09 am

Hi Friends

first of all apologies if i am posting in wrong section because im not sure if its here or EU immigration section.

I am a non EEA married to EEA national i hold a Resident Document (permit for 5 years) I am planning to go on holiday to algrave Portugal next month with my wife.

do i need a visa? if No

can you please provide some link or website so i can show it to Immigration.

i have searched the forum and it says contradictory things.

Regards
Next Mission
Get my MOM EEA Resident Document

hunpak
Member of Standing
Posts: 256
Joined: Sun Oct 04, 2009 12:53 pm
Location: London

Post by hunpak » Wed Oct 27, 2010 2:34 pm

Friends

If you can't kindly update me on this because i have to book the tickets asap.

Thanks
Next Mission
Get my MOM EEA Resident Document

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Wed Oct 27, 2010 3:52 pm

What Nationality are you ?
What Nationality is your wife. ?

If your resident card is issued under Directive 2004/38/EC
than you are exempt from the visa requirement.
However, many people still apply for the visa, just to save
the hassle and arguments that may arise with Stupid or
border guards who don't know the law.

hunpak
Member of Standing
Posts: 256
Joined: Sun Oct 04, 2009 12:53 pm
Location: London

Post by hunpak » Thu Oct 28, 2010 11:20 pm

Thank you for your replay, i received an email response from Portugal consulate saying i don't need a visa and they acknowledge that fact i am a EEA partner.

i also requested them an official copy lets see if the will send it to me or not.
acme4242 wrote:What Nationality are you ?
Pakisani
What Nationality is your wife. ?
Hungarian

If your resident card is issued under Directive 2004/38/EC
than you are exempt from the visa requirement.
However, many people still apply for the visa, just to save
the hassle and arguments that may arise with Stupid or
border guards who don't know the law.
Next Mission
Get my MOM EEA Resident Document

hunpak
Member of Standing
Posts: 256
Joined: Sun Oct 04, 2009 12:53 pm
Location: London

Post by hunpak » Mon Nov 01, 2010 2:07 am

received an email from Portuguese consular general that i sh0uld print it and take it with me.

thanks all of viewing this post

regards
Next Mission
Get my MOM EEA Resident Document

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Nov 02, 2010 4:50 pm

See Schengen Handbook for the processing of visa applications - C(2010) 1620 final - European Commission decision of 19.3.2010

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf
CAN DIRECTIVE 2004/38/EC EXEMPT EU CITIZEN FAMILY MEMBERS FROM THE VISA REQUIREMENT? (Page 90)

Article 5(2) of the Directive provides that possession of a valid residence card referred to in
Article 10 of the Directive exempts third country family members from the visa requirement.

The consulate should distinguish between residence cards issued under Article 10 of the
Directive and residence permits issued to third country family members under national law.

"Article 10 of the Directive residence cards" are issued to family members of those EU
citizens who have exercised their right to move and reside freely and therefore fall under one
of the categories defined in point 1 above. Typically, such a residence card is issued to family
members of an EU citizen residing in a Member State other than that of his or her nationality:

Example:
• German "Article 10" residence card issued to the Chinese spouse of a Slovak citizen;
• United Kingdom "Article 10" residence card issued to the Moroccan spouse of a Belgian citizen.
You should always carry your marriage certificate and be aware that you always have the right of entry when traveling with your spouse. See http://eumovement.wordpress.com/2010/08 ... to-travel/

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