Requirements for a spouse of an EU member to travel to Italy

iga · Post by **iga** » Wed Nov 09, 2011 6:38 pm

Hi,
I am peruvian and my husband is italian. We want to travel to Italy for 1 week and as I have read on the Italian Consulate website I do not need a Schengen visa as long as I have a Residence Documentation issued by the British Home Office. However they say it is advisable to bring a proof of relationship.
I have only a photocopy of my marriage certificate issued by the Comune of Potenza more than one year ago (05/07/2010).

Does anyone know if a photocopy is enough as proof of relationship for the Italian Border Authorities?
Which other documents may be proof of relationship recognized by the Italian Border Authorities? A Bank statement from a joint account?

Thank you very much in advance.

According to EU Directive 2004/38/CE, family members of EU nationals, who do not have the nationality of a Member State, but have UK Residence Permits issued by the British Home Office bearing the specific following indication:
"RESIDENCE DOCUMENTATION
Type of Document: Residence Card of a Family Member of an EEA National"
will not need a Schengen visa for a SHORT STAY (up to 90 days in 6 months) in Italy if accompanied by the EEA National OR if travelling to join them.
Bringing a copy of marriage certificate or proof of relationship is advisable.
Any other wording on your UK Residence Permit indicates that you need a visa.

Post by **EUsmileWEallsmile** » Wed Nov 09, 2011 9:43 pm

Can you be a little clearer on your circumstances? Are you and your husband resident in the UK? Is your husband working? If not, what does he do?

Do you have a residence card from the home office based on your husband being in the UK with you? If you have it will be called “Residence card of a family member of an EEA national"

If yes, then you have the required residence card the Italian embassy is referring to and would not need a visa if you travel together or you join him there.

Often the country that EU national is from (in your case Italy) does not allow their own citizen to benefit from the directive. However, if your husband is for example working in the UK then he would benefit.

If you have all this, you should not have any problems. You can bring a copy of your marriage certificate just in case.

iga · Post by **iga** » Wed Nov 09, 2011 10:16 pm

We both live and work in London for four years (since 2007). I have got a "RESIDENCE DOCUMENTATION, Type of Document: Residence Card of a Family Member of an EEA National" issue by the Home Office in the UK.
I am traveling with my husband who is an Italian passport holder - I am in the process of getting my Italian Nationality.

I got my married certificate issued in Lima Peru (we married there) and attached its translation in English and Italian (just a photocopy of this one), will that be sufficient to show to the Italian Border Immigration Officer?

I also got a photocopy of the married certificate issued by the Italian town where my husband is from (it is from [b05/07/]2010[/b]), will that be sufficient as proof of relationship although it is from last year?

I do really appreciate your help, as the Italian Embassy does not give me much information.

Thank you,

Post by **EUsmileWEallsmile** » Wed Nov 09, 2011 10:31 pm

You've got all you need as far as I can see. You should not need to show your marriage certificate at all, (bring it just a back up in case someone questions your relationship to the family member, I think the copy you have should be fine).

As you are traveling with your husband, he can converse with the border guards if there are any problems. Let us know how you get on.

Is this your first time doing this trip back to Italy together with the residence card?

In any case enjoy your trip. Que tengan un buen viaje.

iga · Post by **iga** » Wed Nov 09, 2011 10:43 pm

Thank you very much for your help.
This is the first time doing this trip to Italy. We met in Peru and he has dual nationality.
I will keep you posted when I am back in London.

Muchas gracias.

Post by **Directive/2004/38/EC** » Sun Nov 13, 2011 3:30 pm

So you have the original marriage certificate issued in Peru, and you also have registered the marriage in the Italian city your husband is from?

I would travel with both for now.

I have about 4 official copies of my marriage certificate. Each child will eventually be able to have one, assuming they are not swallowed for official uses...

Edsli · Post by **Edsli** » Sun Nov 20, 2011 11:04 pm

I been in Italy last November with my Italian husband traveling together with me. I haven't got any problem at all, the only thing I showed in the airport was my Philippine Passport Stamped Family Member of EEA National issued in UK. They asked some questions about how many days your stay in Italy and that's it:) Your marriage contract is not really necessary but bring it just in case if they ask, I brought mine but they didn't ask me. Good Luck!

husbande

iga wrote:We both live and work in London for four years (since 2007). I have got a "RESIDENCE DOCUMENTATION, Type of Document: Residence Card of a Family Member of an EEA National" issue by the Home Office in the UK.
I am traveling with my husband who is an Italian passport holder - I am in the process of getting my Italian Nationality.

I got my married certificate issued in Lima Peru (we married there) and attached its translation in English and Italian (just a photocopy of this one), will that be sufficient to show to the Italian Border Immigration Officer?

I also got a photocopy of the married certificate issued by the Italian town where my husband is from (it is from [b05/07/]2010[/b]), will that be sufficient as proof of relationship although it is from last year?

I do really appreciate your help, as the Italian Embassy does not give me much information.

Thank you,

Edsli · Post by **Edsli** » Sun Nov 20, 2011 11:35 pm

Hi Iga you know we have almost similar situation. Me and my Italian husband got married in our country in the Philippines. We both live and work in the UK, been here since 2006 and got my EEA documentation issued in my passport, recently I renewed my passport and also renewed my Residence Card since 5 years is gone, got my Permanent Residence Card issued in my new passport, although in my new passport doesn't says anymore that I am an EEA Family member of EEA national it doesn't change the fact that I am a spouse of EEA national, so me and husband we traveled back in Portugal and Spain, just came back last day and thanks God I haven't got any problem in the airport. I showed my old passport with my new one and my husband's passport (I showed my old passport because it says there in my Residence Card that I am a Family member of EEA National, in my new passport that attanced my Permanent Residence card it doesn't says anymore, written only a PERMANENT RESIDENCE CARD). I traveled a lot in some EU countries (with my husband) and so far so good. I am sure you will be alright.

Best Wishes!

iga wrote:Thank you very much for your help.
This is the first time doing this trip to Italy. We met in Peru and he has dual nationality.
I will keep you posted when I am back in London.

Muchas gracias.

Post by **Directive/2004/38/EC** » Mon Nov 21, 2011 2:44 am

Edsli wrote:Your marriage contract is not really necessary but bring it just in case if they ask, I brought mine but they didn't ask me. Good Luck!

If you have a Residence Card, then this may be true. But I would encourage everyone to (initially) always carry their marriage certificate. if there ever is a problem, it is the smallest and lightest way to prove you are married to an EU citizen.

Edsli · Post by **Edsli** » Wed Nov 23, 2011 7:56 pm

Directive/2004/38/EC wrote:
Edsli wrote:Your marriage contract is not really necessary but bring it just in case if they ask, I brought mine but they didn't ask me. Good Luck!
If you have a Residence Card, then this may be true. But I would encourage everyone to (initially) always carry their marriage certificate. if there ever is a problem, it is the smallest and lightest way to prove you are married to an EU citizen.

You are right I have my Residence Card, and I agree with you always carry your marriage certificate, I always do.

Post by **Directive/2004/38/EC** » Wed Nov 23, 2011 8:39 pm

If all goes well, and it likely will, you will never ever have to show the marriage certificate. At that point it may be worth not bothering.

On the other hand, I have a several copies of my marriage certificate and so one is just tucked into the travel document bag. Don't even have to think about it any more!

Post by **EUsmileWEallsmile** » Fri Nov 25, 2011 10:32 pm

[quote="Directive/2004/38/EC"][quote="Edsli"]Your marriage contract is not really necessary but bring it just in case if they ask, I brought mine but they didn't ask me. Good Luck![/quote]
If you have a [u]Residence Card[/u], then this may be true. But I would encourage everyone to (initially) always carry their marriage certificate. if there ever is a problem, it is the smallest and lightest way to prove you are married to an EU citizen.[/quote]

While this is great advice, have you got experience of marriage certificates, ie their being asked for and accepted? Ours is written in a language and a script that the average border guard would not comprehend. It also been translated into English (and we all know that everyone understands that). It's not light and a pain in the neck to carry.

Things have got better in Europe for the purposes of travel and I hope they will get better.

Post by **Directive/2004/38/EC** » Sat Nov 26, 2011 1:15 pm

I have had to show my marriage certificate only once. We were doing a MRAX entry into Ireland, and as I describe briefly here it went smoothly.

For us it is relatively easy, as we have a UK issued marriage certificate in English. Something in, say Mongolian, could cause more problems because it would be hard for an typical border guard to interpret. But in the end it should be accepted. After all, if you are legally married then you are legally married and the certificate is the documentary proof!

Post by **EUsmileWEallsmile** » Sat Nov 26, 2011 11:21 pm

Directive/2004/38/EC wrote:I have had to show my marriage certificate only once. We were doing a MRAX entry into Ireland, and as I describe briefly here it went smoothly.

For us it is relatively easy, as we have a UK issued marriage certificate in English. Something in, say Mongolian, could cause more problems because it would be hard for an typical border guard to interpret. But in the end it should be accepted. After all, if you are legally married then you are legally married and the certificate is the documentary proof!

I have to say, my Mongolian's a little rusty! We do live in a eurocentric world, even if some of us english would like to go back to carving on stones. It's almost as convenient as carrying fish for barter.

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Requirements for a spouse of an EU member to travel to Italy