Equal Travel Rights for Spouses of EU Nationals

[Rover8098]

Hi all, I've read another post on this forum about recent issues with obtaining a schengen visa appointment. I've suffered this myself and am also frustrated at the new rules by schengen member country's embassies for spouses of EU nationals applying for a schengen visa (to cut a long story short, you now have to apply in person and in case of the French embassy, also have to go with your EU national spouse). Plus the whole process of actually obtaining an appointment for applying for a schengen visa is a nightmare (and costly!).

Not many people are aware, but the EU actually gives non-EU nationals married to EU nationals similar rights of free travel as their EU national spouses. The European Commision also requires all member states to issue schengen visas to non-EU national spouses of EU nationals "WITHOUT UNDUE FORMALITIES" (clearly the recent rule change is actually introducing more 'undue formalities' rather than minimising it so in a way, the embassies are actually breaching the rules set out by the EC)- for more information see the European Commission web site:
http://ec.europa.eu/justice_home/fsj/fr ... try_en.htm

I have decided to take action and am sending the following letter to the Director General at the EC. If I get enough support from others in my position, I will also approach my local MEP and start a petition for a rule change for spouses of EU nationals applying for a schengen visa. Letter follows (apologies for length of letter, but you don't have to read it if you don't want to!). Please guys, I need your support on this - if anything the new rules not only discriminate against us spouses of EU nationals, but it's also breaching the rights given to our EU national spouses by the European charter!!

Directorate General - Justice, Freedom and Security
EUROPEAN COMMISSION
DG Justice,
Freedom and Security
B-1049
BRUSSELS

23rd April 2007

Dear Sir Or Madam:

I am writing in relation to Regulation (EC) No 539/2001) – travel rights for non-EU Nationals.

The regulation clearly defines that:

Citizens of third countries may enter and travel within the territory of the Member States applying the Schengen provisions for a period of up to three months, provided they fulfil the entry conditions laid down in the Schengen acquis, now integrated into the EU. These conditions include: the possession of a valid travel document, and of a visa if required; being able to demonstrate the purpose of the journey and the possession of sufficient means of subsistence for the period of stay and for the return. Furthermore, third-country nationals shall not be listed in the Schengen information system for the purpose of refusing entry and they shall not be considered to be a threat to public policy or national security for all Schengen States.
The rights of non-EU nationals legally residing in the territory of a Member State to travel within the European Union are also outlined in the EU Charter of Fundamental Rights. The charter asserts the right of every European citizen to move and reside freely within the territory of the Member States. It adds that these rights may be granted to third-country nationals.

The regulation further defines that:

If the family members are not EU nationals, the EU Member State(s) to or through which travel is intended may require an entry visa, depending on their nationality. This visa should be granted free of charge and without undue formalities by the competent consulate authorities. These freedoms apply to non-EU national family members only when they accompany or join an EU citizen.
When travelling alone, family members who are not nationals of an EU Member State are not entitled to the visa arrangements mentioned above. Non-EU nationals who wish to travel alone within the EU have to comply with the normal visa requirements for their nationality.

As a non-EU national spouse of a British Citizen, the conditions of Regulation (EC) No 539/2001) clearly apply to me. However, recently, individual embassies in the United Kingdom, representing several major Schengen member countries have introduced, what I would class as “undue formalitiesâ€

[eliasuk4u]

Rover8098, I fully support this petition, But I wonder would they actually make any changes. I am myself struggling to get an French visa but because of formalities and an expensive appointments, I gave up....

[Rover8098]

hi elias4uk,
thanks for your support - I had the same thought as you regarding the support. I'm sure that the European Commission have much more key priorities on hand like sorting out terrorism and human trafficikng etc and sorting out travel rights for spouses of EU citizens is probably very low down their list of priorities. But hey, surely it's worth a shot??I'm definitely sending the letter to my local MEP's as well and will keep sending until I get a response from someone.
Funnily enough, I just applied for a US visa, and it really was one of the most hassle free experiences of applying for a visa I ever had, but getting a schengen visa seems to be near enough impossible at the moment

[Smit]

I suggest that you get SOLVIT involved, see http://ec.europa.eu/solvit/

[eliasuk4u]

I just applied for a US visa, and it really was one of the most hassle free experiences of applying for a visa I ever had

What are the documentation requirements for a US visa? and how long it took you to get one?? Please give more information ...
Regards

[Rover8098]

Hi, it was quite easy for me as I applied for a business visa so had all the required docs - Letter from employer, invitation from US business partner, application forms and trip itinerary. Booked a visa appointment about 3 wks ago (I was offered an appointment date within a week, but I chose a later date), then went to the US embassy last wk at Grosvenor Sq. in London. Once inside, firstly submitted my application forms and docs to an administrator counter, and within 25 mins, I was called by an immigration officer to the interview counter, asked some basic questions like 'why are you going, how long are you going for' etc and was told straight away that visa was approved. The worst thing about the whole experience was the queuing outside (2 hrs!!), but once inside, I was dealt with within 30mins (although they do say to allow max 2/3 hrs inside).
If you do not qualify for the US visa waiver scheme, and are aged 14-79, then you must book an appointment to apply at the US embassy in person. Visa fee is $100 + £15 for return of passport by courier (they don't tell you about the courier fee until you are inside!). For more info, see
http://www.usembassy.org.uk/cons_new/visa/index.html
Hope this helps.