Travel to Schengen, without visa, for EEA-family members

[burnleyfclee]

and what would happen if we just turned up in italy without the visa? as i have read and 2 of our filipino friends have done this and they got through fine as they was with there husbands

[John]

and what would happen if we just turned up in italy without the visa? as i have read and 2 of our filipino friends have done this and they got through fine as they was with there husbands

You have told us nothing about the status of the husbands, or whether their wives had a visa issued under national legislation, or alternatively say a Residence Card issued under EU regulations.

It makes a difference! Let's say the husband is French/German/Spanish, Greek etc etc and working in the UK, their wife would tend to have a Residence Card or Permanent Residence Card issued under EU regulations. Such a wife could indeed travel to say Italy with her husband without getting a Schengen visa.

But if the husband is British and thus the wife has a visa issued under UK immigration law, then a Schengen Visa will be required in order for the wife to enter Italy (or any other Schengen area country).

That married-to-British-citizen wife, could she just turn up in Italy? Wait, how is she getting to Italy? Flying? The problem would be even getting on the plane in the UK? Or taking the train to France, or driving and taking the tunnel or ferry to France? Then the problem will be at the juxtaposed French immigration controls in the UK. For example, if taking the train from St Pancras International station in London, she would not be allowed to board the train.

[coloquial]

Hi!

I'm a non-EEA national and my wife is a British Citizen.

I was on a two year settlement visa (UK Entry Clearance) which clearly stated i was the spouse of "wife's name".

I applied for Schengen visas during this period to travel throughout Europe with my wife.

I have just got my new Biometric Residence permit with which i (10 years valid) hoped not to need to apply for those visas anymore.

However I've checked the Italian and Netherlands Consultate websites and they both say a visa is not needed if I have a "Residence Card of a Family Member of an EEA National". To my surprise, my residence card doesn't specify anywhere (not even in the remarks area) that I am a EEA family member or the spouse of "wife's name".

Has this card recently changed to not include that anymore? Will I have trouble travelling without the usual Schengen visa?

Many thanks!

[John]

But your spouse visa, issued under UK immigration law, is not a "Residence Card of a Family Member of an EEA National"! Such a Residence Card would be issued under EU regulations, but yours is not.

Accordingly, dependent upon your nationality, you might need a Schengen visa in order to enter "Schengen-land".

[coloquial]

Hi John,

Thank you very much for such quick response.

According to my nationality, I have always been required to obtain a Schengen visa indeed.

In regards to your first paragraph:

But your spouse visa, issued under UK immigration law, is not a "Residence Card of a Family Member of an EEA National"! Such a Residence Card would be issued under EU regulations, but yours is not.

Apologies for asking yo clarify, but do you mean that because the UK has different border regulations by card has been issued only under UK law? (My card would work if issued i.e. In Spain?)

Am I going to need a visa as always although I have this card?

Thanks!

[John]

Please, I think we are going round in circles here, this has been covered so many times, including in this topic.

Please spend some time to read through this topic.

[Sea gray]

Hi.
I have read this and I am still confused. So could you please help me.
I am a British born male with full British passport. My wife is Thai with a residency permit other wise known as a right to remain. She is presently waiting for nationalisation. But suddenly a wedding as come up in Sweden. So could you confirm if my wife travels with me to Sweden with her Thai passport. Does she need a visa.

Thank you so much for your help

[John]

She does need a Schengen visa, and the application for that needs to be made at the Swedish Embassy. Have a look at their webpage.

[simplykayy]

I am a no-eea family member of a british citizen. I applied for a schengen visa to accompany my british wife and daughter to malta but my application was refus3d because my work permit expires in may.

We have decided to go to france via eurostar. My question is can i be issued a EEA Family member schengen visa at St. Pancras if i am travelling with wife and daughter....and have our marriage cerificate, wife and daughter's british passport?

According to the directive 2004/38/EC article 5.4 and the schengen visa code handbook 2010 part III, this should be the case.

Has anyone tried this or can advise me concerning my dilemma please?

Thank you.

[toofan]

I am a no-eea family member of a british citizen. I applied for a schengen visa to accompany my british wife and daughter to malta but my application was refus3d because my work permit expires in may.

We have decided to go to france via eurostar. My question is can i be issued a EEA Family member schengen visa at St. Pancras if i am travelling with wife and daughter....and have our marriage cerificate, wife and daughter's british passport?

According to the directive 2004/38/EC article 5.4 and the schengen visa code handbook 2010 part III, this should be the case.

Has anyone tried this or can advise me concerning my dilemma please?

Thank you.

to aacompany eu spouse visa can not be refused on the basis of your status as there is no requirement as such .all you have provide is marriage certificate and passport of both eu and non spouse and you both will be travelling together

[uk2005]

i want apply for schengen visa i have right of residence
how can i apply? what document will i need want go france..
is it posible get six month multipol?
becoz will go spain after 2month..
anyone please advice...
last two time get visa based on my marrige of eea national..
now i m divoeced holding RC (right of recidence)..
thnx

[drno_la]

Hi
I'm a British citizen and my wife has the following UK residence permit, as the spouse of a BC:

Hi

I'm a British citizen and my wife has a UK indefinite leave to remain biometric residency permit with identical wording to the one quoted above (ie settlement, indefinite leave to remain, no mention of "family member" anywhere as per UK standard issue.)

We'd love to visit France on a day trip to Calais without the trouble of applying for a visa. Is this possible? How have others reliably achieved this?

Getting a visa through the French embassy is not viable as we live a very long way from London (ie lots do expense getting there), the French charge via tlsconnect processing fee (even if the visa is "free") and demand an in person visit to their embassy. All too much hassle compared with the £30 return ferry.

Also - how have others got their "Residence Documentation. Type of Document: Residence Card of a Family Member of an EEA National" card or stamp in passport. I can see no way of getting this out of the UK border agency.

[John]

We'd love to visit France on a day trip to Calais without the trouble of applying for a visa. Is this possible?

No! Your wife does not have a Residence Card or Permanent Residence Card issued under EU legislation, so will need a Schengen Visa to enter anywhere in "Schengen-land".

But as a spouse of a British Citizen it is a much easier process.

It will all be so different once your wife has a British passport!

[drno_la]

How do you go about getting the right words in the right place on the residence permit?

Or, how do you get the right eu compliant residency card?

The uk gov do issue residency cards, but reading the small print they seem aimed at family members of EU nationals not UK citizens, and require being without your passport for 6 months while they (don't) process it.

https://www.gov.uk/apply-for-a-uk-residence-card/apply

In my wife's case, giving up her native citizenship may not be in her best interests, as frequent visits or family would cost too much in visa fees.

I suspect turning up at the Calais immigration with marriage cert and me is enough to exert my treaty rights. Applying for a one off visa is not a viable option for reasons of hassle stated above.

[chaoclive]

You're right - family members of British citizens do not normally benefit from the EEA regulations, unless they have exercised treaty rights in another EEA country, e.g. France/Italy etc. and then apply to come back to the UK on a EEA Family Permit. On return to the UK you can then apply for the EEA family member residence card. Processing takes up to 6 months, recently they have been quicker. However, the process for a British citizen to get his/her family members an EEA family member residence card will take much longer than 6 months in total, when you count the moving to the other country, working there for a while (exact amount of time not given) and then applying for permits/cards etc.

RE: giving up citizenship: It's may not be necessary unless her country requires that she can only have 1 citizenship. The UK doesn't care.

RE: Calais. It should be fine and some people have done it before, however, it can be a bit of a wait and hassle. Remember that if she has the visa she will be able to go to other places as well, not only France. It will also make flights easier, is free and should be processed quite quickly. My civil parter has had visas from the Spanish and Dutch Embassies. They were all processed quite quickly and the process (except for the Spanish initially insisting that I had my civil partnership certificate certified by the Spanish Embassy, which I didn't do) was quite smooth.

[Donutz]

Also note that TLS and VFS are entirely optional for any part of the application process of a Schengen visa (as per article 17.5). Sadly not all embassies make this quite clear (which is a violation aswell...). Getting a fast and free visa should be the prefered way when an EU national and non-EU spouse/family travel togethet to an other EU nation. In practise sometimes turning up at the border might be worth the hassle (with the marriage papers and passports ofcourse).

[John]

I suspect turning up at the Calais immigration with marriage cert and me is enough to exert my treaty rights.

You would not get that far! The immigration controls are juxtaposed, so the French ones are in Dover, and the British ones are in Calais.

[SirBaron]

I am a British national, however my mother is German.

I am hoping to get married to my Japanese fiancée early next year with marriage visitor visa, and then emigrate to Germany.

What do I need to do from getting from UK to Germany with me and her setting off from UK and then arriving in Germany.

I am sorry if this is already answered, I am extremely stressed out, and utterly confused.

Do I need to apply for any visa's within the UK to be able to take her with me, or can I simply just take a marriage certificate, fly to Germany and apply for permanently residence for the both of us?

[John]

As you have already worked out, in order for the marriage to take place in the UK, your fiancee needs to apply for a marriage visitor visa before travelling to the UK.

Travelling from the UK to Germany? No problem, just travel, Japanese citizens do not need a Schengen visa to enter "Schengen-land".

How are you going to be exercising Treaty Rights in Germany? Employed? Self-employed? A student? or self-sufficient?

[alia84]

Hello All,

Hopefully someone can advice me as I am seriously confused...

My wife an Iranian national was granted a spouse visa back in 2012. She has recently been granted an ILR in June 2014 and is valid until June 2024.

I am a British national, born in Scotland and currently working in London.

We are both planning to travel to Spain for a weeks holiday at the end of August:

1. Does my wife require a Schengen visa or as we are travelling together is she exempt from this?
2. If Schengen visa is required, has anyone had any recent experience with Spanish VFS in terms of the processing times? On their website it states minimum 4 weeks but wondering if anyone had got their visa quicker?

Many thanks
Ali

[John]

Using your numbering :-

1. Yes she needs a Schengen visa, and I strongly recommend that nothing is booked before the Schengen visa is in the passport.
2. No recent experience, but historically Spain was always difficult, and countries such as France are far easier for Schengen visas.

[Donutz]

Indeed John, though it's best to avoid VFS or TLS if possible since all Schengen applicants are not obligated to use their services and entitled to a direct applications via a Schengen embassy as per article 17.5 of regulation 810/2009. Sadly the Spanish are known for not communicating this clearly (violation EU rules) and embassies are a pain in the behind aswell (asking for many more documents then required such as demanding the marriage is registrated in the EU nationals country). The Spanish ministry IS aware of the rules or so I heard so an appeal to a denial should be succesful.

Writing a letter to the authorties (EU for instance: EU Home Affairs) may be considered, it won't change anything soon but by raising awareness to authroties higher up the chain than embassy level, things may (should) change eventually so people are granted their rights as per EU regulations.

[Msazeed]

Hello,

My Name is Hamza, I'm Syrian married to a Romanian girl,

I went to Jordan to visit my family, and now I wish to go to Norway to join my wife with a nice vacation

is my Romanian residence card for family members enough with my passport ?

and I read a lot about joining the spouse, what is that exactly ?

I mean, just telling the staff at airport "I want to join my wife" ? or I'll need some other documents ?

please I'm crazy confused about that, if there is no problems with my situation please attach me an official text to carry


love u all

Regards

[treetop]

Hi - My wife and I are looking to go to Amsterdam for a few nights for our honeymoon. We got married in July 2014. I'm a UK born citizen and passport holder. My wife is a Thai national/Thai passport holder and here in the UK on a 6 month marriage visa. The visa runs until the end of October 2014.

Would my wife need a Schengen visa in order to travel?

[John]

treetop, your wife will need to convert her fianceé visa into a spouse visa, in the UK, before being able to successfully apply for a Schengen visa.

That is, armed with just a 6-month fianceé visa, they will not issue a Schengen visa to her.

And yes she will need a Schengen visa in order to enter "Schengenland".