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

Immigration to European countries, don't post UK or Ireland related topics!

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CR001
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Re: visa for EEA-family member refused by French 2004/38/EC

Post by CR001 » Sat Apr 22, 2017 9:30 pm

Sincejan wrote:Hello Guys need help

I'm a Pakistani national and my wife is Spanish national.
We got married on last year November in Pakistan. We planned to meet and spend sometime together in France.
I applied to French embassy clearly staying on cover letter that I will be Joining my wife in France under the free movement law.
I was asked to provide the tickets and hotel booking which I did along with marriage registration certificate arrested by foreign ministry. On interview day I was asked to get my marriage certificate legalised by Spanish embassy. My application was taken and after few days I got a refusal saying my marriage doesn't constitute to be valid. I sent my marriage certificate to Spanish embassy and got the registration certificate legalised.
I again applied in French embassy. On interview day I was treates really badly by the frencFrench embassy now asking me if I had REGISTERED my marriage with Spanish embassy. I told them I was asked to get it legalised only. They took my application and again same refusal.

I have checked with Spanish embassy and registro civil takes more than a year. Please help what should i do.
There's nowhere in EU law which say register the marriage with embassy. Can anybody guide me any other ways. Please help
Can you please refrain from posting your exact same query in various topics. Continue in your existing topic you already have!!

europe-immigration-forum/eu-spouse-visa ... l#p1477145
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Re: Travel to Schengen, without visa, for EEA-family members

Post by Sincejan » Sun Apr 23, 2017 3:44 am

Not all people check all the topics plus my question also comes under the directive 2004/38/EC.
I was urgently looking for some advice. Delete it if you have such big issue with my question.

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

Post by e2saleh » Tue May 23, 2017 1:27 am

Hi,

Apologies if this is a repeated question. I actually went through many other posts but could not find an exact case like mine. My scenario is:
- Myself and two kids are all British nationals
- My wife has a resident permit (spouse of a UK settled person - obtained as FLR-M).

We would like to go to Italy for a week visit, does my wife need a Schengen visa?

Thanks,

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

Post by CR001 » Tue May 23, 2017 7:06 am

e2saleh wrote:Hi,

Apologies if this is a repeated question. I actually went through many other posts but could not find an exact case like mine. My scenario is:
- Myself and two kids are all British nationals
- My wife has a resident permit (spouse of a UK settled person - obtained as FLR-M).

We would like to go to Italy for a week visit, does my wife need a Schengen visa?

Thanks,
Yes, your spouse needs a Schengen visa.
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Re: Travel to Schengen, without visa, for EEA-family members

Post by truffelmayo » Tue May 23, 2017 8:52 am

I will enter the NL from the US with my French citizen husband who is currently working in the NL. What do I need to enter besides the MVV (authorisation for temporary stay from the Dutch consulate)? Will not having a job negatively impact my application?

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

Post by Neelam81 » Fri Jun 16, 2017 11:48 pm

Hi i am a uk citizen and my huband has a indian passport but he has settlement in the UK and thats what his residence permit say's i am very confused on what type of visa to apply for as the spanish website states the following
IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid 1*UK Residence Permit / 2* British Residence Permit card are not required of a visa to enter Spain if traveling with or intending to join the EEA family member. If the person travels without the family member, they would be required to apply under the Tourist visa category and provide all of the required documentation for the same, and would be required to pay the visa fee in addition to the service charge. Please note that the UK Residence Permit/BRP card must state the exact following wording
1* “Residence Card of a Family Member of an EEA/EU National”2 * “Residence Card of a Family Member of a Union Citizen”
as he's a spouse of a eu national should i apply for eu spouse visa or tourist?

please help i'm very confused

Thanks in advance x

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

Post by Lymesix » Fri Jul 21, 2017 1:38 pm

I have just received my Schengen visa from France and it states under remarks as "family member EU/EEA. Does this mean I can travel alone without my husband in the future?

Appreciate your any response. Thanks

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

Post by Kulsumahmedmia » Fri Sep 22, 2017 3:06 am

Hi, I hold portuguese passport (EEA National) Living in UK.

I m planning to travel to Portugal for official reason for couple of days with my husband who is indian National, he has got 5 years UK residence visa which says to join EEA family member.

People says that he can only travel with me without portugal visa if i have my marriage registered in portugal. My marriage is registered in India, not in portugal.
can he still travel with me without visa or do i have to get his visa to travel portugal?

Please help!!

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

Post by Kulsumahmedmia » Fri Sep 22, 2017 3:06 am

Hi, I hold portuguese passport (EEA National) Living in UK.

I m planning to travel to Portugal for official reason for couple of days with my husband who is indian National, he has got 5 years UK residence visa which says to join EEA family member.

People says that he can only travel with me without portugal visa if i have my marriage registered in portugal. My marriage is registered in India, not in portugal.
can he still travel with me without visa or do i have to get his visa to travel portugal?

Please help!!

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

Post by Scampaboy » Fri Sep 29, 2017 6:15 pm

Hi,

I’m looking for some advice.

I have previously used this route when travelling with my son (dual British and Russian but no British passport)

Now I made a mistake and booked a flight for my wife to return to Russia with a 16 hour stopover in Germany. She would be travelling with my daughter who is dual national ( British and Russian without a uk passport. Inside her Russian passport she has a “certificate of right to abode uk)
My daughter is the eu national and my wife is the non eu family member.
I have copies of birth certificates, wedding certificates. I can send wth my wife a copy of my passport.

Is this route possible in this situation?
Wife non eu - no visa
Daughter dual Russian and British - certificate of right to abode.

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

Post by pranab0077 » Sun Oct 15, 2017 6:00 pm

Dear Sir, Madam,
I am an EEA national living in the UK.
My parents are non-EEA national and they come to visit me in the UK.
They will apply for a Visit Visa-C type visa to come to the UK.

I'd like to know if the can apply for the Schengen visa while they are visiting in the UK
or they need to apply for the visa in their country of origin/residence.

I heard that Non-EEA family member of an EEA national can have visa exemption for the
Schengen visa and what kind of priority would they get as EEA family member for applying for Schengen visa

Can you please inform me regarding the query

Thank you very much for your kind response.

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

Post by power-lost » Mon Feb 26, 2018 2:33 pm

Hi Guys,

A quick question.
I as well as my whole family are British nationals. My father has got long term 2 years family visitors visa and he is here with us in the United Kingdom. is he allowed to travel with us to Europe without visa? if not is there any way to get visa to Europe for him?

please guide

Thanks

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

Post by CR001 » Mon Feb 26, 2018 4:06 pm

power-lost wrote:
Mon Feb 26, 2018 2:33 pm
Hi Guys,

A quick question.
I as well as my whole family are British nationals. My father has got long term 2 years family visitors visa and he is here with us in the United Kingdom. is he allowed to travel with us to Europe without visa? if not is there any way to get visa to Europe for him?

please guide

Thanks
He needs a visa and should have applied for it from home country.

I hope he has not been staying in the UK for longer than 6 months.
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Re: Travel to Schengen, without visa, for EEA-family members

Post by diabian79 » Thu Mar 01, 2018 6:50 pm

Hi
My case is complicated as I'm Moroccan but married with British wife since 2007 i lived 10 years continued but i don't have visa cause home office refuse..we decide me and my wife immigrate to france ..my question s it easy for ne to have a visa chengen even im illegal here?and any solution hiw can i leave uk legally enter to france with my wife..please

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

Post by James1859 » Tue Apr 03, 2018 1:30 pm

Hi all

My wife and I have a holiday booked to Italy for May 2018. I am a British Citizen and she is a Syrian citizen.

She has a Residence Permit and under Type of Permit it says SPOUSE/PARTNER LEAVE TO REMAIN.

We would be travelling together along with our British daughter. Does she need a Visa to Italy? We're also planning a trip to Germany in September 2018.

Any help would be greatly appreciated.

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

Post by CR001 » Tue Apr 03, 2018 1:34 pm

James1859 wrote:
Tue Apr 03, 2018 1:30 pm
Hi all

My wife and I have a holiday booked to Italy for May 2018. I am a British Citizen and she is a Syrian citizen.

She has a Residence Permit and under Type of Permit it says SPOUSE/PARTNER LEAVE TO REMAIN.

We would be travelling together along with our British daughter. Does she need a Visa to Italy? We're also planning a trip to Germany in September 2018.

Any help would be greatly appreciated.
Yes, she needs a visa as she does not hold a residence card stating 'she is the family member of an EU national'.
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Re: Travel to Schengen, without visa, for EEA-family members

Post by James1859 » Tue Apr 03, 2018 2:04 pm

Thank you, it is weird that it must explicitly state that. I mean I am a British Citizen, hence EU national (for now at least) and she is a member of my family. So strange! Ok, I guess I'll go and book a Visa appointment. To make matters worse, VFS Global's website is experiencing issues and I cannot schedule a visa appointment :cry:

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

Post by CR001 » Tue Apr 03, 2018 2:20 pm

James1859 wrote:
Tue Apr 03, 2018 2:04 pm
Thank you, it is weird that it must explicitly state that. I mean I am a British Citizen, hence EU national (for now at least) and she is a member of my family. So strange! Ok, I guess I'll go and book a Visa appointment. To make matters worse, VFS Global's website is experiencing issues and I cannot schedule a visa appointment :cry:
For the purposes of immigration and the spouse visa, you are only considered British in the UK and not an EU citizen and your spouse falls under the UK immigration rules and not the more favourable EEA/EU regulations/rules.
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Re: Travel to Schengen, without visa, for EEA-family members

Post by James1859 » Tue Apr 03, 2018 2:23 pm

I see, thank you very much.

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

Post by markmccarron » Wed Apr 04, 2018 11:42 pm

Hi, new to this wondering can I get advice please as I’m getting conflicting reports. Any help would be grateful. I’m Algerian born but living in Northern Ireland, UK and have Irish Citizenship for 20 years now. My question is about for my mother who is Algerian citizen living in Algeria. My mother does not want to seltle in U.K. OR EU. It just about travel.
My mother has been travelling to the U.K. since 1960’s every couple years applying for her usual tourist visa without issue.
She has also been travelling to France for the past 30 years with a visa without issue to visit her sister who has French citizenship. She has never overstayed or stayed more than a few weeks. However this time applying for her usual visa to France to her horror she was refused. She ended up appealing the refusal and was told she wasn’t getting the visa as she was flying into Geneva Switzerland not France on previous trips. Her sister,(my aunt) only lives 9 miles away from Geneva airport In France! My mum is in her late 60’s and her sister is in her 89 in France and In frail health, causing my mum great distress not been able to visit.

What would be my mum best options to take my mum to France. She has a current U.K. visa. Could she travel here to U.K. and I take her to France under eu rules?

Could I travel to Algeria and then take her to France with me?

I don’t think I can do that EEA Family permit thing for her as my northern Irish wife is disabled for the past 3 years and I wouldn’t qualify for sponsoring her now.

I’ll just re-interate my mum doesn’t want to settle EU or U.K.

Apologies if I’ve posted in the wrong place

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

Post by Caravel88 » Sat Apr 21, 2018 1:55 pm

Apply under the ECAA route showing it as if you are both travelling to France together? I am not sure if you will need to show she is a dependant, however. And make it clear in the application "as per the Schengen rules we are applying to France since that's the destination of the stay".
markmccarron wrote:
Wed Apr 04, 2018 11:42 pm
Hi, new to this wondering can I get advice please as I’m getting conflicting reports. Any help would be grateful. I’m Algerian born but living in Northern Ireland, UK and have Irish Citizenship for 20 years now. My question is about for my mother who is Algerian citizen living in Algeria. My mother does not want to seltle in U.K. OR EU. It just about travel.
My mother has been travelling to the U.K. since 1960’s every couple years applying for her usual tourist visa without issue.
She has also been travelling to France for the past 30 years with a visa without issue to visit her sister who has French citizenship. She has never overstayed or stayed more than a few weeks. However this time applying for her usual visa to France to her horror she was refused. She ended up appealing the refusal and was told she wasn’t getting the visa as she was flying into Geneva Switzerland not France on previous trips. Her sister,(my aunt) only lives 9 miles away from Geneva airport In France! My mum is in her late 60’s and her sister is in her 89 in France and In frail health, causing my mum great distress not been able to visit.

What would be my mum best options to take my mum to France. She has a current U.K. visa. Could she travel here to U.K. and I take her to France under eu rules?

Could I travel to Algeria and then take her to France with me?

I don’t think I can do that EEA Family permit thing for her as my northern Irish wife is disabled for the past 3 years and I wouldn’t qualify for sponsoring her now.

I’ll just re-interate my mum doesn’t want to settle EU or U.K.

Apologies if I’ve posted in the wrong place

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

Post by Fiona1206 » Wed Oct 10, 2018 5:36 pm

Eu traveling with non Eu both living in Egypt. We wish to move to Germany so applied for 2004/38Ec free movement visa but received tourist visa C type 22 days.
The question is if we go to Germany with this can we either
1 extend the visa while I apply for residency
2 stay without visa as my husband is married to Eu
3 do I have to stay and he goes back to Egypt and applies again ?
Is there a solution to this that can be achieved while we are in Germany 22 days

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Re: IRL or UK to Schengen, without visa, for EEA-family memb

Post by smah » Sun Nov 04, 2018 5:30 pm

ca.funke wrote:
Thu Feb 16, 2012 9:35 am
Hi tonypetty,

so you´re in the following scenario?
  • 2 parents, one on ILR and one on Tier 2
  • 2 children who are British nationals (passport is irrelevant, see >>here<<)
  • 1 child on ILR
I think the 3 non-British of yee will need visas :(

Reason is in
>>2004/38/EC<<, Articles 2 and 3 wrote:Article 2
Definitions
For the purposes of this Directive:
(...)
2. ‘family member’ means:
(...)
(d) the dependent direct relatives in the ascending line and
those of the spouse (...);
(...)
(=not you, because you´re not dependent on your children, I guess?)

Article 3
Beneficiaries
(...)
2. Without prejudice to any right to free movement and
residence the persons concerned may have in their own right,
the host Member State shall, in accordance with its national
legislation, facilitate entry and residence for the following
persons:

(a) any other family members, irrespective of their nationality,
not falling under the definition in point 2 of Article 2 who,
in the country from which they have come, are dependants
or members of the household of the Union citizen having
the primary right of residence(...)

(...)

The host Member State shall undertake an extensive examina-
tion of the personal circumstances and shall justify any denial
of entry or residence to these people.
So if at all you should have "entry facilitated", while I guess a visit-visa for you would not be refused anyway.

But then again: My understanding of the law as far as "who is a benificiary" outside of spouses isn´t great. Maybe some else can say something different/better about this?
Hi guys,
Been a while since I have posted but always kept on checking the posts to see if I can be of any use to someone. Been through quite some journey with UK immigration and need some advise from you good people.
So I have been in UK since 2009 and overstayed due to fraud solicitors. Got married October 2017 in UK as per islamic marriage not registered with UK court. I did not inform the Home office as we were trying to get some paperwork. But at least the police got involved and had to go to detention then application , bail , refusal , deportation, I choose to leave voluntarily so I would have 1 year ban and paid for the ticket myself. Came back with my wife( who is English) in the same flight to Bangladesh and got our marriage ceremony done here.Due to all the complication I have decided to take the EU route and need your help badly guys.
I have managed to arrange for work permit for poland. (I can apply for temporary residence permit in Poland after I arrive there)to be confirmed and hope you can help me with that a swell. Now I need help as to how I can get back in UK and settle there.
Please ask any question to give better advise guys
Thanks for your help

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