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Can I apply for a Schengen visa with a EEA permit expired?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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toabetterchange
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Location: UK

Can I apply for a Schengen visa with a EEA permit expired?

Post by toabetterchange » Sat Apr 14, 2012 8:40 pm

Hello people

Can anyone tell me if Can I apply for a Schengen visa with a EEA permit expired? or can I apply for another EEA family permit within the UK? applying for a Residence Card is too long - I am planning to travel to Spain soon( I travel alone) :(

Thanks

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Apr 15, 2012 12:04 pm

If you plan to travel to Spain alone, freedom of movement will not apply. You will need to apply for a Schengen visa in the country where you live. You may struggle to demonstrate that you live in the UK without UK residence documentation.

You can't get a family permit within the UK. You could apply for one abroad.

You're in the same boat as many others. Residence card takes 3 - 4 months. A residence card would not permit you to travel to Spain alone.

zubby007
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Re: Can I apply for a Schengen visa with a EEA permit expire

Post by zubby007 » Sun Apr 15, 2012 6:18 pm

toabetterchange wrote:Hello people

Can anyone tell me if Can I apply for a Schengen visa with a EEA permit expired? or can I apply for another EEA family permit within the UK? applying for a Residence Card is too long - I am planning to travel to Spain soon( I travel alone) :(

Thanks

Can anyone tell me if Can I apply for a Schengen visa with a EEA permit expired? = NO, you can ONLY apply for Schengen visa with a vaild resident or vaild FP.
can I apply for another EEA family permit within the UK? = NO, you can ONLY apply for EEA FP outside the UK.

ca.funke
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Location: Zürich, CH (Schengen)
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Re: Can I apply for a Schengen visa with a EEA permit expire

Post by ca.funke » Mon Apr 16, 2012 8:56 am

Hi toabetterchange,

Schengen and (UK)EEA-FP are totally independent of each other.

Thus, applying for Schengen is possible, independent of your UK-status.

That said, if you want to travel to Schengen alone, "freedom of movement" does not apply. As such you will have to lodge a "normal" Schengen-application. You will have to demonstrate how you intend to return to the UK. Obviously this will be harder (if not impossible) without EEA-FP or residence-card...

In practice, I would suggest you tell (any Schengen-embassy) that you intend to travel together with your wife (making "freedom of movement laws apply). This way the visa will be free of charge and cannot be refused. The visa itself usually isn´t any different if you apply like this. You can then travel (even alone) using the obtained visa.

It will be hard to return to the UK in this scenario!

Any questions, just ask...

Rgds, Christian

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