Direcrive 2004/38/EC Grey areas?

[frei]

de

[frei]

Thank you so much for your advise. This is what I am worried about. I dont want to see my husband being detained at the French border, I wouldn't even know who to call or what to do... I think id need to research on French based EU Immigration rights institutions in France before we leave. Yes, I have made so many various complaints to various institutions and you are absolutely right. I complained to the EU Ombudsman and of course my complaint "didn't fall into the scope of their work". The UK SOLVIT know this very well and are playing the situation to their advantage. I don't know what they get out of it. Its highly frustrating to say the least.

I have emailed, last week, a contact at the UK based BIS, who deals with Posted workers and self employed people within the EU. All I did was ask for the A1 form in order to post myself to France as a self employed person, but to keep myself under the UK welfare and tax system. I still haven't got a reply from them yet. From the down rotten basic to the higher end of the EU institutions, they are all utterly useless. Even getting my rights as a British Citizen in order to work in France seems like a chore.

Ah! forget the buffoons that run the EU offices, everyone is there for their pockets, they don't have us in mind. In the unlikely event that your husband was detained in France he surely will be giving a legal representation, they wouldn't start a proceeding against him and expect him to provide for himself a representation except he had opted to do so.

Do not be stuck with the french, try other embassies as aforementioned German preferably. my friend had to apply to about 4 different EU embassies as a spouse of EU citizen before he got lucky on the 4th one. mine though was straight forward with the Germans have found them very formal in their handling of visa applications. if however, you encounter any issue with the Germans kindly post back, and I will be happy to be of help.

Good luck.

[frei]

de

[Directive/2004/38/EC]

Your husband will need to have a visa to get on a plane. The question is simply where will you be flying to, and therefore which visa you will want to apply for.

[SRAQAI]

We have tried for a french schengan entry visa since July 2011 and my husband does not want to go through the whole embassy process again... which in Pakistan is time costing, tiring and requires time off work and long distance travel... my husband has been put under a lot of hardship by the French Embassy, they have really put him on the runaround. If we do this, I think we will just do it, by getting an airline to co-operate by educating them on the Directive (most likely Emirates airlines) and then go onto a Schengan country which have an understanding of the Directive.

Do you think Germany is the best place to show up at the border without a visa and try entrance under the Directive? This is getting very tedious now, to the extent that its affecting our marriage personally. My husband is just fed up to the point now where he doesn't even want to go any more, because of the runaround.

If your husband got to a border with you he would be admitted. Getting to a border is an entirely different matter though. Flying from Pakistan, via Dubai (or anywhere else) to France without a visa is likely to lead to denial of boarding.

Interestingly, spouses of EU nationals do not need a transit visa, so you could in theory be able to transit France if your husband had documentation for his final destination.

I understand it is frustrating, but if you can get the visa for France sorted, either by the appeal route or a fresh application, it will be much better for you.

Its interesting to know that Spouses of EU Nationals do not need a transit visa... Does the Schengan visa state the first state that is to be entered? If he had a visa for the final destination, i.e another member state, then he could still use that, to enter France as per my understanding though I could be wrong.

We are still awaiting response the to third recent application and the appeal... we are just stuck waiting. I have to leave Pakistan this coming week, so my husband cannot travel with me now anyway, with or without a visa. The French Embassy has his passport and if we take it back, they will withdraw the application, which we do not want to do. If they do eventually give him the visa, it would solve this horrible issue!

[SRAQAI]

Thank you so much for your advise. This is what I am worried about. I dont want to see my husband being detained at the French border, I wouldn't even know who to call or what to do... I think id need to research on French based EU Immigration rights institutions in France before we leave. Yes, I have made so many various complaints to various institutions and you are absolutely right. I complained to the EU Ombudsman and of course my complaint "didn't fall into the scope of their work". The UK SOLVIT know this very well and are playing the situation to their advantage. I don't know what they get out of it. Its highly frustrating to say the least.

I have emailed, last week, a contact at the UK based BIS, who deals with Posted workers and self employed people within the EU. All I did was ask for the A1 form in order to post myself to France as a self employed person, but to keep myself under the UK welfare and tax system. I still haven't got a reply from them yet. From the down rotten basic to the higher end of the EU institutions, they are all utterly useless. Even getting my rights as a British Citizen in order to work in France seems like a chore.

Ah! forget the buffoons that run the EU offices, everyone is there for their pockets, they don't have us in mind. In the unlikely event that your husband was detained in France he surely will be giving a legal representation, they wouldn't start a proceeding against him and expect him to provide for himself a representation except he had opted to do so.

Do not be stuck with the french, try other embassies as aforementioned German preferably. my friend had to apply to about 4 different EU embassies as a spouse of EU citizen before he got lucky on the 4th one. mine though was straight forward with the Germans have found them very formal in their handling of visa applications. if however, you encounter any issue with the Germans kindly post back, and I will be happy to be of help.

Good luck.

Thanks so much I appreciate your advise

[SRAQAI]

Your husband will need to have a visa to get on a plane. The question is simply where will you be flying to, and therefore which visa you will want to apply for.

What I was thinking was, to fly with Emirates, because they have a stopover transit in Dubai. Getting a visa for my husband to Dubai is a piece of cake, husband has been there before. So leaving Pakistan is not the issue, which is something that I was most concerned about, as the Pakistani immigration officers standing at airports and guarding their citizens are notorious for corruption and denying those even with a visa, exit from Pakistan. This can be overcome by bribes of money or jewelry or French perfumes.

Before the flight, I was going to contact Emirates in Dubai at their head office and educate them about the Directive, so that when we transit in Dubai, the airline staff would be expecting us and know that my husband will not have a visa in his passport. This would give them time to make their inquiries and check ups on the EU law etc, if I contact them a few weeks before the flight.

I am now going to be leaving Pakistan very soon and returning to London, so we cannot do this journey now, however when the time comes, I will visit the Emirates head office in London and educate them. They have a very large corporate office in London where customers can go in and speak to an advisor. Ill then take a flight out to Dubai myself, meet my husband there, who would have entered Dubai on a visit visa (which is obtainable online from the Emirates website) and then fly back out to France together. The Emirates head office, hopfully will have staff in Dubai airport expecting us, knowing the situation and that my husband will not have a visa. This is all only if his current application at the French Embassy is again rejected. We will see!

[sierra]

any update