Just applied for EEA4 - Able to get Schengen Visa with COA?

[dsab85]

My wife just applied for her PR (EEA4). Her Residence Permit expires shortly, and will not be valid anymore by the time we will ask fer the return of our passports.

Now we are planning to Travel to Germany (my Home Country) in December, and were wondering if anyone had any experience with getting a Schengen Visa with only a COA from the UKBA (and an expired RC).

Thanks,
dsab85

[Jambo]

She will of course need the passport to apply for a visa.

With RC, visa is not required. The CoA has no meaning for a Schengen visa. However, the visa should be free.

[dsab85]

She will of course have her passport, but the UK RC in it will be expired by then. So there is no proof in her passport that she is still "legal" in the UK. Based on that they would usually refuse a Visa.

The only proof of her being legal we will be able to provide is the COA from the UKBA.

I know we could just go, but as we have two toddlers I don't fancy standing at the border somewhere and arguing with immgration, possibly being refused entry. We would rather get a free Visa and be on the safe side.

[Jambo]

I suggest you contact the German consulate to find out.

Legally, under the free movement directive (and following ECJ Metock) they are prohibited from requiring a EEA family member to be a legal resident in the country they apply from. I suspect that not all the member states respect this.

[EUsmileWEallsmile]

Her stay in the UK does not cease to be legal on expiry of documentation. As Jambo said, consult with the embassy.