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Travel without RC! Help.

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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Wild Rose
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Posts: 4
Joined: Fri Sep 14, 2012 9:20 pm

Travel without RC! Help.

Post by Wild Rose » Fri Sep 14, 2012 9:37 pm

Hi everyone,I am a non EU visa required national, married to an EU citizen. We are living in the UK. I've applied for my UK residence 3 months ago. I have not yet received my COA but have managed to have our passports returned. We are intending to travel to Spain and I've been told that I do not need a shenghen visa if I travel with my EU spouse. My question is whether this is actually the case If I don't yet have my UK residence card?
Thanks in advance for any advice.
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EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Re: Travel without RC! Help.

Post by EUsmileWEallsmile » Fri Sep 14, 2012 10:12 pm

Wild Rose wrote:Hi everyone,I am a non EU visa required national, married to an EU citizen. We are living in the UK. I've applied for my UK residence 3 months ago. I have not yet received my COA but have managed to have our passports returned. We are intending to travel to Spain and I've been told that I do not need a shenghen visa if I travel with my EU spouse. My question is whether this is actually the case If I don't yet have my UK residence card?
Thanks in advance for any advice.
Not sure from your post if you normally need a visa or not. If you normally need a visa, you will most likely be denied boarding by a carrier, even before you get to a border. If however, you do get to a border you could argue your case under article 5.4 of dir 2004/38/ec.
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Wild Rose
Newly Registered
Posts: 4
Joined: Fri Sep 14, 2012 9:20 pm

Post by Wild Rose » Fri Sep 14, 2012 11:02 pm

Thank you for you response. Yes I normally do need a visa. I have a visa for Ireland. So If I get EEA FP there will it be sufficient? Would EEA FP cover the RC which I don't have yet to get me on the plane and to pass the border control in Spain with the marriage certificate and the directive 2004/38/ec.
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EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sat Sep 15, 2012 6:58 am

Wild Rose wrote:Thank you for you response. Yes I normally do need a visa. I have a visa for Ireland. So If I get EEA FP there will it be sufficient? Would EEA FP cover the RC which I don't have yet to get me on the plane and to pass the border control in Spain with the marriage certificate and the directive 2004/38/ec.
In order to do this, you will probably need a shengen visa for Spain and another family permit to get back into the UK. (This assumes that you are are flying between the UK and Spain). If you don't have one, you will encounter difficulties with the airlines.
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Sep 16, 2012 12:38 am

So you have applied for a RC in the UK. You presently do not have an UK-issued EEA FP, but you do have a visa for Ireland. Is there anything in your passport presently that says explicitly that you are the spouse on an EU citizen?

Do you want a relaxed holiday? Why go to Spain?

Have you considered driving?

No matter what you must carry your marriage certificate, travel with your EU spouse and understand very carefully the information at http://eumovement.wordpress.com/2010/08 ... to-travel/
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