Spouse of EEA Natl in the UK on Tier 1, w/o a visa to France

[icexxik]

I have a dilemma. My wife is non-EEA (Russian). We applied for BR5 (EEA2 residence card), and that takes a while. Her Tier 1 permit is running out in February and the French embassy refuses to accept a visa application from her (British residence permit must be valid for 3 months after the proposed return from France). This is of course against EU law, but we have not time to argue our case (I complained through SOLVIT and they said they'll take care of it in ... 70 days).

We want to go to France in the beginning of February. We'll be taking a train from London to Moutiers, no dumb airline check-in staff to get through, just the French immigration. We will be armed with a marriage certificate (it's a UK marriage). Can anyone predict an outcome of attempting to do this without getting a visa?

After familiarizing myself with relevant parts of EU law it seems that "before turning her back" the immigration officials must consider evidence of relationship that confirms her free travel rights and either issue a visa on the spot or waive her through.

[EUsmileWEallsmile]

Article 5.4 of the directive 2004/38/EC (MRAX) would apply as you've read. Prove entitlement and you must be allowed in.

[icexxik]

Article 5.4 of the directive 2004/38/EC (MRAX) would apply as you've read. Prove entitlement and you must be allowed in.

Thanks for that.

Just received the following e-mail from TLSContact:

For everyone else out there with British residency valid for less than 1 month, French embassy will accept your documents. Complain to SOLVIT and write to the embassy e-mail with your circumstances. Took just 4 days to get this.

Good Morning,

I am writing on behalf of the Consulate-General of France regarding the submission of your visa application.

TLScontact will now be able to take the visa application. Therefore we would kindly request that you create an account on TLScontact website https://www.tlscontact.com/gb2fr/login.php, register all the personal details and provide us with the reference number in order to get you an earlier appointment to submit the visa application.

For further queries do not hesitate to contact us via email or through the call center on +44 845 7300 118 Monday to Friday 08:30-16:30.

Kind Regards
--

[Directive/2004/38/EC]

Be sure tp travel with your marriage certificate. See http://eumovement.wordpress.com/2010/08 ... to-travel/