Schengen visa for a non-EU married to an EU - where to apply

[alaskangirl]

Hello Everyone,

My husband is Polish and I am Russian.

My previous multi-entry Schengen was done via Polish Consulate and was valid for 1 year, during my first trip I did actually go to Poland (to Germany first).

This time, I am planning to go to the Polish Consulate again as they will not need confirmed flight tickets because I am a family member.

My QUESTION is whether or not I must visit Poland during the first trip. It might be a different country of the Schengen zone (most likely France) - is it going to be okay while crossing the border and returning back to the UK? My husband will not be travelling with me either as I will be visiting a friend.

I also heard that some people like me (non-EU married to a EU) get a Schengen visa valid for 5-yrs - any idea who they manage?

Many thanks for your help.

[EUsmileWEallsmile]

A third country national such as yourself not travelling with your EU spouse would be like any regular visitor. A visa would not be free. (There are some special arrangements for Russian citizens as I recall).

[icexxik]

Hello Everyone,

My husband is Polish and I am Russian.

My previous multi-entry Schengen was done via Polish Consulate and was valid for 1 year, during my first trip I did actually go to Poland (to Germany first).

This time, I am planning to go to the Polish Consulate again as they will not need confirmed flight tickets because I am a family member.

My QUESTION is whether or not I must visit Poland during the first trip. It might be a different country of the Schengen zone (most likely France) - is it going to be okay while crossing the border and returning back to the UK? My husband will not be travelling with me either as I will be visiting a friend.

I also heard that some people like me (non-EU married to a EU) get a Schengen visa valid for 5-yrs - any idea who they manage?

Many thanks for your help.

1. I know the French consulate issues 1 year multiple entries to spouses of non-eea nationals. There is also a post on this forum from a non-eea spouse who got a visa to Belgium and didn't visit Belgium, but another Schengen state. Upon 2nd application, Belgium refused her visa for not visiting Belgium.

2. If you receive a visa and you are a spouse of a non-EEA national, you can travel without your EEA spouse. If you are using EEA residence card to travel, you must travel with your EEA spouse.

[icexxik]

A third country national such as yourself not travelling with your EU spouse would be like any regular visitor. A visa would not be free. (There are some special arrangements for Russian citizens as I recall).

I don't think it's quite correct. If she does get a Schengen visa as a non-EEA spouse of EEA national, she is allowed to travel in any capacity, with her husband of without. If she travels without a visa, but relies on an EEA residence card - then she must travel with or to join the husband.

[EUsmileWEallsmile]

A third country national such as yourself not travelling with your EU spouse would be like any regular visitor. A visa would not be free. (There are some special arrangements for Russian citizens as I recall).

I don't think it's quite correct. If she does get a Schengen visa as a non-EEA spouse of EEA national, she is allowed to travel in any capacity, with her husband of without. If she travels without a visa, but relies on an EEA residence card - then she must travel with or to join the husband.

You should familiarise yourself with this

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

[icexxik]

A third country national such as yourself not travelling with your EU spouse would be like any regular visitor. A visa would not be free. (There are some special arrangements for Russian citizens as I recall).

I don't think it's quite correct. If she does get a Schengen visa as a non-EEA spouse of EEA national, she is allowed to travel in any capacity, with her husband of without. If she travels without a visa, but relies on an EEA residence card - then she must travel with or to join the husband.

You should familiarise yourself with this

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

I've read this yes, but in practice the Schengen visas issued are the same as all other Schengen visas. I have seen one issued by Germany for spouse of EEA national. There are no remarks on it. I will see one that France issues and post back here if it is any different from other visas that my wife got from that embassy before.

[EUsmileWEallsmile]

I don't particularly want to argue with you, but please note that if freedom of movement applies, then a free visa is issued with simplified procedure. If a person issued with a visa on such a basis does not in fact travel with or join their family member (no freedom of movement applies), they will be subject to the normal schengen visa rules. They will be subject to the thorough check at the border and will be required to have proof of funds, accommodation, etc, etc.

If one wants to do something different, be aware of what might happen.

[fysicus]

I've read this yes, but in practice the Schengen visas issued are the same as all other Schengen visas. I have seen one issued by Germany for spouse of EEA national. There are no remarks on it. I will see one that France issues and post back here if it is any different from other visas that my wife got from that embassy before.

There may be no explicit remarks, but sometimes subtle details can show the difference. For example, on visas issued by the Netherlands the actual visa fee that was charged is mentioned, and when this is zero euro one can conclude that it was issued to a family member of an EU national under free movement rights.