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The French do recognise durable partners.MissS wrote:Hello all,
Can someone please clarify something for me? I have searched the board and found similar cases, but none quite like mine.
I am non-EEA, holder of a permanent residence card, and am an unmarried partner to an EEA national. We wish to travel to France, and even though I thought that I should not need a visa to travel to France, having read the embassy website, I had resigned myself to the fact that I would need to apply for a visa as my PR does not have those exact words ‘ family member of an EEA national’. I went on the TLS website (who are responsible for French visa applications) and found out from the application form, and also after an enquiry sent to them, that I cannot apply as a family member of an EEA national as I am not married to the EEA national, and therefore need to apply independently as a tourist, thus losing such advantages as accelerated processing time, non-payment of visa fees, and also that I will need to provide proof of funds, get insurance etc. Anyone had similar experience? It seems a bit strange considering the reason I obtained the PR was because I was deemed a family member under Article 3 2(b), does this not matter outside the UK? Do the French not recognise unmarried partners? Any input would be helpful, thank you.
EUsmileWEallsmile wrote:The French do recognise durable partners.MissS wrote:Hello all,
Can someone please clarify something for me? I have searched the board and found similar cases, but none quite like mine.
I am non-EEA, holder of a permanent residence card, and am an unmarried partner to an EEA national. We wish to travel to France, and even though I thought that I should not need a visa to travel to France, having read the embassy website, I had resigned myself to the fact that I would need to apply for a visa as my PR does not have those exact words ‘ family member of an EEA national’. I went on the TLS website (who are responsible for French visa applications) and found out from the application form, and also after an enquiry sent to them, that I cannot apply as a family member of an EEA national as I am not married to the EEA national, and therefore need to apply independently as a tourist, thus losing such advantages as accelerated processing time, non-payment of visa fees, and also that I will need to provide proof of funds, get insurance etc. Anyone had similar experience? It seems a bit strange considering the reason I obtained the PR was because I was deemed a family member under Article 3 2(b), does this not matter outside the UK? Do the French not recognise unmarried partners? Any input would be helpful, thank you.
Your PR card is an article 20 residence card and ought to be accepted just like your old article 10 card. You may find that airlines are unfamiliar with this.
If you looked at the German website, it gives a much clearer steer on what documentation would be acceptable.
EUsmileWEallsmile wrote:Direct family members have an easier time demonstrating entitlement.
That said, in principle you should be able to use your PR card for travel.
France does recognise other family members.
EUsmileWEallsmile wrote:A little bit of history...
Directive 2004/38/ec explicitly states that article 10 residence cards can be used in lieu of visa. It also specifies that such cards are to be entitled 'residence card of a family member of a union citizen".
The UK failed to entitle the card as specified. Consulates in an attempt to clarify matters for the user and to differentiate between national immigration rules and EU law have advised UK holders that they need to hold card of "an EEA national".
Directive 2004, etc does not explicitly state that such cards can be used in lieu of visa, but given that they are inherently superior to an article 10 residence card, the only realistic interpretation is that they can also be used in the same fashion as article 10 cards.
The directive fails to provide a specified title and implicitly allows member states freedom to decide how to entitle it. The UK decided to simply call it permanent residence card.
Embassies have not caught up...
Does it help you? Maybe not, but it is important that you don't take generic website advice as being completely correct.