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Schengen VISA for parents

Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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girishmr
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Posts: 13
Joined: Tue Jul 06, 2010 9:23 am
Location: Bangalore , india

Schengen VISA for parents

Post by girishmr » Mon Oct 31, 2016 10:47 am

Hello All,

My Son was born here and has the British passport. Now I am planning a trip to Europe. Can parents with ILR status travel to Europe without Schengen visa under family membership category.

Thanks

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Schengen VISA for parents

Post by Casa » Mon Oct 31, 2016 12:59 pm

girishmr wrote:Hello All,

My Son was born here and has the British passport. Now I am planning a trip to Europe. Can parents with ILR status travel to Europe without Schengen visa under family membership category.

Thanks
NO Without the correct visa the airline won't allow you to travel.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Schengen VISA for parents

Post by secret.simon » Mon Oct 31, 2016 9:38 pm

For you to be counted as the direct family members of an EEA citizen as parents, you need to be dependent on him/her (not the other way round).

If so, you could, in theory, travel around Europe to either join him or accompany him without a visa.

But firstly, as Casa pointed out, airlines may stop you from boarding as the checkin staff may not have complete knowledge of EU law.

Secondly, you would need to provide all proof of your dependency on your child to the immigration officer where you land.

It is probably better to get a Schengen visa even if you were the dependent parents of an EEA citizen.

And it sounds to me like that is unlikely to be the case.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mgb
Senior Member
Posts: 649
Joined: Tue Dec 17, 2013 8:28 pm

Re: Schengen VISA for parents

Post by mgb » Tue Nov 01, 2016 9:22 pm

secret.simon wrote:For you to be counted as the direct family members of an EEA citizen as parents, you need to be dependent on him/her (not the other way round).

No, take a look at the case C-200/02 - Zhu and Chen.
A schengen visa (visa for a family member EU) is still needed.

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