Schengen visa for family member of EU citizen

[jinkazama_11]

Hi
I need some clarification re Schengen visa for the family member of EU national.
Can my Non EU family member apply for Schegen visa under the Directive 2004/38/EC to accompany me to the other member state, my sole purpose of going to the other EU member state is tourism, the length of stay is between 1 and 2 weeks.
Thank you for your help.

[dan1988uk]

If you and your non EEA spouse are living in the UK and the non EEA citizen is holding a Residence card of a family member of EU citizen, the non EEA citizen does NOT need a visa to travel WITH YOU in the Schengen Area (apparently excluding Switzerland).

[flyboy]

That's right. Switzerland is not bound by Directives and whichever extra rights it gives to EU citizens or their family members.

[jinkazama_11]

If you and your non EEA spouse are living in the UK and the non EEA citizen is holding a Residence card of a family member of EU citizen, the non EEA citizen does NOT need a visa to travel WITH YOU in the Schengen Area (apparently excluding Switzerland).

Thank you for your reply.

The Non EU family member is my daughter, and she is NOT resident in UK and DOES NOT hold a resident card of a family member of EU citizen.

[dan1988uk]

According to the directive if traveling with you she does not require a visa, but practically without a residence card the airline will not even board her and even if she will be able to board she can be in trouble at the border, better apply for a visa. If your daughter is under 21 (or over 21 and dependent on you) the visa is free of charge.

[jinkazama_11]

Thank you for your help, will update my experience.

[mgb]

That's right. Switzerland is not bound by Directives and whichever extra rights it gives to EU citizens or their family members.

Switzerland is bound to the schengen rules.
Due to schengen borders code a residence card issued on basis of the directive 2004/38 entitle to a visa free entry.