EEA family member travel

[shalala]

Dear All,

Me (a Polish national exercising treaty rights in the UK) and my partner (non-eea family member) are planning to visit Poland later on this year. We have been in a civil partnership for the last 5 years. He got his EEA Family Member Residence Card on which we travelled extensively throughout the EU without much trouble (but never in Poland).

The Polish Embassy states that they do not recognise same-sex partnerships - only opposite-sex marriages for the purposes of the 2004 Directive. It means that we would have to travel all the way to London for his visa appointment (we live in the North of Scotland) where the fee is payable and he needs to submit a pile of paperwork as he's applying for a regular tourist visa.

I thought about three options and would like some opinions on them if anyone was in a similar situation:

1) Book a KLM flight to Gdansk with a stop-over in Amsterdam. As I understand we would cross the Schengen border in AMS (which we did before with no problem) and then there would be no Immigration Control in Gdansk since it's an intra Schengen flight so, in theory, it looks like the most convenient way for us. On the return flight I don't think there would be any problems since we would go through AMS again.

2) Apply for a Schengen Visa at the Dutch centre in Edinburgh as an EEA family member - should be quick, free and much fewer documents required.

3) Apply for a Schengen Visa at Polish Embassy in London (why they don't take applications at Edinburgh Consulate is beyond me). To be honest I dread this option as I had to deal with the London/Edinburgh missions before and their staff is absolutely rude, useless and uninformed about anything.

I would appreciate any opinions.

Kind Regards

[secret.simon]

The Polish Embassy states that they do not recognise same-sex partnerships - only opposite-sex marriages for the purposes of the 2004 Directive.

Make the Polish Embassy and Consulate in Edinburgh aware of the ECJ judgment in the Coman case, which includes same-sex couples in the definition of spouse under Directive 2004/38/EC. The judgment is less than a week old, so they may not be aware of it.

Topic moved to the Europe Migration forum as the discussion is about rules and laws relating to entry into Poland, not the UK.

[gokulatti]

I am having trouble understanding the judgement. Although there were 4 questions raised under point 17 (i.e 1,2, + question 3 if 1 is negative and 4 from the ECJ judgement above) while 3 is directly related to same sex durable relationship duly attested for example civil partnership which covers the OPs post.

From my understanding, I am having difficulty if ECJ actually covered civil partnership of same sex. I feel like they left out to cover point 3 since 1 was positive and precondition for question 3 was if 1 and 2 were negative.

From the actual judgment:

In a situation in which a Union citizen has made use of his freedom of movement by moving to and taking up genuine residence, in accordance with the conditions laid down in Article 7(1) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, in a Member State other than that of which he is a national, and, whilst there, has created and strengthened a family life with a third-country national of the same sex to whom he is joined by a marriage lawfully concluded in the host Member State, Article 21(1) TFEU must be interpreted as precluding the competent authorities of the Member State of which the Union citizen is a national from refusing to grant that third-country national a right of residence in the territory of that Member State on the ground that the law of that Member State does not recognise marriage between persons of the same sex.

2. Article 21(1) TFEU is to be interpreted as meaning that, in circumstances such as those of the main proceedings, a third-country national of the same sex as a Union citizen whose marriage to that citizen was concluded in a Member State in accordance with the law of that state has the right to reside in the territory of the Member State of which the Union citizen is a national for more than three months. That derived right of residence cannot be made subject to stricter conditions than those laid down in Article 7 of Directive 2004/38.

I am still confused if it actually applies to same sex civil partners.

[secret.simon]

I am still confused if it actually applies to same sex civil partners.

Good point.

Living in the UK, I treat a civil partnership as being the same as a marriage, but the Polish authorities may play hardball and refuse the equivalence.