Schengen visitor visa when BRP expires soon

[Bgsbgs]

My wife is trying to apply for a new Schengen visa (France ideally). However, her UK BRP (spouse of a British citizen) is expiring soon and the website says that she needs to have a UK residence permit valid for 90 days to apply (her BRP expires in September).

We will renew her BRP eventually but clearly this doesn't happen overnight (we will have it in six weeks).

Is there any way around this (other than trying to get a visa on arrival, which I don't want to risk)? Does it also apply to visas for spouses of EU citizens ?

Does any Schengen country not have this requirement and will give her a visa before her BRP is renewed?

[Caravel88]

If you are British and residing in Britain, they will ask to have 3 month validity.
No workaround this unless you move to France and start living there.

My wife is trying to apply for a new Schengen visa (France ideally). However, her UK BRP (spouse of a British citizen) is expiring soon and the website says that she needs to have a UK residence permit valid for 90 days to apply (her BRP expires in September).

We will renew her BRP eventually but clearly this doesn't happen overnight (we will have it in six weeks).

Is there any way around this (other than trying to get a visa on arrival, which I don't want to risk)? Does it also apply to visas for spouses of EU citizens ?

Does any Schengen country not have this requirement and will give her a visa before her BRP is renewed?

[Bgsbgs]

What is the reason for this requirement though?

She will still be the spouse of an EU citizen after the BRP expires, so why would a BRP expiring be an issue?

[Caravel88]

You get to benefit from the EU law if you exercise your right of Free movement. Otherwise national laws of your own country apply to you.

Unless the OP has lived in an other EU country the OP is considered British and his and his family's case will be handled under UK immigration rules.

What is the reason for this requirement though?

She will still be the spouse of an EU citizen after the BRP expires, so why would a BRP expiring be an issue?

[Bgsbgs]

You get to benefit from the EU law if you exercise your right of Free movement. Otherwise national laws of your own country apply to you.

Unless the OP has lived in an other EU country the OP is considered British and his and his family's case will be handled under UK immigration rules.

What is the reason for this requirement though?

She will still be the spouse of an EU citizen after the BRP expires, so why would a BRP expiring be an issue?

I think you misunderstood my question (perhaps I wasn’t clear). I was asking why the French authorities care when my wife’s British residence permit expires. She will still be the wife of a British citizen after her BRP expires.

[Caravel88]

If you are living abroad and have less than 3 months on your residence permit you won't be allowed to apply for visas from there in most cases. This is for the same reason that most countries require you to have a passport valid 3 to 6 months longer than your planned stay when travelling.

The fact that your spouse is married to a British citizen has no bearing here.
The validity of the residence permit is the decisive factor.

If you really want to exercise your rights (and so you should), just travel to France without a visa and back. Planes might be tricky thought because everyone says you won't be allowed to board one despite the EU directives.

You get to benefit from the EU law if you exercise your right of Free movement. Otherwise national laws of your own country apply to you.

Unless the OP has lived in an other EU country the OP is considered British and his and his family's case will be handled under UK immigration rules.

What is the reason for this requirement though?

She will still be the spouse of an EU citizen after the BRP expires, so why would a BRP expiring be an issue?

I think you misunderstood my question (perhaps I wasn’t clear). I was asking why the French authorities care when my wife’s British residence permit expires. She will still be the wife of a British citizen after her BRP expires.

[Bgsbgs]

I guess what I am getting it is that I don’t see what risk they are trying to mitigate by imposing this restriction? Most of the docs they ask for have a clear purpose (eg being able to show we can support ourselves or that we have valid travel documents).

However I can’t see the point of this requirement - surely they can’t be worried that we are trying to illegally immigrate to France given that (a) we could legally immigrate there whenever we want given free movement legislation (b) she has a high paying job in London so she is hardly going to give that up for the life of an illegal immigrant with a low paying black economy job in a country whose language she doesn’t speak...

[Caravel88]

Laws and regulations are not made specifically to target your wife. They are made to handle the matters of the masses.

If you do not have a residence permit longer than 90 days in a country, you are not considered a resident there. If your permit is expiring soon, either you renew it or you leave. Therefore they want to see it longer than 90 days.

France (so is all countries) want to know the person who is travelling has no legal implications to go back where they come from.

A resident of Britain is given a certain leeway compared to over-seas subjected-to-visa nationals when it comes to getting a Schengen visa. If such a national is not actually living or going to be living in Britain they wouldn't do this.

So your spouse can travel to their country of origin today and apply for a visa however they like regardless of their BRP validity. But to apply from a 3rd country where they live (ie, Britain), they have to prove their permission to live there even after the end of their planned stay in the other country they want to visit.

I guess what I am getting it is that I don’t see what risk they are trying to mitigate by imposing this restriction? Most of the docs they ask for have a clear purpose (eg being able to show we can support ourselves or that we have valid travel documents).

However I can’t see the point of this requirement - surely they can’t be worried that we are trying to illegally immigrate to France given that (a) we could legally immigrate there whenever we want given free movement legislation (b) she has a high paying job in London so she is hardly going to give that up for the life of an illegal immigrant with a low paying black economy job in a country whose language she doesn’t speak...

[ELN1982]

Hi there I wondered what happened with your situation as we have exactly the same problem. Brp will only have 2 months left before expiry not 90 days.
Thanks