EC says visa free travel to France for spouse with EEA2 visa

[bdb303]

Have complained to the European Commission regarding the French embassy insisting that my non-EU spouse required a Schengen visa to enter France. They have sent me the following letter, stating that the French have actually correctly transposed Directive 2004/38/EC and that an EEA2 residence permit holder can accompany their EU spouse to France, without a visa.

See the following:

The EEA2 residence permit is issued under Regulation 17 of the Immigration (European Economic Area) Regulations 2006 and is entitled as "Residence card of a family member of an EU national."

In order to comply with the provisions of Directive 2004/38/EC, France brought into force the Code on Entry and Stay of Foreigners and Right to Asylum (Code de l'entree et du sejour des etrangers et du droit d'asile), as amended.

Article R121-1 of the Code correctly transposed article 5(2) of the Directive by providing that third country family members are exempted from the visa requirement if they have a document providing their family link with an EU citizen. Your EEA2 residence permit can be considered such a document.

This residence card should, in accordance with article 5(2) of the Directive, exempt your [non-EU spouse] from the visa requirement in any EU member state, provided she accompanies you or joins you there.

Now that I actually have the specific French law backing me up, I am now planning to write to the French embassy and request that they update their website to state that a visa is not required for a EEA2 residence permit holder. I will enclose a copy of the letter I received from the EC.

Does anyone know any address of the French ministry dealing with embassies that I can also send my complaint to?

[ca.funke]

Hi bdb303,

well done

May i direct your attention to the same case from an Irish perspective, just so you know that you're not alone... Read >>here<<.

If you want, please support my petition in this regard, details >>here<<.

Have a good weekend!

[86ti]

Does anyone know any address of the French ministry dealing with embassies that I can also send my complaint to?

Probably start here http://www.diplomatie.gouv.fr/en/ I guess.

[bdb303]

wow that is impressive ca.funke... any chance of getting around to doing the London embassies?

[86ti]

wow that is impressive ca.funke... any chance of getting around to doing the London embassies?

I was thinking about the same some time ago but just didn't find the time to do it (exhaustively).

All I can say is that Estonia and Latvia say yes in emails (will check RIga airport next Sunday if Ryanair won't make any fuss). Austria said no half a year ago (webpage has no information) but Austrian MFA said yes after a complaint to Solvit. Embassy webpages of The Netherlands, Italy, Germany (still excluding their own citizens), Sweden, Estonia, Latvia say yes and Czech Republic says visa on arrival possible.

EDIT: Stupid me, http://www.immigrationboards.com/viewto ... 12&start=0 of course.

[bdb303]

Yeah I'm aware of that post. I hope my letter from the EC will make it clear to the French embassy that they are wrong and that they should change the information on their website...

[ca.funke]

...Germany (still excluding their own citizens)...

I was sort of active concerning the German stuff too see >>here<<. I think the webpage in London should thus be updated soon...

wow that is impressive ca.funke... any chance of getting around to doing the London embassies?

Thanks! Feel free to copy my thread into a corresponding London enquiry. I can tell you - it's quite some work...

[bdb303]

I see you have also sent a complaint to the EC. It took them well over a month to get back to me and the problem now is that although they back me up, I don't think they're taking any action against the French embassy...

[Tobbe]

I was down at the French embassy in London picking up a Schengen visa
just a few weeks ago. The lady told me that “very soonâ€

[bdb303]

Update, received confirmation from Solvit that French guards are in fact applying the directive correctly and letting through non-EU family members on an EEA2 permit.

Our collegue in France has told me at the end of August that the border control was aware of the legal rules, due to internal instructions reminding Directive 2004/38 EC. In the internal instructions is mentioned the fact that an applicant without a visa, but with a family member title can enter French territory. In the internal instructions is also mentioned that an applicant does not have to have such title to enter France and that the border control then has to give all reasonable time and means to the applicant to prove that he is in the Directive.

Unfortunately I have not managed to get this into writing from anyone on the French side!