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Schengen visa of EU spouse without EAA family residence perm

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medycha
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Posts: 4
Joined: Sun May 17, 2009 7:46 pm

Schengen visa of EU spouse without EAA family residence perm

Post by medycha » Sun May 17, 2009 8:03 pm

Hi,

I am a Taiwanese citizen, married to a French national last year, and is currently working in UK under Tier 2 visa.

I am traveling to Slovenia next month for a conference, and the Slovenia Embassy has issued me an one year Schengen visa for EU spouse. However, I have heard that this may be problematic as I am not holding a EAA family residence permit in UK?

To make it even complicated, the Schengen visa issued had its "Place issued" left blank. Will I be able to use this Schengen visa to visit France?

Many thanks in advance.

Yu-mei Chang

Plum70
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Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Re: Schengen visa of EU spouse without EAA family residence

Post by Plum70 » Sun May 17, 2009 8:21 pm

medycha wrote:Hi,
I am traveling to Slovenia next month for a conference, and the Slovenia Embassy has issued me an one year Schengen visa for EU spouse. However, I have heard that this may be problematic as I am not holding a EAA family residence permit in UK?
Your status as the non-EEA family member of a union citizen is automatic and not conferred by the details on a piece of paper. Your marriage certificate proves this r/ship which is why the Slovenian embassy issued the schengen visa, and I would advise that you travel with it as well (i.e. your marriage certificate).
You may also wish to apply to the UK Home office for a Residence Card (not EEA family residence permit) upon your return (waiting times 6 - 12 months) or before the expiry of your Tier 2 visa. Either way you are lawfully resident in the UK.
To make it even complicated, the Schengen visa issued had its "Place issued" left blank. Will I be able to use this Schengen visa to visit France?
This, I have never heard of. All compulsory fields should be populated but whether or not "place of issue" is one of such fields is something I cannot answer. Why not call up the embassy and see what they say?
Last edited by Plum70 on Sun May 17, 2009 9:38 pm, edited 1 time in total.

medycha
Newly Registered
Posts: 4
Joined: Sun May 17, 2009 7:46 pm

Re: Schengen visa of EU spouse without EAA family residence

Post by medycha » Sun May 17, 2009 9:07 pm

Many thanks for your prompt and helpful reply.

[quote="Plum70"][quote="medycha"]Hi,
I am traveling to Slovenia next month for a conference, and the Slovenia Embassy has issued me an one year Schengen visa for EU spouse. However, I have heard that this may be problematic as I am not holding a EAA family residence permit in UK? [/quote]
Your status as the non-EEA family member of a union citizen is automatic and not conferred by the details on a piece of paper. Your marriage certificate proves this r/ship which is why the Slovenian embassy issued the schengen visa, and I would advise that you travel with it.
You may also wish to apply to the UK Home office for a Residence Card (not EEA family residence permit) upon your return (waiting times 6 - 12 months) or before the expiry of your Tier 2 visa. Either way you are lawfully resident in the UK.

[quote]To make it even complicated, the Schengen visa issued had its "Place issued" left blank. Will I be able to use this Schengen visa to visit France? [/quote]
This, I have never heard of. All compulsory fields should be populated but whether or not "place of issue" is one of such fields is something I cannot answer. Why not call up the embassy and see what they say?[/quote]

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon May 18, 2009 5:58 pm

medycha, You can also apply for the Residence Card now. You do NOT need to submit your passport - just a photocopy of it and of your spouses EU passport.

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