Help with Schengen visa for a child of non-EU spouse please

[ynnam]

Hi all, great site and found plenty of info before, but now I need some help.

My friend married a UK citizen, and will be naturalized very soon, but not soon enough. She has a valid Schengen multi-entry visa from last year in her Thai passport. Didn't have all docs for spouse of EU citizen, so paid the fees. Her teenage son came to live with them last Summer. She would like to visit France, with her son, but her husband cannot go. I have looked at the Ambafrance & TLScontact sites. If I choose the free foreign child of EU citizen or spouse option, it says "You are the foreign child of a European Union citizen or his/her spouse and wish to come to France to visit them for a short stay (less than 90 days)." Would it matter that the UK citizen is not travelling? Or is it a grey area? They would have to provide parental authorisation anyway.

If they can apply for him under the Foreign child of EU citizen or his/her spouse, I'm a bit confused by the documentation required:-

Parents’ valid passports or certified copies if the parents are residing abroad, original

Presumably this means my friend and her husband, who is the son's step-father, rather than the son's father.

Parental authorisation to travel form completed and signed by the parents or legal guardian authorising the child to travel and appointing the person responsible for him, original
If under the age of 18 and travelling to France without the parents or with one parent.
This letter should be duly authenticated by a solicitor or Commissioner for Oaths, or by a Consular Officer of the applicants’ nationality.

Same presumption as above.

Proof of financial means of support, original
Recent statement of your UK current account or traveller’s cheques. As a guideline, a minimum of €56,20 - i.e. £55 - per day spent in Schengen area per person is required.

Does this apply to the child? I think he has a bank account, but not sure. I see this is different to the spouse application.

Official proof of relationship (birth certificate), original
under 18 whose parents are separated/ divorced : court order (or official document to that effect) establishing sole custody

Since he is not the son of the UK citizen, what does my friend need to show? Marriage certificate?

Is it right to presume that the step-father is considered a parent? The first three documents are also required when applying for a Schengen visa as a tourist. This all seems much more complicated than applying for a spouse of an EU citizen. I suppose it also helps to protect the child.

Thanks,
Poompuy

[EUsmileWEallsmile]

Hi all, great site and found plenty of info before, but now I need some help.

My friend married a UK citizen, and will be naturalized very soon, but not soon enough. She has a valid Schengen multi-entry visa from last year in her Thai passport. Didn't have all docs for spouse of EU citizen, so paid the fees. Her teenage son came to live with them last Summer. She would like to visit France, with her son, but her husband cannot go. I have looked at the Ambafrance & TLScontact sites. If I choose the free foreign child of EU citizen or spouse option, it says "You are the foreign child of a European Union citizen or his/her spouse and wish to come to France to visit them for a short stay (less than 90 days)." Would it matter that the UK citizen is not travelling? Or is it a grey area? They would have to provide parental authorisation anyway.

If they can apply for him under the Foreign child of EU citizen or his/her spouse, I'm a bit confused by the documentation required:-

Parents’ valid passports or certified copies if the parents are residing abroad, original

Presumably this means my friend and her husband, who is the son's step-father, rather than the son's father.

Parental authorisation to travel form completed and signed by the parents or legal guardian authorising the child to travel and appointing the person responsible for him, original
If under the age of 18 and travelling to France without the parents or with one parent.
This letter should be duly authenticated by a solicitor or Commissioner for Oaths, or by a Consular Officer of the applicants’ nationality.

Same presumption as above.

Proof of financial means of support, original
Recent statement of your UK current account or traveller’s cheques. As a guideline, a minimum of €56,20 - i.e. £55 - per day spent in Schengen area per person is required.

Does this apply to the child? I think he has a bank account, but not sure. I see this is different to the spouse application.

Official proof of relationship (birth certificate), original
under 18 whose parents are separated/ divorced : court order (or official document to that effect) establishing sole custody

Since he is not the son of the UK citizen, what does my friend need to show? Marriage certificate?

Is it right to presume that the step-father is considered a parent? The first three documents are also required when applying for a Schengen visa as a tourist. This all seems much more complicated than applying for a spouse of an EU citizen. I suppose it also helps to protect the child.

Thanks,
Poompuy

Children of EU spouses (ie non EEA nationals) are also covered by the directive if under 21. "the direct descendants who are under the age of 21 or are dependants and those of the spouse..."

If the EU national is not traveling or being accompanied, then normal Shengen rules apply, the fee has to be paid, etc, etc.

[ynnam]

Children of EU spouses (ie non EEA nationals) are also covered by the directive if under 21. "the direct descendants who are under the age of 21 or are dependants and those of the spouse..."

If the EU national is not traveling or being accompanied, then normal Shengen rules apply, the fee has to be paid, etc, etc.

Thanks for the reply, EUsmileWEallsmile. Could anyone else confirm please? I should have read about Directive 2004/38/EC in case there have been any changes or clarifications. The grey area I remember before, was the actual exercising of rights. A few years back, we went to the VFSGlobal office in London, to apply for a Schengen visa as a spouse of an EU citizen. The advisor knew exactly what we were talking about when I started waffling and asked if her spouse wanted to exercise his Treaty rights. Twice . I'm not sure if this should just be done at the border/immigration, but this simplified matters; since her husband wasn't travelling. Does this still apply or have they firmed up on the interpretation? Also, is this special for spouses or can it be relied upon by family members? I notice the spouse form is much simpler than the child one.

So, should she forget about applying for a free Schengen visa as a foreign child of an EU citizen, as EUsmileWEallsmile suggests? Obviously, by including the parental authorisation form, they would know the step-father is not travelling. Though, they could be going to meet him.. I need to investigate more, as the TLSContact site is unclear if the step-father must travel with them; or someone can point me in the right direction