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How can we travel through Europe?

Immigration to European countries, don't post UK or Ireland related topics!

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sammie121
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How can we travel through Europe?

Post by sammie121 » Tue Oct 02, 2007 2:05 pm

Iam a British citizen Married to an Albanian man he is on a spouse visa.
After searching the forum i cannot get a clear yes or no answer because some answers are conflicting.... Does he need a visa to travel for example to France, Germany, Italy, Spain if iam travelling with him? if a visa is required i figure its the shengen alot mention ???
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SMOOTH OPERATOR
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Posts: 182
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Location: bolton

Post by SMOOTH OPERATOR » Tue Oct 02, 2007 2:29 pm

hi

under the eu directive 2004/38/ec he shoule be admitted under the same condition as u in any EU member states. the means he does not need a visa but if he is required to have one(which he does!! beacuse immigration officers at eu countries passport control dont abide by the directive of the EU) it should be free of charge and be issued quickly.
a schegen visa is the appropriate visa for the countries u mentioned and will be issued to him for free as long as he is travelling with u.

hope this will take take the load of ur mind
Last edited by SMOOTH OPERATOR on Wed Oct 03, 2007 8:48 am, edited 1 time in total.
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sammie121
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Post by sammie121 » Tue Oct 02, 2007 3:29 pm

So he would not need one if passport control honnoured the EU directive 2004/38/ec .. but because the lack of awareness lets say just get one and don't try to pass through on the EU directive condition (not worth the trouble!!)
Thank you that explains the conflicting responses i read!!!
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SMOOTH OPERATOR
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Joined: Mon Sep 25, 2006 8:22 pm
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Post by SMOOTH OPERATOR » Tue Oct 02, 2007 3:34 pm

yep u r absolutley correct
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Prawo
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Post by Prawo » Tue Oct 02, 2007 7:09 pm

As you are British living in the UK, your husband will need a Schengen visa for the countries you mention.
One visa will do and he should get it free, multiple entry and valid 90 days.

Consider applying at the Dutch embassy, so I can help you out as a specialized immigration lawyer in case of problems.

He should present the marriage certificate, your passport and his UK residence card. He should clearly state you will be traveling together.

Applicable law: directive 2004/38/EC art. 5 and 6.
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sammie121
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Joined: Wed Aug 08, 2007 8:42 am

Post by sammie121 » Tue Oct 02, 2007 9:24 pm

"UK residence card"

He does not have one of these? is that because iam a British citizen?
How would he obtain one if need be?
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Docterror
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Posts: 950
Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Tue Oct 02, 2007 9:53 pm

By "Residence Card", Prawo means the spouse visa. The wrong terminology was used as, in usual circumstances in the UK, the Residence Card is only issued to family members of EEA nationals other than nationals of the UK.
Jabi
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Prawo
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Post by Prawo » Tue Oct 02, 2007 11:14 pm

Thanks for the correction.

I'm not always aware of the proper terminology (or to lazy to check it every time) in each of the 27 member states.

Neither are the member states themselves ;)
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SMOOTH OPERATOR
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Location: bolton

Post by SMOOTH OPERATOR » Wed Oct 03, 2007 8:57 am

Prawo wrote:Consider applying at the Dutch embassy, so I can help you out as a specialized immigration lawyer in case of problems.
:!: :!: :!:

why r u luring her to apply through the dutch embassy. what if they dont wanna go to dutchland and her hubby get refused a schengen visa in future for not going to dutchland (unintentional visa shopping). would u defend their case. :shock: :shock:
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Prawo
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Post by Prawo » Wed Oct 03, 2007 9:16 am

SMOOTH OPERATOR wrote:
Prawo wrote:Consider applying at the Dutch embassy, so I can help you out as a specialized immigration lawyer in case of problems.
:!: :!: :!:

why r u luring her to apply through the dutch embassy. what if they dont wanna go to dutchland and her hubby get refused a schengen visa in future for not going to dutchland (unintentional visa shopping). would u defend their case. :shock: :shock:
You would be right in normal visa cases, however you think national now, not European.

In EU law the intention plays no role, there is an objective right of entry and stay in each member state. Plus the right for a free visa, not always easy to enforce.

I suggest the Dutch embassy as The Netherlands do have a nice system to appeal rejections as well as a possibility for subsidized legal aid.
Which does not exist in all member states.
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