Travel to another EU country

[gpm468]

I am a UK Citizen (and resident) and my wife is Jamaican and lives with me in UK. We wish to travel to France (i.e. an EU country) for a holiday.

It has been suggested (in another discussion on this site) that "Your wife cannot travel visa free under treaty rights because you have not and are not exercising a treaty right." Also the French consular website suggests that we need to apply for a visa to travel to France (in the absence of a residence card with the specified wording).

However this goes against my understanding that, under treaty rights, my wife has the automatic right to travel to any other EU country when accompanying me, without a visa, regardless of her nationality or immigration status. At immigration/border control, we show her valid Jamaican passport and our marriage certificate, and we should be allowed entry to France? (and the same for any other EU country)

[Wanderer]

Are you exercising a treaty right?

[gpm468]

Could I request (I'm trying to ask nicely here) Wanderer that you leave it for others to reply on this question. I didn't find your previous response helpful. I am stating our situation, and I would like an answer, rather than further questions which I don't know the answer to. Thank you.

[Wanderer]

Could I request (I'm trying to ask nicely here) Wanderer that you leave it for others to reply on this question. I didn't find your previous response helpful. I am stating our situation, and I would like an answer, rather than further questions which I don't know the answer to. Thank you.

Having gone through your posting history that's a good idea.....

[gpm468]

I haven't had any answers on this one. I think I will slightly rephrase my question having done some more reading.

Given the freedom of movement of EU Citzens and their family members, my understanding is that the French authorities must issue an entry visa (if they deem one necessary) at the port of entry, upon presentation of my passport, my wife's passport, and evidence of our relationship (marriage certificate).

I am advised that Eurostar staff do not check passports/visas, as the French immigration officers are based at St Pancras in London, therefore the problem of not being allowed to board the train should not arise.

Does anyone have a view on this and/or any experience of boarding (or attempting to board) the Eurostar at St Pancras without having obtained a visa in advance?

[Wanderer]

I can stay that as a British Citizen using Eurostar for work I went through passport control exactly like an airline at both ends when leaving and the ones at St Pancras weren't French. Passport, ticket and luggage checked.

That was for Brussels.

[secret.simon]

It has been suggested (in another discussion on this site) that "Your wife cannot travel visa free under treaty rights because you have not and are not exercising a treaty right." Also the French consular website suggests that we need to apply for a visa to travel to France (in the absence of a residence card with the specified wording).

However this goes against my understanding that, under treaty rights, my wife has the automatic right to travel to any other EU country when accompanying me, without a visa, regardless of her nationality or immigration status. At immigration/border control, we show her valid Jamaican passport and our marriage certificate, and we should be allowed entry to France? (and the same for any other EU country)

Given the freedom of movement of EU Citzens and their family members, my understanding is that the French authorities must issue an entry visa (if they deem one necessary) at the port of entry, upon presentation of my passport, my wife's passport, and evidence of our relationship (marriage certificate).

I am advised that Eurostar staff do not check passports/visas, as the French immigration officers are based at St Pancras in London, therefore the problem of not being allowed to board the train should not arise.

Your understanding is correct. You can enter any other country in the EEA with your wife, with proof of marriage and your passport. Be aware though that you may get delayed while the French police at St Pancras scrutinise the documents. They are obliged to issue the visa, but not within any specified time frame.

I would imagine that you would be far better off applying in advance for a Schengen visa based on the marriage. If I'm not mistaken, the visa should be issued for free, though you would need to pay the VFS fees.

As regards the question about exercising Treaty rights, you are exercising treaty rights in France, by taking your non-EEA spouse with you to another EEA country.

I can stay that as a British Citizen using Eurostar for work I went through passport control exactly like an airline at both ends when leaving and the ones at St Pancras weren't French. Passport, ticket and luggage checked.

That was for Brussels.

When I have travelled to Brussels, I had to go past both the French Police Nationale and a UKVI desk at St Pancras, who scrutinised my passport (and visa when I was on a non-EEA passport), before I boarded the train. I do not recall undergoing any checks when I got off at Brussels.

[Wanderer]

Sorry I meant I was checked at St Pancras and Brussels Midi on way back.

I distinctly remember since I have a defibrillator in my chest and can't go through the security thing, always a parlarver.

[gpm468]

This was my experience travelling from London to France via Eurostar last week. To clarify, we didn't make any application for a visa (e.g. to the French embassy or TLS) and my wife is Jamaican with a UK spouse visa.

We went through security at St Pancras, and UK exit checks, then at the French immigration booth my wife handed her passport over. After a minute looking at it, the official waved me over too, I handed him my (UK) passport along with the marriage certificate (folded up). He looked at my passport (not the marriage certificate) and then stamped my wife's passport, and let us through. No questions, easy. On the way back to London, French immigration stamped her passport at Lille, again no questions.