France visa for UK resident on Spouse permit

[ashivraj]

Hi all,

My first post here, hello!

I am an Indian citizen resident in the UK with Leave to Remain on a Spouse/Partner residence permit, my wife is a British citizen. We are planning to go to Paris on the Eurostar from London. Do I need a Schengen visa? As per the TLSContact (official UK application center for France visas) website, my permit needs the exact words 'Family Member of an EEA national', but my permit only states 'Spouse/Partner (new line) Leave to Remain'.

I've previously traveled to Spain with my wife, without applying for a Schengen visa, just showing my residence permit and her passport.

Does anybody have any experience / know if this possible without applying for a Schengen visa?
What is immigration like at London St Pancras? Am I likely to get through with my existing docs (plus marriage certificate if required) do I need the visa?

Thanks,

AS

[noajthan]

Hi all,

My first post here, hello!

I am an Indian citizen resident in the UK with Leave to Remain on a Spouse/Partner residence permit, my wife is a British citizen. We are planning to go to Paris on the Eurostar from London. Do I need a Schengen visa? As per the TLSContact (official UK application center for France visas) website, my permit needs the exact words 'Family Member of an EEA national', but my permit only states 'Spouse/Partner (new line) Leave to Remain'.

I've previously traveled to Spain with my wife, without applying for a Schengen visa, just showing my residence permit and her passport.

Does anybody have any experience / know if this possible without applying for a Schengen visa?
What is immigration like at London St Pancras? Am I likely to get through with my existing docs (plus marriage certificate if required) do I need the visa?

Thanks,

AS

Your spouse is not an EU/EEA national so you are unlikely to hold an EU Article 10 or 20 card which would facilitate your travel;
(ie enabling visa-free travel with an EU card labelled: Family Member of an EEA national).

As spouse is not an EEA national you cannot simply travel 'by virtue of the the Directive' with your spouse & by presenting marriage certificate etc.

My understanding is you will need a Schengen visa. (Not quite sure how you got to Spain with a British-issued BRP, if that is what it is).

[ashivraj]

Your spouse is not an EU/EEA national so you are unlikely to hold an EU Article 10 or 20 card which would facilitate your travel;
(ie enabling visa-free travel with an EU card labelled: Family Member of an EEA national).

As spouse is not an EEA national you cannot simply travel 'by virtue of the the Directive' with your spouse & by presenting marriage certificate etc.

My understanding is you will need a Schengen visa. (Not quite sure how you got to Spain with a British-issued BRP, if that is what it is).

Thanks for the quick response. So a UK/British citizen does not count as an 'EU/EEA national' for the purposes of entering another EU/EEA country? Even though the UK is a Member State of the EU? I wasn't aware of that, but it helps anyway - now I know I definitely need to apply.

Based on that, I'm not sure either how I got into Spain with just a UK BRP and my wife's UK passport...

Thanks!

[CR001]

I'm not sure either how I got into Spain with just a UK BRP and my wife's UK passport...

You were lucky. My scenario was same as yours and I had to apply for Schengen visa to go to Spain.

[noajthan]

Thanks for the quick response. So a UK/British citizen does not count as an 'EU/EEA national' for the purposes of entering another EU/EEA country? I wasn't aware of that, but it helps anyway - now I know I definitely need to apply.

I'm not sure either how I got into Spain with just a UK BRP and my wife's UK passport...

Thanks!

There are 1 or 2 special cases but that is correct since Regulations were changed in 2012.
If you are a BC you are only a BC even though UK is (for now) in EU.

[ashivraj]

There are 1 or 2 special cases but that is correct since Regulations were changed in 2012.
If you are a BC you are only a BC even though UK is (for now) in EU.

Can you help me find the change relating to the above? I've looked but struggling to find anything that states that the UK is no longer classed as a Member State.

I'm trying to apply for a Schengen visa, but just want to have all my options covered...

Thanks!

[noajthan]

There are 1 or 2 special cases but that is correct since Regulations were changed in 2012.
If you are a BC you are only a BC even though UK is (for now) in EU.

Can you help me find the change relating to the above? I've looked but struggling to find anything that states that the UK is no longer classed as a Member State.

I'm trying to apply for a Schengen visa, but just want to have all my options covered...

Thanks!

UK is still a member state (for now!).
But citizens who are British/EEA dual nationals are only considered to be British by UK authorities, as per amendments to Immigration (European Economic Area) Regulations 2006.

See HO guidance regarding the original McCarthy case:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 45

[ashivraj]

UK is still a member state (for now!).
But citizens who are British/EEA dual nationals are only considered to be British by UK authorities, as per amendments to Immigration (European Economic Area) Regulations 2006.

See HO guidance regarding the original McCarthy case:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 45

The UK HO guidance relates to non-EEA citizens married to UK citizens trying to enter the UK, but on further reading about the McCarthy case it looks like the free movement directive only applies to EEA citizens who have lived in a Member State outside their home state. So I'm still not sure of the answer but it looks like I'm outta luck either way

[noajthan]

UK is still a member state (for now!).
But citizens who are British/EEA dual nationals are only considered to be British by UK authorities, as per amendments to Immigration (European Economic Area) Regulations 2006.

See HO guidance regarding the original McCarthy case:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 45

The UK HO guidance relates to non-EEA citizens married to UK citizens trying to enter the UK, but on further reading about the McCarthy case it looks like the free movement directive only applies to EEA citizens who have lived in a Member State outside their home state. So I'm still not sure of the answer but it looks like I'm outta luck either way

Correct, citizens who have never exercised treaty rights are not considered to be EEA nationals.
UK is not part of the ubiquitous Schengen travel area.

If wife is British & has not exercised treaty rights in EU she is British alone;
If British and not an EEA dual-national then she is (obviously) just British.

Free movement rights don't apply in your case - so it's Schengen visa route.

[kaidith]

Hi all,

I have a similar situation as ashivraj (I'm a Russian citizen, on Spouse / Partner leave to remain, married to UK citizen). However, my husband is currently residing in Belgium and has a residence permit there (Belgium E Card). Does this mean that he exercised his right of free movement and I can come visit him without a Schengen visa?

Thank you for your help,
N

[noajthan]

Hi all,

I have a similar situation as ashivraj (I'm a Russian citizen, on Spouse / Partner leave to remain, married to UK citizen). However, my husband is currently residing in Belgium and has a residence permit there (Belgium E Card). Does this mean that he exercised his right of free movement and I can come visit him without a Schengen visa?

Thank you for your help,
N

Yes.

Although a Schengen visa may make it easier, quicker, less stressful than travelling 'commando'.

See https://eumovement.wordpress.com/2010/0 ... to-travel/

Bon voyage!

[ashivraj]

An update and further question:
I applied for and received the French circulation visa valid for one year (category C with maximum trip duration of 90 days). In the remarks it states 'Famille UE/EEE' which I was expecting as I applied showing my wife's British passport and our marriage certificate.

I am going to travel with my wife, but can I also use this visa for Schengen travel without my wife? Eg if I go to France or Germany for a holiday without her (eg a stag do) or a business meeting? Or do I need to travel with her every time I intend to use this visa?

[Jane20231]

Hey Ashivraj,

I want your help , I just want to know that after how many days you got the France Schengen Visa ?? and what exact documents you submitted ??? Please let me know ?

[ashivraj]

Hey Ashivraj,

I want your help , I just want to know that after how many days you got the France Schengen Visa ?? and what exact documents you submitted ??? Please let me know ?

Hi,

I've seen you sent me a PM but I can't read it or respond because apparently I'm still a new member.

I applied under the spouse category, all I had to show was my wife's passport and our marriage certificate (both original) and proof of us both traveling there and back together (print out from an online booking). I don't think there was anything else, even though I had taken all documentation in case I had to apply as a tourist.

I applied on a Friday afternoon, the passport was couriered back to me by Wednesday. Very quick.

[anhstone]

Hey Ashivraj,

Thanks for all the information. I'm in the same situation like you.

You said you applied under the spouse category. Where can I find the spouse category? Which application form did you use? Can you please send me a link to download?

Thank you very much and hope to hear from you soon as I plan to have an appointment on 18th May 2016.

Best,

Anh

[Cayos]

Hi Anh, here is the link - https://fr.tlscontact.com/gb/lon/page.p ... eu_citizen

[Dex]

An update and further question:
I applied for and received the French circulation visa valid for one year (category C with maximum trip duration of 90 days). In the remarks it states 'Famille UE/EEE' which I was expecting as I applied showing my wife's British passport and our marriage certificate.

I am going to travel with my wife, but can I also use this visa for Schengen travel without my wife? Eg if I go to France or Germany for a holiday without her (eg a stag do) or a business meeting? Or do I need to travel with her every time I intend to use this visa?

Re. the remark "Famille UE/EEE", did you every travel by yourself using this Schengen visa?

Can anybody confirm if they were able to travel on a Schengen visa (issued by France) with the remark 'Famille UE/EEE'?

Thank you very much

[missfivehundred]

Hello dear ashivraj and Dex,

Would you please advise if you were able to get some updates - can you travel to France without your spouse, having your 'Famille UE/EEE' visa? I would appreciate you response. All the best!