Passport validity requirements

[jerseyb1]

I am a South African national, living in UK as EEA spouse. My passport expires at the end of the year. For a lot of countries, you need 6 months remaining on you passport to enter a country. Is this still true if I travel with my Dutch spouse?

My understanding is that I am to be treated as 'Dutch' for immigration purposes, and am wondering if that makes a difference to this rule? I am not sure how long renewing my RSA passport would take, Or how long in advance I can renew it.

[secret.simon]

My understanding is that I am to be treated as 'Dutch' for immigration purposes,

No, you will not be treated as if you are "Dutch", you will be treated as if you are the direct family member of an EEA citizen within the EEA under the aegis of EU law.

To the best of my knowledge, even an expired passport is fine as proof of identity to travel within the EEA, provided you are accompanying your spouse or to join your spouse in any EEA country. However, be aware that most airlines would not let you board a plane if you do not have a valid visa and passport. So, although EU law allows you the freedom to travel within the EU, the fact that most airline staff are unfamiliar with this aspect of the law would cause you to miss the flight, even if the immigration officer at the other end were to let you through. You would be far better off having a valid passport with a (free) Schengen visa endorsed on it.

Also remember that Directive 2004/38/EC only gives these rights if accompanying or joining your spouse and only within the EEA (so it would not be applicable if you were to go to Egypt or Turkey together).

Do you have an Article 10 or Article 20 Residence Card issued by any EEA country?

[jerseyb1]

The EU Directive states non EEA spouse doesnt need a Schengen if travelling with orjoining EEA spouse.

So its easy enough to prove if travelling together, but has anyone ever travelled alone to join the EU spouse in the EU, and what kind of documentation do you need to prove that the EU national is in the EU?

[vinny]

See also EU route- Resident card holder, unable to renew expiring pas.

[secret.simon]

The EU Directive states non EEA spouse doesnt need a Schengen if travelling with orjoining EEA spouse.

You know that, I know that and the doorpost knows that, but if the airline staff do not know that, the flight will take off without you. And occasionally even immigration staff do not know that. Search on these forums for stories of people who have had issues traveling with their spouse if they just turned up at the border without a visa.

A Schengen visa for the direct family member of an EEA citizen is free and expedited. It is much better to get it in advance and save the aggro than to miss the flight or spend a while explaining to the immigration officer in a foreign language of your rights under an EU law.

[CR001]

I am not sure how long renewing my RSA passport would take, Or how long in advance I can renew it.

You can apply at any time. Current waiting times are not that bad. Have you gone to Home Affairs in Whitehall or contacted them by email?

[jerseyb1]

Hi CR001, also been hearing its better than it has been before getting a passport. Because I live on a rock it's not as simple, it will mean flights, hotel and a day off work, which Im now trying to get sorted for March. And South Africa House only has a telephone number posted, so can't email.

Geez secret.simon, annoyed at the whole world much? I have travelled visa free with my spouse before, but as I'm not in London it is a lot of unnecessary flights and expense to get a visa if you don't need it. And as per the Directive the spouse is to be treated as an EU national, even though they technically aren't, which is why I put "Dutch" in quotation marks. I also have friends who have travelled successfully. Without a visa, with an EU spouse.Your rantyness also didn't ask my question, which was does the minimum passport validity requirements still apply if I travel with my spouse.

Also, the FREE visa is still only valid if you travel with or are joining the EU spouse, so how do you prove that you are joining them if you are not travelling into the country at the same time?

So basically, no contribution to either of my questions...

The link Vinny posted did help, and if it's only three months required, which means I should be fine, even with the infamous levels of service provision of the SA government