Eu visa for EEA spouse with Uk Residence card

[alekc]

Hi, I am italian citizen living in Uk, my wife is Russian with uk residence card.

Since we are going for holidays to Greece we've tried to apply to Italian consulate for visa (because we already have our marriage certificate translated in italian language)

Italian consulate refused to accept our application on the ground that we don't have fly tickets to (and from) italy (and they ignored completely tickets for greece).

My question is following: is it lawful for them to ask anything apart from marriage certificate and passport?

I.e. I noticed that even on greek vsf application centre page (http://www.vfsglobal.com/greece/unitedk ... pouse.html -> documents required) they have a paragraph stating

Code: Select all

Fully paid return travel tickets: If paid through a travel agency, then receipt, invoice or payment confirmation should be provided

    When travelling by car, please provide driver’s driving license, car registration, car insurance and travel tickets (ferry or Eurotunnel) showing the car’s registration number and passengers’ names.

While on brochure on free movement (http://ec.europa.eu/justice/policies/ci ... nt_low.pdf) we can read

Code: Select all

What documents are required?
The right of entry of your third country family members is derived from their family ties with you, an EU citizen. 
All the consular officials can ask for is their passport and a document establishing their family ties with you
, such as a marriage or birth certificate and proof of dependence, where applicable. Your family members cannot be asked to present 
documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate

[secret.simon]

If your wife has a Residence Card issued under EU law (an Article 10 Residence Card), to the best of my knowledge, she does not need a visa to visit any other EEA country, provided she is carrying the card, her passport and you are accompanying her or joining her in the other EEA country.

[alekc]

Yeah, but it's a PITA to prove it when you are oversees to ignorant airport staff. Plus residence card is uk based which technically is not a scengen although some countries does accept it as valid document.

[secret.simon]

If your wife has a Residence Card issued under EU law (an Article 10 Residence Card)

residence card is uk based which technically is not a scengen although some countries does accept it as valid document.

If the Residence Card is issued under EU law, it is accepted by all EU countries and the UK's membership of Schengen or otherwise is immaterial.

This entry in the TIMATIC Database suggests that even budget airline staff would be OK with your wife boarding the flight with a UK issued Residence Card.

[Cayos]

Your wife's application was refused because according the the Schengen regulations you should be applying at the consulate of the country which will be your main destination which is Greece. Some Schengen consulates ask for tickets confirmation, others don't but it doesn't really matter because your wife would put on her visa application form that she is travelling to Greece, so obviously there is a question then - why is she asking for the visa from the Italian Consulate? I know you have your reasons - your marriage certificate - but I'm afraid this doesn't comply with the Schengen regulations. The bottom line is - apply at the consulate of your main destination.

[member]

If his wife will be residing in Italy for most of the travelling days, is it right to apply in the Italian consulate?