Few non-EU fm queries under EU Directive & schegen rules

[Bobthemoggie]

Hi Guys,

Is it possible to apply for a Schegen visa (either under EU directive / as tourist) while already inside EU Schegen zone.

Non-EU parents joined EU citizen in host state.
Their EU residence card is progress has got prolonged.
In meanwhile its been more than 3 months since their last schengen visa (Type-C) got expired.
They are now registered as part of same household.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.
or any airline allows FM member to fly onboard , while accompanying the EU citizen?

Cheers

[Bobthemoggie]

Dear Expert members,

Good morning..
Could I check your valued view on earlier referred points?

Thanks a lot

cheers,

[waqasars]

Hi Guys,

Is it possible to apply for a Schegen visa (either under EU directive / as tourist) while already inside EU Schegen zone.

Non-EU parents joined EU citizen in host state.
Their EU residence card is progress has got prolonged.
In meanwhile its been more than 3 months since their last schengen visa (Type-C) got expired.
They are now registered as part of same household.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.
or any airline allows FM member to fly onboard , while accompanying the EU citizen?

Cheers

You cannot apply for schengen while inside in schengen zone. You have to apply it from outside of schengen zone.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

You have to apply it from outside of schengen zone.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

You can apply but at the time of application you should have resident status in local state.

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

Yes you can apply for RC in any state.

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

You can live until your RC appeal is in process. So you have to appeal the decision.

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

Normally people prefer Ireland and Germany .

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.

No Ireland have border control. You cannot travel without visa.

or any airline allows FM member to fly onboard , while accompanying the EU citizen?
They will not allow to travel.

[Bobthemoggie]

Thanks a lot, I have following further queries.

Hi Guys,

Is it possible to apply for a Schegen visa (either under EU directive / as tourist) while already inside EU Schegen zone.

Non-EU parents joined EU citizen in host state.
Their EU residence card is progress has got prolonged.
In meanwhile its been more than 3 months since their last schengen visa (Type-C) got expired.
They are now registered as part of same household.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.
or any airline allows FM member to fly onboard , while accompanying the EU citizen?

Cheers

You cannot apply for schengen while inside in schengen zone. You have to apply it from outside of schengen zone.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

You have to apply it from outside of schengen zone.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

You can apply but at the time of application you should have resident status in local state.
--Does this mean RC issued by host state ? or Pending RC application, non-EU Family members being registered with local council as Resident & present on local council register as part of family. - is that sufficient?

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

Yes you can apply for RC in any state.
Yes. That's correct. But, if BC continue to work in current state & move to another state for living [returning daily / at least weekly] . Then does BC qualify as frontier worker? or are there any conditions attached to frontier worker arrangement.

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

You can live until your RC appeal is in process. So you have to appeal the decision.

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

Normally people prefer Ireland and Germany .
How about Belgium ? [and perhaps Luxembourg]

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.

No Ireland have border control. You cannot travel without visa.

or any airline allows FM member to fly onboard , while accompanying the EU citizen?
They will not allow to travel.

[Bobthemoggie]

Thanks a lot, I have following further queries.

Hi Guys,

Is it possible to apply for a Schegen visa (either under EU directive / as tourist) while already inside EU Schegen zone.

Non-EU parents joined EU citizen in host state.
Their EU residence card is progress has got prolonged.
In meanwhile its been more than 3 months since their last schengen visa (Type-C) got expired.
They are now registered as part of same household.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.
or any airline allows FM member to fly onboard , while accompanying the EU citizen?

Cheers

You cannot apply for schengen while inside in schengen zone. You have to apply it from outside of schengen zone.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

You have to apply it from outside of schengen zone.
I am not convinced on this. Is it not possible to apply to Iceland / Malta / Greece embassy for EU directive visa if you're planning to excercise FM over there

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

You can apply but at the time of application you should have resident status in local state.
--Does this mean RC issued by host state ? or Pending RC application, non-EU Family members being registered with local council as Resident & present on local council register as part of family. - is that sufficient?

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

Yes you can apply for RC in any state.
Yes. That's correct. But, if BC continue to work in current state & move to another state for living [returning daily / at least weekly] . Then does BC qualify as frontier worker? or are there any conditions attached to frontier worker arrangement.

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

You can live until your RC appeal is in process. So you have to appeal the decision.

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

Normally people prefer Ireland and Germany .
How about Belgium ? [and perhaps Luxembourg]

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.

No Ireland have border control. You cannot travel without visa.

or any airline allows FM member to fly onboard , while accompanying the EU citizen?
They will not allow to travel.

[Bobthemoggie]

Thanks a lot, I have following further queries.

Hi Guys,

Is it possible to apply for a Schegen visa (either under EU directive / as tourist) while already inside EU Schegen zone.

Non-EU parents joined EU citizen in host state.
Their EU residence card is progress has got prolonged.
In meanwhile its been more than 3 months since their last schengen visa (Type-C) got expired.
They are now registered as part of same household.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.
or any airline allows FM member to fly onboard , while accompanying the EU citizen?

Cheers

You cannot apply for schengen while inside in schengen zone. You have to apply it from outside of schengen zone.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

You have to apply it from outside of schengen zone.
I am not convinced on this. Is it not possible, at least theoretically, to apply to Iceland / Malta / Greece embassy for EU directive visa if you're planning to excercise FM over there.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

You can apply but at the time of application you should have resident status in local state.
--Does this mean RC issued by host state ? or Pending RC application, non-EU Family members being registered with local council as Resident & present on local council register as part of family. - is that sufficient?

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

Yes you can apply for RC in any state.
Yes. That's correct. But, if BC continue to work in current state & move to another state for living [returning daily / at least weekly] . Then does BC qualify as frontier worker? or are there any conditions attached to frontier worker arrangement.

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

You can live until your RC appeal is in process. So you have to appeal the decision.

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

Normally people prefer Ireland and Germany .
How about Belgium ? [and perhaps Luxembourg]

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.

No Ireland have border control. You cannot travel without visa.

or any airline allows FM member to fly onboard , while accompanying the EU citizen?
They will not allow to travel.

[Bobthemoggie]

Hi Guys,

Want to check if there's any further input on below thread?
As its affecting me right now.


Thanks
[sorry for repetition of comment earlier, not sure how did it happen]

Thanks a lot, I have following further queries.

Hi Guys,

Is it possible to apply for a Schegen visa (either under EU directive / as tourist) while already inside EU Schegen zone.

Non-EU parents joined EU citizen in host state.
Their EU residence card is progress has got prolonged.
In meanwhile its been more than 3 months since their last schengen visa (Type-C) got expired.
They are now registered as part of same household.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.
or any airline allows FM member to fly onboard , while accompanying the EU citizen?

Cheers

You cannot apply for schengen while inside in schengen zone. You have to apply it from outside of schengen zone.

1. Is it possible to apply for another schengen visa (say to country which is not having border to current member state viz- Iceland, France, Italy etc)? which embassy will be the best bet to get the schengen visa.

You have to apply it from outside of schengen zone.

2. What are the chances of success if we apply for UK FM under EEA/SS-route at this stage (with view to move to another EU state after spending year or so in UK)?
Lived in same household, UK-Cit working in host country for nearly year, participated in few local activities like- library etc.

You can apply but at the time of application you should have resident status in local state.
--Does this mean RC issued by host state ? or Pending RC application, non-EU Family members being registered with local council as Resident & present on local council register as part of family. - is that sufficient?

3. If current EU host-state rejects the RC application, is it possible to move to & apply for RC in neighboring EU state But continue working in current EU-host state as a EU Frontier worker?

Yes you can apply for RC in any state.
Yes. That's correct. But, if BC continue to work in current state & move to another state for living [returning daily / at least weekly] . Then does BC qualify as frontier worker? or are there any conditions attached to frontier worker arrangement.

-- Also, how long non-EU family member live in the Host state, if their RC application is rejected.
Is there any way to extend their stay after getting rejection?

You can live until your RC appeal is in process. So you have to appeal the decision.

4. Which EU state in schengen zone have greater chances / track record of approving, success in non-EU parents of EU citizen application?

Normally people prefer Ireland and Germany .
How about Belgium ? [and perhaps Luxembourg]

5. Is it possible to move to Ireland without visa /without EU-RC. Does Ireland have border control at schengen state.

No Ireland have border control. You cannot travel without visa.

or any airline allows FM member to fly onboard , while accompanying the EU citizen?
They will not allow to travel.

[mgb]

It is possible to apply for a visa for a family member of a eu citizen inside of the schengen area for a other schengen country but it makes no sense.
A family member need only a visa for crossing the external schengen border. Inside the schengen area the family member prove his right to stay with what ever he has. The first 3 month are unconditional in every eu country if the family member accompany or join the eu citizen.
If you want to live in one country and work in a other eu country you exercise you treaty rights as a self-sufficient eu citizen in the country of residence. Precondition is enough financial resources and health insurance for a stay longer than 3 month.

[Bobthemoggie]

It is possible to apply for a visa for a family member of a eu citizen inside of the schengen area for a other schengen country but it makes no sense.
A family member need only a visa for crossing the external schengen border. Inside the schengen area the family member prove his right to stay with what ever he has. The first 3 month are unconditional in every eu country if the family member accompany or join the eu citizen.
If you want to live in one country and work in a other eu country you exercise you treaty rights as a self-sufficient eu citizen in the country of residence. Precondition is enough financial resources and health insurance for a stay longer than 3 month.

Thanks for your response.
I am depicting a unique situation.
How long FM can stay in EU host state if their RC application is refused ?
1) Alongwith appeal is it possible to make another New application from start? (or if you make new application then you can not appeal)
2) Is it possible to directly appeal to EUCJ / Solvit / EU Commission OR first it has to be taken with national court?
3) Reg: Cross-border worker / frontier worker- I guess if you work in 1 state & live in another then one has to register as frontier worker where he/she lives & not as self-sufficient.
(a) In that case, does he/she need to paid-subscribe to another insurance / could continue with existing insurance paid-subscription from EU state where he/she works?
4) how is BELGIUM/Luxembourg, in general for non-EU immidiate family members immigration

Kindly suggest
Cheers,

[Bobthemoggie]

It is possible to apply for a visa for a family member of a eu citizen inside of the schengen area for a other schengen country but it makes no sense.
A family member need only a visa for crossing the external schengen border. Inside the schengen area the family member prove his right to stay with what ever he has. The first 3 month are unconditional in every eu country if the family member accompany or join the eu citizen.
If you want to live in one country and work in a other eu country you exercise you treaty rights as a self-sufficient eu citizen in the country of residence. Precondition is enough financial resources and health insurance for a stay longer than 3 month.

Thanks for your response.
I am depicting a unique situation.
How long FM can stay in EU host state if their RC application is refused ?
1) Alongwith appeal is it possible to make another New application from start? (or if you make new application then you can not appeal)
2) Is it possible to directly appeal to EUCJ / Solvit / EU Commission OR first it has to be taken with national court?
3) Reg: Cross-border worker / frontier worker- I guess if you work in 1 state & live in another then one has to register as frontier worker where he/she lives & not as self-sufficient.
(a) In that case, does he/she need to paid-subscribe to another insurance / could continue with existing insurance paid-subscription from EU state where he/she works?
4) how is BELGIUM/Luxembourg, in general for non-EU immidiate family members immigration

Kindly suggest
Cheers,

Looks like EU states are reluctant to issue the schengen visa, once already inside schengen zone.
Kindly advise on rest of queries in last post

Cheers,

[solomonsunder]

It is possible to apply for a visa for a family member of a eu citizen inside of the schengen area for a other schengen country but it makes no sense.
A family member need only a visa for crossing the external schengen border. Inside the schengen area the family member prove his right to stay with what ever he has. The first 3 month are unconditional in every eu country if the family member accompany or join the eu citizen.
If you want to live in one country and work in a other eu country you exercise you treaty rights as a self-sufficient eu citizen in the country of residence. Precondition is enough financial resources and health insurance for a stay longer than 3 month.

Hey, I am in a similar situation. My EU Spouse visa to Malta was rejected using absurd reasons.They even rejected my interview visa when a company tried to hire me on a work permit. Appealing, SOLVIT, EU Commission all turned useless. My wife doesn't earn enough in her home state, is not 21 yet and hence her mom sponsored me on a visitor visa now which was approved by the home state. We had earlier thought I was banned from the Schengen area due to 2 visa refusals. I will be travelling at the end of this month. I have skills which are on the shortage list (I work in IT) but not sure I'll find someone ready to hire me on a work permit. It'd have been easier if my wife was 21 already, since we could just convert any good paying job contract to family member. To be on the safer side, I want to know whether we are allowed to move to Malta/Germany etc and claim for EU residence permit using this visitor visa. Or is that allowed only on the EU Spouse visa which was rejected? I don't want to get into hassles. I have a good job here in India and plan to work remotely during the 3 months if it doesn't work out.

Regards,
Solomon