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Schengen visa for family member of EEA national, please help

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ensalmo
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Schengen visa for family member of EEA national, please help

Post by ensalmo » Sun Apr 06, 2008 4:39 pm

I know that as a family member of EEA national you are allowed to travel to Europe without Schengen visa. But we wanted to be safe and we applied for a schengen visa in the Austrian embassy (wife Austrian) in London. I have the EU PR card in my passport. This time the visa got delayed this is the 4th week now waiting!!!!!! whats is the best possible way of action to take??????? had numerous visas before within 2 weeks all
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mym
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Post by mym » Mon Apr 07, 2008 12:41 pm

Contact SOLVIT.

If you have the EU PR card in your passport you don't need a visa.
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SunBlue
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Post by SunBlue » Mon Apr 07, 2008 7:20 pm

Just withdraw your application, as you dont need a visa to travel to the schengen area.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Apr 10, 2008 8:57 am

Have you contacted Solvit? You should also call the embassy up and remind them that they are legally required to process the visa application "as soon as possible" and "on the basis of an accelerated process".

If they do not deal with it quickly, you can always travel without the visa. Make sure you carry your marriage certificate with you, as well as a printed copy of Directive 2004/38/EC
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ensalmo
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Post by ensalmo » Thu Apr 10, 2008 8:41 pm

Thank you for the replies. I got the visa yesterday after threatening the Embassy to contact Austian Solvit!!!! It worked....
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ensalmo
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Post by ensalmo » Thu Apr 10, 2008 8:42 pm

Has anybody tried to travel without the visa with only EU residence card...............
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Apr 11, 2008 8:51 am

Lots of people have travelled without the Schengen visa. Some have EU Residence Cards. You can also fly into Germany without a visa if you are married to an EU citizen and carry your marriage certificate (I was told this by German border guards at Munich airport).

In all cases it makes sense to carry your marriage certificate. If you can prove you are married, then they are required to let you in even if you do not have a visa.
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mym
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Post by mym » Fri Apr 11, 2008 11:13 am

Directive/2004/38/EC wrote:In all cases it makes sense to carry your marriage certificate. If you can prove you are married, then they are required to let you in even if you do not have a visa.
But remember if you are in a Civil Partnership some EEA states do NOT recognise them as equivalent to marriage and treat your partner as an 'Extended Family Member' not a 'Family Member'.

A fact that, sooner or later, is going to make a nice test case in the courts, given that the preamble to the directive states that it should be applied with no discrimination in regard to sexual orientation...
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AxeZ
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Post by AxeZ » Fri Apr 11, 2008 12:07 pm

Just want to add closely related question here.
I am EU citizen, my wife is not, an we got married in non EU country.
If we were to carry our marriage certificate with us, does it have to be EU originated certificate, i.e to translate it or certify it in EU country or original non EU certificate will suffice?
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mym
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Post by mym » Fri Apr 11, 2008 12:30 pm

If it is in one of the official languages of the EEA I think you are ok. If not it will need to be a certified translation.
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ensalmo
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Post by ensalmo » Fri Apr 11, 2008 10:04 pm

My mother also has the EU residence card as a family member of an EEA national (my wife; her Daughter-in-Law) in her passport. Can she also travel without a visa?
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Apr 30, 2008 7:17 pm

AxeZ wrote:Just want to add closely related question here.
I am EU citizen, my wife is not, an we got married in non EU country.
If we were to carry our marriage certificate with us, does it have to be EU originated certificate, i.e to translate it or certify it in EU country or original non EU certificate will suffice?
You should get a certified translation. You should also apply for a visa. Visa free travel is largely for people living in the EU.
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