General UK immigration & work permits; don't post job search or family related topics!
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hughjars99
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- Location: United Kingdom
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by hughjars99 » Tue Jul 29, 2008 4:05 pm
Hi all,
My wife is American and is here in the UK on a spouse visa. She's been here a year almost. We've travelled all around the UK and now she wants to go further afield. Does she need to have any kind of visa to travel through Europe with me on holiday or does the fact that she is married to me and my being a UK citizen cover her travel requirements?
I can't find much info with regards to this; just what she needed to do once she got here.
If you know of any links or have any advice, I'd greatly appreciate it.
cheers!
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vinny
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by vinny » Tue Jul 29, 2008 4:16 pm
Travel rights for non-EU nationals closely defined wrote:The residence permit as an alternative to the visa?
On the basis of the Schengen Convention, now integrated in the EU framework, a valid residence permit from a Schengen State, together with a travel document, can substitute for a visa. Thus, a third-country national presenting his/her passport and a valid residence permit issued by a Schengen State can be allowed to enter another Schengen State for a short stay without needing a visa.
This equivalence does not apply to residence permits issued by the United Kingdom and Ireland, since they do not apply the Schengen acquis (although they requested to apply some of the provisions on police and judicial co-operation in criminal matters).
Thus, family members who are not EU nationals do not require an entry visa when travelling alone if they reside in a country that implements the Schengen acquis and wish to travel to another Schengen country. Such family members may travel freely and without a visa within the Schengen area, provided they are in possession of their identity document and an EU residence permit.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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3crown
- Member
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- Joined: Tue Jun 03, 2008 3:19 pm
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by 3crown » Tue Jul 29, 2008 4:19 pm
hughjars99 wrote:Hi all,
My wife is American and is here in the UK on a spouse visa. She's been here a year almost. We've travelled all around the UK and now she wants to go further afield. Does she need to have any kind of visa to travel through Europe with me on holiday or does the fact that she is married to me and my being a UK citizen cover her travel requirements?
I can't find much info with regards to this; just what she needed to do once she got here.
If you know of any links or have any advice, I'd greatly appreciate it.
cheers!
Last edited by
3crown on Tue Jul 29, 2008 4:36 pm, edited 2 times in total.
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Christophe
- Diamond Member
- Posts: 1204
- Joined: Tue Jul 04, 2006 5:54 pm
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by Christophe » Tue Jul 29, 2008 4:24 pm
As a US citizen, your wife doesn't need a visa at present to travel to any EU country, any Schengen country, or any of the non-Schengen, non-EU western European countries. So the fact that she is married to you is, for practical purposes, not relevant for ordinary tourist trips and holidays. (Russia and some of the former European Soviet republics that are not in the EU may be a different matter.) Enjoy your travels!
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stmellon
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- Location: Behind enemy lines, London
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by stmellon » Wed Jul 30, 2008 12:32 pm
vinny wrote:Travel rights for non-EU nationals closely defined wrote:The residence permit as an alternative to the visa?
On the basis of the Schengen Convention, now integrated in the EU framework, a valid residence permit from a Schengen State, together with a travel document, can substitute for a visa. Thus, a third-country national presenting his/her passport and a valid residence permit issued by a Schengen State can be allowed to enter another Schengen State for a short stay without needing a visa.
This equivalence does not apply to residence permits issued by the United Kingdom and Ireland, since they do not apply the Schengen acquis (although they requested to apply some of the provisions on police and judicial co-operation in criminal matters).
Thus, family members who are not EU nationals do not require an entry visa when travelling alone if they reside in a country that implements the Schengen acquis and wish to travel to another Schengen country. Such family members may travel freely and without a visa within the Schengen area, provided they are in possession of their identity document and an EU residence permit.
Vinny, this info is outdated (last updated March 2003!). Check out the European forum, on Directive 2004/38/EC. That said, in practice it seems many immigration officials are still applying the "UK is not part of Schengen" rule of thumb...
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Christophe
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by Christophe » Wed Jul 30, 2008 1:15 pm
stmellon wrote:Vinny, this info is outdated (last updated March 2003!). Check out the European forum, on Directive 2004/38/EC. That said, in practice it seems many immigration officials are still applying the "UK is not part of Schengen" rule of thumb...
But in any case isn't it not really relevant, and therefore possbily confusing, in the case of a US citizen wanting to make short tourist trips to countries in the Schengen area?
