EU4Fam and EU-wide travel - some theory

[ca.funke]

This is only partly relevant, nevertheless I wonder:

In the (much discussed) EU4Fam scenario, the non-EU-part may "accompany or join" the EU-part of the relation.

How are the following scenarios handled in practice?

1. Airport-pickup (this may actually have some relevance)

• Imagine the non-EU-part was left behind somewhere, in order to later "join" the EU-part on a trip.
• Airlines are obliged to ensure that all passengers on their planes have valid visas, otherwise they are liable to returning the "illegal" passenger to the origin.
• How can the airline check that this is indeed a joining?
• How can the non-EU part proof this on arrival? (Although this could be resolved through checking who is waiting outside, this is still a lot of hassle...)

2. More theoretical issues, but I will actually experience this situation next week

• On a visit to Schengen-Europe we will literally stay 500 meters from the Belgian/German border (on the Belgian side).
• We want to go for a walk in the woods. We always cross the border several times when doing this. (It's a bit of a zig-zag there). Do I have to cross the border first, so my wife can "join" me on the other side? If she crosses first, would this (technically) be illegal? (=traveling on her own)
• I want to sleep, my wife wants to go shopping in Aachen (Germany, 5 kilometers away), and later come back. Do I really have to "accompany" her until behind the border, so she can come back to "join" me in Belgium when she is finished? Or may I remain sleeping?

This is just to show that the consequences of 2004/38/EC are not very well thought out, it's all one big mess.

[cantaro]

1. Airport-pickup (this may actually have some relevance)

• Imagine the non-EU-part was left behind somewhere, in order to later "join" the EU-part on a trip.
• Airlines are obliged to ensure that all passengers on their planes have valid visas, otherwise they are liable to returning the "illegal" passenger to the origin.
• How can the airline check that this is indeed a joining?
• How can the non-EU part proof this on arrival? (Although this could be resolved through checking who is waiting outside, this is still a lot of hassle...)

My wife flew to Germany and back to Dublin in June, and she did not experience any issues with the airline, although that may be due to the German residence sticker still in her passport; that way, she can use either that or the GNIB card.

2. More theoretical issues, but I will actually experience this situation next week :)

• On a visit to Schengen-Europe we will literally stay 500 meters from the Belgian/German border (on the Belgian side).
• We want to go for a walk in the woods. We always cross the border several times when doing this. (It's a bit of a zig-zag there). Do I have to cross the border first, so my wife can "join" me on the other side? If she crosses first, would this (technically) be illegal? (=traveling on her own)
• I want to sleep, my wife wants to go shopping in Aachen (Germany, 5 kilometers away), and later come back. Do I really have to "accompany" her until behind the border, so she can come back to "join" me in Belgium when she is finished? Or may I remain sleeping?

Since both Belgium and Germany are Schengen countries, you should not have any problem.

I was just thinking, you could bring me some stuff from Aachen… :)

[zuz]

Christian I think she already "joined" you when entering Schengen states !

[ca.funke]

My wife flew to Germany and back to Dublin in June, and she did not experience any issues with the airline, although that may be due to the German residence sticker still in her passport; that way, she can use either that or the GNIB card.

Lucky you! We don't have a German residence-card. But maybe that's an indirect way of getting a "permanent" Schengen-Visa... We should get registered somewhere there...

However, if I go to Belgium today, and my wife wants to follow me tomorrow, we would currently be stuck. And that's not good

Since both Belgium and Germany are Schengen countries, you should not have any problem.

Yeah - in practice there won't be problems. But rarely rarely, when crossing from Vaals to Aachen (or the other way), there is a checkpoint... And this could get us stuck for a few hours...

I was just thinking, you could bring me some stuff from Aachen…

What shall I bring

Christian I think she already "joined" you when entering Schengen states !

Like before - although in practice I don't think there'll be problems, technically 2004/38/EC has nothing to do with Schengen, so "joining in Schengen" does not count.
(I assume, I don't know)
In this case the problem is existent at each border.