ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Question about Schengen Visas

Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
Pasha
Member
Posts: 113
Joined: Wed Aug 22, 2007 10:42 pm

Question about Schengen Visas

Post by Pasha » Fri Feb 06, 2009 9:35 pm

Hello,

I have been issued a Schengen Visa as the spouse of an EEA National. My husband and I reside in the UK and have obtained our EEA 1 and EEA2 residence cards.

My Schengen Visa, issued in London, is valid for a month and I must spend a maximum of 14 days during that time. Can anyone confirm;

- Can I travel to more than one schengen countries although my visa is a single entry visa?

Thanks,
Pasha

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Re: Question about Schengen Visas

Post by Plum70 » Fri Feb 06, 2009 11:21 pm

My Schengen Visa, issued in London, is valid for a month and I must spend a maximum of 14 days during that time.
You were issued a 1 month single entry schengen visa as the non-EEA spouse of a EU national? Surprising... I assumed the least such applicants got was a mult. entry 6 month visa? Which country issued yours?
Can I travel to more than one schengen countries although my visa is a single entry visa?
For a single entry visa you can travel as thus: From London hop, skip and jump to any other schengen state as many times as you like (within the 14 days) but once you exit the schengen zone (for instance returning to London) you cannot re-enter on the same visa. Hence the term 'single entry'.

Richard66
Senior Member
Posts: 745
Joined: Sat Aug 25, 2007 9:17 pm
Location: Italy

Post by Richard66 » Mon Feb 09, 2009 3:25 pm

Such nonsense. As the spouse of an EEA citizen joining or accompanying the EEA citizen you have the right to remain with the EEA citizen in any EEA country for up to 3 months with no other formalities than the possession of a valid passport and either a residence card or an entry visa.

How can they give you a 14-day visa and what happens if you stay for 2 months? You are within your rights, whether the country that gave you the visa likes it or not.
Aiming at travelling to the UK with my wife and not with an EEA FP!

Pasha
Member
Posts: 113
Joined: Wed Aug 22, 2007 10:42 pm

Post by Pasha » Mon Feb 09, 2009 7:36 pm

I did request a multiple entry visa and on the form where it asks duration, I stated 14 days. For future applications, should I have left this section blank?

I did state that my husband and I would like to visit more that one countries in the schengen space. I am not sure why I was given a single entry visa, I have read that this is sometimes the case when it is the applicants schengen visa?

I am finding it difficult to book flights particularly because I must do so within the one month validity period. With our work comittments coupled with the fact that it is single entry visa so must do it as one trip. I am just wondering if I did not use the Schengen Visa, this may be a daft question, but will that in anyway affect my future application for a visa?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Feb 09, 2009 10:08 pm

I would always ask for a multiple entry 90 day visa if you are the spouse of an EU citizen (including spouse of a UK citizen)

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Tue Feb 10, 2009 12:53 pm

I am not sure why I was given a single entry visa, I have read that this is sometimes the case when it is the applicants schengen visa?
Did you mean to say: "this is sometimes the case when it is the applicant's FIRST schengen visa"? Was this your first?

When I applied I also asked for a single entry for 4.00 days, yet the French issued me a 6 month multiple entry schengen visa (my 1st from them and 3rd overall in 13 years). I still don't see why yours was so limited.

Richard66
Senior Member
Posts: 745
Joined: Sat Aug 25, 2007 9:17 pm
Location: Italy

Post by Richard66 » Tue Feb 10, 2009 2:59 pm

The first cannot be for less than 90 days. Subsequent ones can be valid for 90 days for every 180 days anc can be valid for up to 5 years (C5).

If they issue you a visa for 3 days will they expell you if you stay 90? :D They cannot without violataton their own legislation.
Aiming at travelling to the UK with my wife and not with an EEA FP!

Pasha
Member
Posts: 113
Joined: Wed Aug 22, 2007 10:42 pm

Post by Pasha » Wed Feb 11, 2009 7:02 pm

I did mean to say 'my first schengen visa'. Thanks for the advise. I will, in future, state 90 days.

If I did want to stay more than 14 days, I would have to apply for an extension which is not which is not really what anyone would like to be doing when on holiday but luckily our trip is not going to exceed 14 days.

Is there any implications of me not even using the visa now that it has been issued?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Feb 11, 2009 9:11 pm

Pasha wrote:If I did want to stay more than 14 days, I would have to apply for an extension which is not which is not really what anyone would like to be doing when on holiday but luckily our trip is not going to exceed 14 days.
If you were travelling with your EU spouse, you would NOT need to seek an extension even if you overrun your time.

You are allowed to stay for up to 90 days with your EU spouse, even if the visa is for less. In such cases, you should be sure you are travelling with your EU spouse, and carry your marriage certificate with you.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Feb 12, 2009 8:11 am

Directive/2004/38/EC wrote:
Pasha wrote:If I did want to stay more than 14 days, I would have to apply for an extension which is not which is not really what anyone would like to be doing when on holiday but luckily our trip is not going to exceed 14 days.
If you were travelling with your EU spouse, you would NOT need to seek an extension even if you overrun your time.
Apart from the fact that you cannot extend this kind of visa anyway...

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Feb 13, 2009 4:58 pm

86ti wrote:
Directive/2004/38/EC wrote:
Pasha wrote:If I did want to stay more than 14 days, I would have to apply for an extension which is not which is not really what anyone would like to be doing when on holiday but luckily our trip is not going to exceed 14 days.
If you were travelling with your EU spouse, you would NOT need to seek an extension even if you overrun your time.
Apart from the fact that you cannot extend this kind of visa anyway...
I am not sure I understand your comment.

I was trying to say that the visa is about entry into the country only. Any maximum time in the country limit to the visa is just show. The law says it is up to 90 days unconditionally, and more than that if the EU citizen is working, self supporting or a student studying...

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Sat Feb 14, 2009 3:11 pm

Directive/2004/38/EC wrote:
86ti wrote:
Directive/2004/38/EC wrote:
Pasha wrote:If I did want to stay more than 14 days, I would have to apply for an extension which is not which is not really what anyone would like to be doing when on holiday but luckily our trip is not going to exceed 14 days.
If you were travelling with your EU spouse, you would NOT need to seek an extension even if you overrun your time.
Apart from the fact that you cannot extend this kind of visa anyway...
I am not sure I understand your comment.

I was trying to say that the visa is about entry into the country only. Any maximum time in the country limit to the visa is just show. The law says it is up to 90 days unconditionally, and more than that if the EU citizen is working, self supporting or a student studying...
(original answer removed)

EDIT: Stupid me! I got you now. Your point is that the Schengen visa stuck to the passport is meaningless since Pasha has a RC and they travel together.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Feb 14, 2009 3:58 pm

Actually I also mean that for the family member of an EU citizen (even one who does not have a RC) the visa is an entry visa only. It regulates only entry to the country. If you will, it regulates only the dates that you can pass through the frontier and into the country. Once you are there, you can spend up to 90 days in the country without any other preconditions.

andyfish
Newly Registered
Posts: 5
Joined: Wed Apr 01, 2009 1:17 pm
Location: london

Post by andyfish » Wed Apr 01, 2009 1:22 pm

Directive/2004/38/EC wrote:Actually I also mean that for the family member of an EU citizen (even one who does not have a RC) the visa is an entry visa only. It regulates only entry to the country. If you will, it regulates only the dates that you can pass through the frontier and into the country. Once you are there, you can spend up to 90 days in the country without any other preconditions.
I think from last month the spouse of an EEA citizen does not need a visa any more

as long as he/she has his/her residence permit with the words "family member of EEA national" endorsed, and are travelling with the spouse

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
Contact:

Post by Ben » Wed Apr 01, 2009 1:46 pm

andyfish wrote:I think from last month the spouse of an EEA citizen does not need a visa any more

as long as he/she has his/her residence permit with the words "family member of EEA national" endorsed, and are travelling with the spouse
Hi Andy. You're right, but it's not since last month - it's since 30th April 2004.
Directive 2004/38/EC, Article 5(2) wrote:2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Directive 2004/38/EC, Article 10 wrote:1. The right of residence of family members of a Union citizen who are not nationals of a Member
State shall be evidenced by the issuing of a document called "Residence card of a family member of
a Union citizen" no later than six months from the date on which they submit the application. A
certificate of application for the residence card shall be issued immediately.

andyfish
Newly Registered
Posts: 5
Joined: Wed Apr 01, 2009 1:17 pm
Location: london

Post by andyfish » Thu Apr 02, 2009 4:45 pm

The law was passed then but France has only started using the law last month

anyway, to get the endorsement in this country, you do have to use the form EEA2

http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Re: Question about Schengen Visas

Post by ca.funke » Wed Apr 08, 2009 5:14 pm

Pasha wrote:My Schengen Visa, issued in London, is valid for a month and I must spend a maximum of 14 days during that time.
My wife was issued with a visa for 4 (four) days :!:, valid for a period of 14 days, by the German embassy in Dublin. (We wanted to join a friend for a barbecue over a long weekend)

This was AFTER I explained that I know that I can travel with 4EUFam, but want to avoid complications on the border, and hence would like to have a long-term visa.

Result: After some search I finally found a job in Schengen-Land, and we now left Ireland altogether, simply because we want to be able to travel freely, which is supposingly our right but in no way guaranteed in reality.

Since we are in Zürich now, the stress associated with travel has much decreased :)

Locked