Applying for Schengen visa from the UK?

[exeter11]

I would love to hear from anyone who had any experience with applying for a schengen visa from the UK for spouses of EU while they are waiting for the Residence Card.
I am a Polish wife of an Egyptian husband. My husband is still waiting for his residence card for 6 months now and no answer from the Home Office yet, meanwhile we love to travel to visit our family in Poland and he needs a schengen visa to go there. we rang the consulate in London and they said it is not so possible he can get a visa to Poland without the residence card affixed in his passport, as he has got a new passport which doesn't show his last work permit in the UK.
We are so confused really and don't know what to do and we appreciate any experience about applying for schengen visas from any EU consulates in the UK while waiting for the Residence Card for EU family memeber

[86ti]

Unfortunately, many embassies require proof of residence. Also, Schengen rules require you to apply to the country where your main destination is. You may get a visa the first time but next time you may have problems.

BTW, the Polish embassy is wrong in thinking that spouses of Polish citizen would need a visa in the presence of the RC.

[exeter11]

Unfortunately, many embassies require proof of residence. Also, Schengen rules require you to apply to the country where your main destination is. You may get a visa the first time but next time you may have problems.

BTW, the Polish embassy is wrong in thinking that spouses of Polish citizen would need a visa in the presence of the RC.

Thanks 86ti for replying. Did you mean that there is no way to get a schengen visa for EU spouse without a proof of residence in the UK? he has got his payslips and his work contracts and any relevant documents like bills and bank statements as well as the certificate of application from the Home Office... I am not really sure about the schengen visa rules to spouses of EU but i heard that it should be given on priority basis and shouldn't require any proof other than the marriage certificate.

[86ti]

Thanks 86ti for replying. Did you mean that there is no way to get a schengen visa for EU spouse without a proof of residence in the UK? he has got his payslips and his work contracts and any relevant documents like bills and bank statements as well as the certificate of application from the Home Office...

You may find an embassy that doesn't have this requirement. The Dutch seem to do it but they also say that it would take a very long time (it's somewhere on their webpage).

The EU regulations do not require you to apply for the RC so the embassies can in principle not ask for it. You can complain to SOLVIT and/or the EU comission but that may not resolve the issue within a reasonable time frame.

I am not really sure about the schengen visa rules to spouses of EU but i heard that it should be given on priority basis and shouldn't require any proof other than the marriage certificate.

Yes, that's right. If you have a RC, however, you should not need an additional visa.

See http://www.immigrationboards.com/viewtopic.php?t=27612.

[Directive/2004/38/EC]

exeter11: You huband does not need to get a Residence Card to be living with you in the UK. It is entirely optional for him (legally) acording to the Uk government.

For a visa, all that he needs is a valid passport, to be travelling with you, and proof that you are married.

You can contact Solvit for their assistance.

[exeter11]

exeter11: You huband does not need to get a Residence Card to be living with you in the UK. It is entirely optional for him (legally) acording to the Uk government.

For a visa, all that he needs is a valid passport, to be travelling with you, and proof that you are married.

You can contact Solvit for their assistance.

Directive/2004/38/ec Thanks alot for your reply. Our application for RC is more than 6 months now and we think it will take even longer and that why we thinking about getting a shengen visa to be able to travel.. We called the Polish consulate in London this morning and the lady told us that it is not easy for my husband to apply for Polish visa without any proof of residency in the UK but she said we would try but the application will be unsupported and it might be rejected....Do you know if he gets refused by the Polish Consulate for that reason Will he be able to apply again later or he will be banned from entering the schengen area?

[Directive/2004/38/EC]

We called the Polish consulate in London this morning and the lady told us that it is not easy for my husband to apply for Polish visa without any proof of residency in the UK but she said we would try but the application will be unsupported and it might be rejected....Do you know if he gets refused by the Polish Consulate for that reason Will he be able to apply again later or he will be banned from entering the schengen area?

You need to read the Guide on how to get the best out of Directive 2004/38/EC (which you can find at http://eumovement.wordpress.com/directive-200438ec/ ). Your husband has the same right of free movement in the EU as you do, so long as he is travelling with you. They can, sometimes, require him to get a visa, but it must be issued for free, as soon as possible, and on the basis of an accelerated process.

It is very difficult for an EU country to legitimately reject your husband's visa application. It can only be one of four grounds: national security, (big) public policy, (big) public health, or that your marriage is a fraud. In each case the member state has to provide you with a very good reason for rejecting the application. Being rejected for an earlier visa is no grounds for rejecting any subsequent application.

[86ti]

The CCI do not say that you have to be resident. There is just a guideline what to do if there were any doubts (see II.3.). The residence requirement appears to be very much a decision of the consulate/MFA.

[exeter11]

It is very difficult for an EU country to legitimately reject your husband's visa application. It can only be one of four grounds: national security, (big) public policy, (big) public health, or that your marriage is a fraud. In each case the member state has to provide you with a very good reason for rejecting the application. Being rejected for an earlier visa is no grounds for rejecting any subsequent application.[/quote]
Thanks for your helpful explainations. I've just rang the Polish Consulate in Edinburgh just to hear their views about our issue and if it is going to be different to the ones I heard from the London consulate, the person who answered the call was so polite and approachable to hear from me, and she confirmed to me that my husband is NOT allowed even to apply to any sort of visas as his national passport doesn't show any valid residency in the UK, I tried to explain to her about my husband's rights of free movements according to the Directive 2004/38/EU but she confirmed again what she said earlier and the only options for my husband are either wait to get his British Residence Card or applying from his country of origin.

[Directive/2004/38/EC]

I would contact Citizen signpost services for their legal opinion http://ec.europa.eu/citizensrights/

I would also contact Solvit for their help http://eumovement.wordpress.com/help-eu-solvit/

[86ti]

she confirmed to me that my husband is NOT allowed even to apply to any sort of visas as his national passport doesn't show any valid residency in the UK

Is this by virtue of Polish law? You should always try to ask on what grounds you cannot do something.

[exeter11]

I would contact Citizen signpost services for their legal opinion http://ec.europa.eu/citizensrights/

I would also contact Solvit for their help http://eumovement.wordpress.com/help-eu-solvit/

Hi Directive 2004/38/EU I have just got a reply from the signpost today replying to my issue to an entry visa to my husband and here is the reply I have got:


Dear Madam

According to EU law on entry and residence of EU citizens and their family members in another EU country (Directive 2004/38) a family member of an EU citizen when travelling with the EU citizen to another EU country ought to be able to present his/her valid passport and where required a visa only. Such a visa should be issued free of charge and without undue formalities (Art 5(2) Dir 2004/38 – full text to be found on: http://europa.eu/scadplus/leg/en/lvb/l33152.htm).

Please note that in accordance with the provisions of Directive 2004/38 valid residence card of an EU citizen’s family member issued by one EU MS may be used in place of a visa in case of travel to another EU country. It is not however a pre-requirement of applying for a Schegen visa. Schengen visas may be applied for by all third country nationals – regardless of whether they are family members of EU citizens or not. I have to therefore admit I do not fully understand why does the Polish embassy refuse to accept your husband’s application. The confirmation you have received form the British authorities for the time being should be a sufficient proof that he is not an illegal immigrant in the country.

I would advise that you try to approach the Embassy again – possibly trying to explain your position in the light of legislation outlined above. Should you continue to have problems you may whish to contact our sister service – SOLVIT which may be able to assist. For information on the scope of work of SOLVIT, address of SOLVIT Centres and a form allowing for electronic submission of a case for SOLVIT’s consideration please go to: www.europa.eu.int/solvit.

Thank you for contacting our service!

[exeter11]

she confirmed to me that my husband is NOT allowed even to apply to any sort of visas as his national passport doesn't show any valid residency in the UK

Is this by virtue of Polish law? You should always try to ask on what grounds you cannot do something.

Hi 86ti I did call them again and the same lady told me that we need to wait to talk to a senior officer who is already on holiday and she took our e.mail and promised that she will get back to us as she said later that she herself is NOT fully aware of such situation and even the whole directive 2004/38/eu . it is really a shame!

[Directive/2004/38/EC]

Hi 86ti I did call them again and the same lady told me that we need to wait to talk to a senior officer who is already on holiday and she took our e.mail and promised that she will get back to us as she said later that she herself is NOT fully aware of such situation and even the whole directive 2004/38/eu . it is really a shame!

That the embassy employees take holidays is a poor excuse for not knowing the law or being able to check (immediately) with central services in Warsaw. The number of exuses to be heard from embassies is simply amazing!

I would suggest you contact Solvit. It takes them some time in any case and I am sure you will have to involve them in the end.