- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Richard, that's great news if it's correct! However, it's not what I glean from the French Embassy webpage.As the family member of an EU citizen your wife is allowed to stay in any EEA state, if together with you, for up to 90 days.
What visa? Do you mean her UK-limited leave to remain?She needs no other document than a valid passport and her entry visa.
That is what I want to avoid, and consequential problems at the border entry points.Stuff and nonsense!
Unrelated to your post, but I would ring 01516725626, instead of 08450105200. Cheaper.andyfish wrote:08450105200
A UK Residence Card, endorsed as "family member of EEA national", is given to an eligible person who has submitted form EEA2. It takes 6 months to process (theoretically).andyfish wrote:I have just looked at the French website and it says "as from March 2009, the foreign spouse of an eu national may enter france without a visa if they hold a uk residence permit with the endorsement "family member of EEA national"
the catch22 is that the Uk agency do not have any idea how to get the endorsement!!
I've had a look at the form. As I see, this is applicable for non-EEA spouses of EEA citizens exercising treaty rights in the UK. It's not clear to me that a non-EEA spouse of a UK citizen can use this form to obtain entry clearance for Europe.A UK Residence Card, endorsed as "family member of EEA national", is given to an eligible person who has submitted form EEA2. It takes 6 months to process (theoretically).
You are correct. This is applicable for non-EEA family members of EEA citizens exercising treaty rights in the UK. Family members of UK citizens are usually excluded.LamplighterUK wrote:I've had a look at the form. As I see, this is applicable for non-EEA spouses of EEA citizens exercising treaty rights in the UK. It's not clear to me that a non-EEA spouse of a UK citizen can use this form to obtain entry clearance for Europe.A UK Residence Card, endorsed as "family member of EEA national", is given to an eligible person who has submitted form EEA2. It takes 6 months to process (theoretically).
Yup! And what I'm trying to understand is what my wife, who is a UK resident and married to me, a UK citizen, but who is a non-EEA national (Ukrainian) herself, needs in order to travel in the Schengen zone!so that is the wrong form! it is for the non-EU spouse of an EU member living in the UK, so that he/she can live in the UK too
trouble is, nobody in the UKBA knows anything about it, they just pass you on to another dept
Hi LamplighterUK,LamplighterUK wrote:Yup! And what I'm trying to understand is what my wife, who is a UK resident and married to me, a UK citizen, but who is a non-EEA national (Ukrainian) herself, needs in order to travel in the Schengen zone!so that is the wrong form! it is for the non-EU spouse of an EU member living in the UK, so that he/she can live in the UK too
trouble is, nobody in the UKBA knows anything about it, they just pass you on to another dept
We will drive together from UK to Ukraine, and back, in the summer.
As I understand the situation at the moment, she will not get through French immigration with her passport and UK Residency card but without a Schengen visa.
However, on the way back, she will have no problem entering the Schengen zone through the Polish border, as Poland do not require her to have a visa.
I guess one option might be for her to fly to Ukraine whilst I drive, then us returning by car together?!!
Damned confusing!! - but thanks for the comments.
To quote from the website of the polish embassy in london.FYI - Poland, as a Schengen country, does require Ukrainian citizens to hold a valid Schengen visa, as a condition of entry. Why did you think this was not so?
It is free, as far as I can see. The earliest date for appointments at present is 9 May, but the visa can be issued on the same day. However, my wife already has a Schengen transit visa issued by the Polish embassy before we were married, which is valid until mid-June. As we will travel in early August, we need a new Schengen visa for entry to France, but I'm not clear whether we can apply for this before the existing visa expires. I've contacted the French Embassy, but a reply has not been forthcoming!Your wife needs a Schengen visa. Apply to the French embassy in London. It will be free, and must be issued as soon as possible.
All well and good if you have the energy and time to go through the hassle of explaining, arguing and pleading your case, till you're blue in the face!torger wrote:Legally under EU law you need NO visa to enter Schegan if she travels with you (UK citizen). The border guard is NOT allowed to turn you back providing you and your wife can prove the relationship (i.e. marriage certificate). The problem is that most EU countries ignore the rules and expect a visa to be issued to a "visa" national and airlines will not let you board without a visa. But if you can get to an immigration post (such as a land border crossing) then you can argue your case with the border guard and you will win. I have a Kazakhstani wife (I am Irish/UK national) and I am sick of being treated like a leper every time we cross a border. I have on 2 occasions tried and successfully negotiated entry to Schengan zone without my wife having a visa (2 out of 2 attempts - once entering France, once entering Germany). You also need to think of some tricks to get on the airline. For example if you fancy a trip to Germany, get a flight to the Ukraine via Berlin (or wherever). The airline will let you board as they see you as transit (i.e. no visa required), then present yourself to immigration with passport and marriage certificate. They will admit you because they have to!!!! They are absolutely NOT allowed to split up families. Imagine you (and even better if there are children) are admitted (with an EU passport) and the wife is sent back....no no no, will never happen, never never never and most border guards know this and the ones that do not you can have sport making them squirm.....
with all these documents your wife should hold a residence card which states Family member of an EU citizen.LamplighterUK wrote:Hi benifa
To quote from the website of the polish embassy in london.FYI - Poland, as a Schengen country, does require Ukrainian citizens to hold a valid Schengen visa, as a condition of entry. Why did you think this was not so?
http://www.londynkg.polemb.net/index.ph ... bb49aabff0
If you are a spouse of the EU national (but not of the Polish citizen), please, note that, on the basis of Directive 2004/38/EC you do not need an entry visa to enter Poland if all of these three conditions are fulfilled:
1. You are married to an EU-citizen but not to a Polish citizen,
2. You are a holder of
-the British "Residence Card of a Family Member of an EEA National",
or
-the British "Limited leave to remain in the United Kingdom",
or
-the British "Indefinite leave to remain in the United Kingdom",
3. You are accompanied by your spouse (EU-national) when travelling to Poland.
Please, make sure you hold the original of your marriage certificate which may be requested to present upon arrival to Poland.
It is free, as far as I can see. The earliest date for appointments at present is 9 May, but the visa can be issued on the same day. However, my wife already has a Schengen transit visa issued by the Polish embassy before we were married, which is valid until mid-June. As we will travel in early August, we need a new Schengen visa for entry to France, but I'm not clear whether we can apply for this before the existing visa expires. I've contacted the French Embassy, but a reply has not been forthcoming!Your wife needs a Schengen visa. Apply to the French embassy in London. It will be free, and must be issued as soon as possible.
Cheers
I will strongly advise you not to rely on this information. Polish immigration officers are the dumbest possible ones and expecting them to be aware of this law would be rather foolish.LamplighterUK wrote:Hi benifa
To quote from the website of the polish embassy in london.FYI - Poland, as a Schengen country, does require Ukrainian citizens to hold a valid Schengen visa, as a condition of entry. Why did you think this was not so?
http://www.londynkg.polemb.net/index.ph ... bb49aabff0
If you are a spouse of the EU national (but not of the Polish citizen), please, note that, on the basis of Directive 2004/38/EC you do not need an entry visa to enter Poland if all of these three conditions are fulfilled:
1. You are married to an EU-citizen but not to a Polish citizen,
2. You are a holder of
-the British "Residence Card of a Family Member of an EEA National",
or
-the British "Limited leave to remain in the United Kingdom",
or
-the British "Indefinite leave to remain in the United Kingdom",
3. You are accompanied by your spouse (EU-national) when travelling to Poland.
Please, make sure you hold the original of your marriage certificate which may be requested to present upon arrival to Poland.
It is free, as far as I can see. The earliest date for appointments at present is 9 May, but the visa can be issued on the same day. However, my wife already has a Schengen transit visa issued by the Polish embassy before we were married, which is valid until mid-June. As we will travel in early August, we need a new Schengen visa for entry to France, but I'm not clear whether we can apply for this before the existing visa expires. I've contacted the French Embassy, but a reply has not been forthcoming!Your wife needs a Schengen visa. Apply to the French embassy in London. It will be free, and must be issued as soon as possible.
Cheers
?? !! Not correct, BenBen wrote: This is applicable for non-EEA family members of EEA citizens exercising treaty rights in the UK. Family members of UK citizens are usually excluded.
msmoby_ru wrote:?? !! Not correct, BenBen wrote: This is applicable for non-EEA family members of EEA citizens exercising treaty rights in the UK. Family members of UK citizens are usually excluded.
Provided the UK Citizen has exercised his / her treaty rights and lived / worked in a third EU nation - then they have every right to apply under this EU Directive..
Ben wrote:Family members of UK citizens are usually excluded.
If you are both an Irish citizen and a British citizen, the applications should have been made based on your Irish nationality. This would have been more straightforward than applying on the basis of the ECJ ruling on Singh.msmoby_ru wrote:I wear the very t-shirt having applied as a UK / Irish passport holder and my [non EU passport holding ] family members have been granted EEA FP and UK Residency.
It doesn't change the fact that you are an Irish national.msmoby_ru wrote:Because,
1/ we got married in Cyprus - using my UK Nationality - as it was less of a formality there - to be British - no certificates necessary to show you are free to marry - just a simple affidavit.
Your step-son's secondary and tertiary education rights would not be affected either way. An application for a Residence Card as the family member of an Irish national or as the family member of a UK national covered by Singh is identical with regards to the rights conferred and the confirmation of those rights.msmoby_ru wrote:2/ I wanted to apply as a Brit as I am exercising my treaty rights - and there were issues re my step-son's secondary and tertiary education rights as a home student.