Residence Under EU Directive 38/2004 free to go Denmark

babu786 · Post by **babu786** » Wed Apr 01, 2009 4:49 pm

I live in ( UK) a non EU marriage to EU ( Danish National ). Me and my wife wants to go to ( Denmark Copenhagen ) on holiday together and we live in (UK). I have a valid EU/EEA Residence. the old style stamp in my passport. valid intil 09.2011. I have
letter from the Home Office
The DANISH Embassy says i need a visa to go to Denmark (Schengen Visa) otherwise i can't go with my wife.

Danish Embassy websit show ,visa free go to Denmark
http://www.amblondon.um.dk/en/menu/Cons ... sForAVisa/

Residence Under EU Directive 38/2004 free go to European Union ?

Thanks

Pease Help

Ben · Post by **Ben** » Wed Apr 01, 2009 4:55 pm

From this post:

http://www.amblondon.um.dk/en/menu/Cons ... orDenmark/

NATIONALS WHO DO NOT REQUIRE A VISA FOR DENMARK

You do NOT need a visa for Denmark for business, personal visits or tourism if you are:

a citizen of a Nordic country

a citizen of an EU country

a citizen of a country listed below

provided you are not going to stay longer than 3 months and you are not going to do any paid or self-employed work or
if you hold an EU Residence Card (in the UK a sticker in the passport). Please note that family members of a UK national will need a visa.

babu786 · Post by **babu786** » Wed Apr 01, 2009 5:11 pm

Sorry but u dont understan what i mean

my wife she have EU Residence Under EU Directive 38/2004 ( EEA1 )( Danish National

I m Pakistani national Residence Under EU Directive 38/2004 ( EEA2 )

Danish Embassy website

FAMILY MEMBERS OF EU/EEA NATIONALS AND DANISH NATIONALS LIVING IN THE UK OR ANOTHER EU/EEA COUNTRY (EXCEPT DENMARK)

Please note that if you hold an EU/EEA Residence Card (in the UK a sticker in the passport entitled Residence Documentation)
according to Article 5 of EU Directive 38/2004, you do not need a visa for travel to Denmark. The old style stamp preceding the EU Residence Documentation sticker is also accepted for visa free travel as long as it refers to the holder being a family member of an EU/EEA national excercising Treaty Rights.
You do not need to be accompanied by your EU/EEA spouse or partner.
If you are travelling to another EU country other than Denmark you should check with the embassy in the UK whether you are also visa free for that country.
A visa is, however, needed for Iceland.

It is advisable to print this page and to present it together with your letter from the Home Office regarding your Residence Documentation and proof of relationship with EU/EEA national to the airline at the point of departure or Danish Border Control on entry into Denmark in case of problems.

http://www.amblondon.um.dk/en/menu/Cons ... sForAVisa/

Ben · Post by **Ben** » Wed Apr 01, 2009 5:14 pm

How do you feel I do not understand what you mean?

86ti · Post by **86ti** » Thu Apr 02, 2009 8:15 am

babu786 wrote:I live in ( UK) a non EU marriage to EU ( Danish National ). Me and my wife wants to go to ( Denmark Copenhagen ) on holiday together and we live in (UK). I have a valid EU/EEA Residence. the old style stamp in my passport. valid intil 09.2011. I have
letter from the Home Office
The DANISH Embassy says i need a visa to go to Denmark (Schengen Visa) otherwise i can't go with my wife.

This appears to be in direct conflict with the information on their webpage which has been online for about a year now.

Have you actually pointed out this fact to them? Does the Danish embassy possibly believe that they can exclude their own citizens from this rule?

babu786 · Post by **babu786** » Thu Apr 02, 2009 5:44 pm

Hi
where can i find Article 5 of EU Directive 38/2004 ?

Please help me

Ben · Post by **Ben** » Thu Apr 02, 2009 5:48 pm

babu786 wrote:Hi
where can i find Article 5 of EU Directive 38/2004 ?

Please help me

This is Directive 2004/38/EC. Article 5 is the one before 6 but after 4.

babu786 · Post by **babu786** » Fri Apr 03, 2009 3:52 pm

Thanks for Help full infomation

charles4u · Post by **charles4u** » Thu Apr 09, 2009 8:03 am

I am in Denmark now with my Romanian wife and I didnt come with any visa just my residence card as a family member from romania.

there is no problem at all since everywhere they asked for my wife and they said ok your free to go...I was in germany, Hungary and now in Denmark.

Plum70 · Post by **Plum70** » Thu Apr 09, 2009 1:27 pm

charles4u wrote:I am in Denmark now with my Romanian wife and I didnt come with any visa just my residence card as a family member from romania.

there is no problem at all since everywhere they asked for my wife and they said ok your free to go...I was in germany, Hungary and now in Denmark.

Charles this is different. You have a european residence card as the non-EEA family member of a union citizen living in Romania. The OP is a non-EEA family member in possession of a UK residence card which some EU member states tend disregard (as the UK is not 100% in the EU).

This is why non-EEA family members still need to apply for Schengen visas when travelling to some member states. Should not be so, but is!

Ben · Post by **Ben** » Thu Apr 09, 2009 1:33 pm

Plum70 wrote:(as the UK is not 100% in the EU)

Woah there! The UK may be outside the Schengen area, but she's a full Member State of the Union, equal as any other.

Residence Cards issued in the UK have equal validity to those issued in other Member States.

Plum70 · Post by **Plum70** » Thu Apr 09, 2009 1:59 pm

benifa wrote:
Plum70 wrote:(as the UK is not 100% in the EU)
Woah there! The UK may be outside the Schengen area, but she's a full Member State of the Union, equal as any other.

Residence Cards issued in the UK have equal validity to those issued in other Member States.

Ok. My phrasing left a lot to be desired! What I was trying to say is that some EU member states disregard the UK residence card irrespective of its seeming 'equality' with that of other EU states. Take for instance Bulgaria, an EU member state, only acknowledging PR residence cards of non-EEA family members for visa-free entry into the country. The Romanians seem to totally ignore the visa-free concession that should be accorded to non-EEA Family members in possession of UK RCs.

Likewise, a non-EEA Family member in possession of a EU residence card would still need to apply for a EEA Family permit before entering the UK as the UK does not recognise EU residence cards.

If the UK and the rest of the EU speak and understand the same language, then why the "discrimination"?

charles4u · Post by **charles4u** » Thu Apr 09, 2009 7:48 pm

Plum70 wrote:
charles4u wrote:I am in Denmark now with my Romanian wife and I didnt come with any visa just my residence card as a family member from romania.

there is no problem at all since everywhere they asked for my wife and they said ok your free to go...I was in germany, Hungary and now in Denmark.
Charles this is different. You have a european residence card as the non-EEA family member of a union citizen living in Romania. The OP is a non-EEA family member in possession of a UK residence card which some EU member states tend disregard (as the UK is not 100% in the EU).

This is why non-EEA family members still need to apply for Schengen visas when travelling to some member states. Should not be so, but is!

You are right, I was in germany also and there was no problem once they saw my wife.

The problem is UK.

freon21 · Post by **freon21** » Thu Apr 09, 2009 9:55 pm

Plum70 wrote:
benifa wrote:
Plum70 wrote:(as the UK is not 100% in the EU)
Woah there! The UK may be outside the Schengen area, but she's a full Member State of the Union, equal as any other.

Residence Cards issued in the UK have equal validity to those issued in other Member States.
Ok. My phrasing left a lot to be desired! What I was trying to say is that some EU member states disregard the UK residence card irrespective of its seeming 'equality' with that of other EU states. Take for instance Bulgaria, an EU member state, only acknowledging PR residence cards of non-EEA family members for visa-free entry into the country. The Romanians seem to totally ignore the visa-free concession that should be accorded to non-EEA Family members in possession of UK RCs.

Likewise, a non-EEA Family member in possession of a EU residence card would still need to apply for a EEA Family permit before entering the UK as the UK does not recognise EU residence cards.

If the UK and the rest of the EU speak and understand the same language, then why the "discrimination"?

This is just the policy of reciprocity.
The problem is with the UK who does not comply with the EU directives by not allowing non EEA family members of EEA citizen holder of a RC issued by other EEA states as romania bulgaria italy etc.. travelling visa free to the UK.Even if the UK is not a shenghen state she is a EEA member state and must comply with all the directives.

DFDS. · Post by **DFDS.** » Wed May 27, 2009 11:26 pm

Just think that UK assumes to be more valunable than any other member state!

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Residence Under EU Directive 38/2004 free to go Denmark

Residence Under EU Directive 38/2004 free to go Denmark

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