Schengen visa with expired EEAFP and waiting for EEA2

[Gerkema]

Dear all,

My wife (Russian nationality) has applied for an EEA2 permit in December 2008. I am Dutch living and working in London. Because of these HO delays the EEA2 hasn't been issued yet and her original EEAFP has expired.

We were thinking of going on a vacation to Russia this summer so that she could again apply for a new EEAFP. However, there seem to be some ICT problems in Moscow so that it is very difficult if not almost impossible to schedule an appointment for such a new EEAFP.

We thus thought of maybe going for a week to another EU country (Schengen) to apply for a new EEAFP over there (preferably Holland as we can there stay with friends and relatives).

Question is whether it is possible to apply for a free Schengen visa at the Dutch embassy without a valid EEAFP?

Thanks

[86ti]

Question is whether it is possible to apply for a free Schengen visa at the Dutch embassy without a valid EEAFP?

Some embassies require proof of residence which you do not really have. I am not sure if they can really ask you for that as the application for a residence card is optional in the UK. You will have to contact them to see what they want.

[Gerkema]

Some embassies require proof of residence which you do not really have. I am not sure if they can really ask you for that as the application for a residence card is optional in the UK. You will have to contact them to see what they want.

Thanks 86ti. You are right, the EEA2 is optional, so they can't really ask for that. However, when I called the Dutch embassy they said that they thought that my wife was here illegal as her EEAFP expired. I had to explain them that following directive 2004/38 she can never be illegal and she has the same rights as I have. They were going to look into it.

Was wondering if anyone else has come across this situation?

[86ti]

Thanks 86ti. You are right, the EEA2 is optional, so they can't really ask for that. However, when I called the Dutch embassy they said that they thought that my wife was here illegal as her EEAFP expired.

It is just sad how little they seem to know... BTW if you want to profit from visa-free travel to NL (when your wife has the RC) you may be asked for your registration certificate (and also for your marriage certificate) by Dutch immigration.

[Gerkema]

[....](when your wife has the RC) [.....]

Whenever that may be... It is truly unbelievable that they are this slow. And the most annoying is that I can't even complain yet, not until 3 June when the 6 months deadline is breached.

[caseman]

Question is whether it is possible to apply for a free Schengen visa at the Dutch embassy without a valid EEAFP?

Some embassies require proof of residence which you do not really have. I am not sure if they can really ask you for that as the application for a residence card is optional in the UK. You will have to contact them to see what they want.

From this link (http://www.ukvisas.gov.uk/en/ecg/eunati ... t#13627112) it appears clear that the EEA FP can be applied for from any embassy regardless of residence status.

Edit: I got this link from another "86ti" post.

[86ti]

From this link (http://www.ukvisas.gov.uk/en/ecg/eunati ... t#13627112) it appears clear that the EEA FP can be applied for from any embassy regardless of residence status.

Yes, but you can only apply for the RC abroad not within the UK.