EU spouse traveling to Italy - 2004/38/EC

[tsar555]

My husband is a British citizen and I am a non-EU national.

Based on the 2004/38/EC directive, I had misunderstood that I could travel with my spouse to Italy without a visa. We have booked non-refundable tickets from the 7th to the 14th of June.

However, on further inspection, the Italian consulate website has the following instruction -

[family members of EU nationals who do not have the nationality of a Member State, but have the new residence permits issued by the British Home Office bearing the specific following indication:
"RESIDENCE DOCUMENTATION Type of Document: Residence Card of a Family Member of an EEA National" will not need a Schengen visa for a short stay in Italy."]

While I have a 2 yr Resident permit on the basis of a spouse visa, the permit does not specifically state "residence card of a family member of an EEA national".

Does that mean that I cannot travel without a visa to Italy? Please help, as there is almost no chance of us getting an appointment for a visa in one week.

The other thing is that I have a valid Schengen visa(issued by the Netherlands) for a 5 day duration which ends on the 12th of June. (However, our trip is for 8 days with return booked for the 14th of June).

What are my options? (aside from canceling or cutting short my trip!!!)

[charles4u]

My husband is a British citizen and I am a non-EU national.

Based on the 2004/38/EC directive, I had misunderstood that I could travel with my spouse to Italy without a visa. We have booked non-refundable tickets from the 7th to the 14th of June.

However, on further inspection, the Italian consulate website has the following instruction -

[family members of EU nationals who do not have the nationality of a Member State, but have the new residence permits issued by the British Home Office bearing the specific following indication:
"RESIDENCE DOCUMENTATION Type of Document: Residence Card of a Family Member of an EEA National" will not need a Schengen visa for a short stay in Italy."]

While I have a 2 yr Resident permit on the basis of a spouse visa, the permit does not specifically state "residence card of a family member of an EEA national".

Does that mean that I cannot travel without a visa to Italy? Please help, as there is almost no chance of us getting an appointment for a visa in one week.

The other thing is that I have a valid Schengen visa(issued by the Netherlands) for a 5 day duration which ends on the 12th of June. (However, our trip is for 8 days with return booked for the 14th of June).

What are my options? (aside from canceling or cutting short my trip!!!)

First with ur residence permit, you still need a visa for italy -NO DOUBT.

Secondly, the fact you have a valid schengen visa, you can visit italy and depart from Italy the 12th of june. I advise u not to stay a day extra.

[tsar555]

Thank you for your reply. I have 5 working days to try and rescue our annual holiday. Is it a viable option to either try to get a 3 day visa from the italian consulate through an agent or apply to the netherlends for a 3 day extension? (My iniitial application to the netherlands was for 90 days so I could accompany my husband on business trips. It was approved only for a 5 day duration over a 2 week period ending on the 12th of june and we ended up not using it)

[Ben]

Secondly, the fact you have a valid schengen visa, you can visit italy and depart from Italy the 12th of june. I advise u not to stay a day extra.

Wrong.

A visa is a form of entry clearance only. The right to reside is very different.

tsar555 - you have a valid Schengen visa. As long as it's in date when you enter Italy, you are entering in the company of (or to join) your UK national spouse, you both have your valid passports and (a copy of) or marriage certificate - you entry into Italy cannot be refused.

Once in Italy, you both have the right to remain, for up to three months, without any further conditions or formalities.

Enjoy your holiday.

[charles4u]

Secondly, the fact you have a valid schengen visa, you can visit italy and depart from Italy the 12th of june. I advise u not to stay a day extra.

Wrong.

A visa is a form of entry clearance only. The right to reside is very different.

tsar555 - you have a valid Schengen visa. As long as it's in date when you enter Italy, you are entering in the company of (or to join) your UK national spouse, you both have your valid passports and (a copy of) or marriage certificate - you entry into Italy cannot be refused.

Once in Italy, you both have the right to remain, for up to three months, without any further conditions or formalities.

Enjoy your holiday.

So what you are saying here is that ...someone who holds a student pass in cyprus for example and married with an EU citizen can both go together to Netherlands ....just bcus he or she has a marraige certificate to prove ?

[tsar555]

Benifa, Charles - Thanks for your inputs.

Benifa - I think you might have something there. Can you guide me to a directive/ruling/policy that I can print out as support to answer questions (if any) asked by Immigration authorities while leaving Italy/re-entering the U.K.

Thank you very much for your time.

[tsar555]

Benifa,

To clarify - I understand that I can enter Italy with my existing schengen visa.

However, I am concerned on any questions asked by immigration authorities while returning to the U.K on overstaying my Schengen validity if i stay 2 more days in Italy. So, I am looking for any backup/support in the form of a directive/ruling that allows me - as a EU spouse - to stay for upto 3 months.

Again, I greatly appreciate your time.

Thanks!

[Ben]

1. You have a right to enter Italy.

Right of Entry
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.

2. After entry, you have a right to remain in Italy for up to three months.

Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.

3. UK Immigration Officers are not too concerned with what you do outside of the UK. Their concern is protecting UK borders only.

For reference, Directive 2004/38/EC is available in Italian >>here<<. Print out a copy and take it with you, if you like. Remember to circle the relevant Articles.

[tsar555]

Benifa,

That's perfect!

Thank you so much for your prompt reply.

Tsar555

[Directive/2004/38/EC]

tsar555,

I would also recommend you carry your marriage certificate with you. It is key to resolving problems immediately in the unlikely event that there are problems.

Even if you did not have a visa, Eu member states are required to let you in if you have proof of who you both are (your passports), and proof that you have a family relationship (your marriage certificate). There was a very clearly decided in ECJ case C-459/99 (MRAX vs Kingdom of Belgium), and has been incorporated in Directive 2004/38/EC and into the Practical Handbook for Border Guards (Schengen Handbook): Brussels, 06/XI/2006 C (2006) 5186 final – EUROPEAN COMMISSION RECOMMENDATION (which can be found at http://eumovement.wordpress.com/other-schengen/). See section 3.1 Persons enjoying the Community right of free movement

[tanya_cz]

tsar555,

how did it all go???