Non EU family member, married to a EU, going to Amsterdam

rogerex · Post by **rogerex** » Fri Jul 17, 2009 3:03 pm

Hi I'm a non EU citizen, my wife is from Slovakia,now I need to go to Amsterdam for a freinds birthday, so I'm going without my partner. I have UK residency. Do I need a visa to go to Amsterdam?

My passport is Bolivian

Many thanks!

Rozen · Post by **Rozen** » Fri Jul 17, 2009 3:13 pm

rogerex wrote:Hi I'm a non EU citizen, my wife is from Slovakia,now I need to go to Amsterdam for a freinds birthday, so I'm going without my partner. I have UK residency. Do I need a visa to go to Amsterdam?

My passport is Bolivian

Many thanks!

Yes. You need to apply for Schengen visa.

ribena · Post by **ribena** » Fri Jul 17, 2009 8:48 pm

Hi Rozen
Hope you can advice/shed some light on this:

From my understanding in the directive, the partner/spouse of the EU citizen enjoy the right as the EU citizen (right of freedom of moving, work etc).

But why when the non EU spouse get the EEA2 Residence Card, suddenly their right of movement is being restricted?

For example:
I am a Malaysian holding Malaysian passport and we are allowed to stay in a EU country for max to 3 months for tourism purpose.

But, I am going to France soon and when I did the online interactive in the France website, by keying in Your Country: Malaysia Reason: Tourism, I don't need a passport which confirm my earlier sentence as a non-visa required nationality.

After reading that some member here has problem with entering France which they need to apply Schengen Visa. So I emailed the France embassy asking for clarification. And they replied saying that I do need a Schengen visa to enter France (if I am travelling alone) or else I maybe not be allowed to enter.

And my husband is travelling with me, I don't need to apply for Schengen visa.

To which I replied that as a Malaysian passport holder, I don't need a visa to enter France (whether travelling alone or not) for tourism purpose
(link that to their own website) and does that means the Residence Card 'overruled' the nationality of the passport bearer; which I am
still waiting for a reply.

So basically I am confused, if we the non EU spouse has the same right as our EU spouse, then why do we need any visa (Schengen Visa) at all to enter some country.

That begs the questions,
where is our right on freedom of movement? Seems only some country actually follow the Directive.
Does the Residence Card 'overruled' our nationality - as a non visa national?

I have always thought the non EU spouse get the same right as their spouse. Which seems pretty straight forward as mentioned in the Directive.

Or am I being ignorant? Or misunderstood the Directive completely?

The more I read up on the Schengen visa at the Europe Immigration Forum, the more confused I am or am I just going mad?

p/s:my husband and I had a row whether Residence Card=Schengen Visa. My husband said yes and I said there is no where mentioned Residence Card=Schengen Visa.

sebhoff · Post by **sebhoff** » Fri Jul 17, 2009 9:30 pm

This thread might help: http://www.immigrationboards.com/viewtopic.php?t=27612

ribena · Post by **ribena** » Fri Jul 17, 2009 9:45 pm

yes i have read the topic before posting.

but i dont think it answer the questions ie: does the residence card 'overrule' to nationality? perhaps i missed it after going thru 11 pages

I can travel alone just with my passport (no Schengen Visa needed) if I don't have the residence card. and now that I had one, suddenly I am taking a risk travelling to France without my husband. Then I am worst off with the residence card coz it is restricting my right to travel as a non-visa national and as a spouse of EU citizen.

86ti · Post by **86ti** » Sat Jul 18, 2009 8:48 am

ribena wrote:but i dont think it answer the questions ie: does the residence card 'overrule' to nationality?

No. It's the other way around. More favourite legislation 'overrules' the Directive which means that on entering Schengen territory you should be assessed solely on the basis of your nationality as this is more favourable to you.

ribena · Post by **ribena** » Sat Jul 18, 2009 10:20 am

Hi 86ti,
Thanks for the advice.

Hopefully the immigration at France wont be giving a hard time. Like another member here, I will ask the French immigration officer if I can travel to France on my Residence Permit and without my husband.

sebhoff · Post by **sebhoff** » Sat Jul 18, 2009 2:39 pm

ribena wrote:Hi 86ti,
Hopefully the immigration at France wont be giving a hard time. Like another member here, I will ask the French immigration officer if I can travel to France on my Residence Permit and without my husband.

Why alert them to a potential issue? As a Malaysian citizen, you don't need a visa for France and the IO may not even notice your residence card. But even if, you will be fine.

rogerex · Post by **rogerex** » Sat Jul 18, 2009 3:08 pm

Hi I'm going to Slovakia at the beginning of August and I have a Schengen visa from the Slovak Embassy. It shows from 07-08-09 until 05-09-09 if this is the case it will cover me for my trip to Amsterdam as it's the 28th of August for 2 days.

but my confussion begging because int he visa it says number of entries 1 and duration of stay 15 days.

This 1 entry mean sI can entry only once to Slovakia and any other country and I need to apply for another visa to go Amsterdam? Or I can use this visa?

This is very vey confusing

Wanderer · Post by **Wanderer** » Sat Jul 18, 2009 3:09 pm

rogerex wrote:Hi I'm going to Slovakia at the beginning of August and I have a Schengen visa from the Slovak Embassy. It shows from 07-08-09 until 05-09-09 if this is the case it will cover me for my trip to Amsterdam as it's the 28th of August for 2 days.

but my confussion begging because int he visa it says number of entries 1 and duration of stay 15 days.

This 1 entry mean sI can entry only once to Slovakia and any other country and I need to apply for another visa to go Amsterdam? Or I can use this visa?

This is very vey confusing

U can only enter the Schengen zone once with this visa - UK-Slovakia-Amsterdam-UK is ok but UK-Slovakia-UK-Amsterdam-UK isn't.

rogerex · Post by **rogerex** » Sat Jul 18, 2009 3:15 pm

So I would need tom apply for another Schengen visa :S and pay again...
Great....

Wanderer · Post by **Wanderer** » Sat Jul 18, 2009 3:27 pm

rogerex wrote:So I would need tom apply for another Schengen visa :S and pay again...
Great....

Should be free tho

rogerex · Post by **rogerex** » Sat Jul 18, 2009 3:48 pm

Should it? Thye cherged me Â£80 at the Slovak embassy

Hmm Ill call them

86ti · Post by **86ti** » Sat Jul 18, 2009 4:20 pm

The CCI appears to be quite clear in this case:

Common consular instructions on visas wrote:However, no fees are to be charged for administrative costs for visa applications lodged by nationals of third countries who are members of the family of a Union citizen or of a national of a State party to the EEA Agreement, and who are exercising their right to free movement.

BTW, would you still need a visa if you travelled together with your wife?

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Non EU family member, married to a EU, going to Amsterdam

Non EU family member, married to a EU, going to Amsterdam

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