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In as much as I know that there might sometimes be delays or problems at the border due to some sleeping un-updated officers, I tried to convince the embassies on phone that I will be glad if they could issue me the visa just to avoid any border problems.Obie wrote:You have done a great job compiling this, but sometime for a variety of reasons, we might not be able to provide documentary evidence of our statements. Even if there are documentary evidence, there is no guarantee that things are done according to the instructions stipulated.
For example, if i one knows a friend or relatives who traveled to these countries without a visa or they traveled with a resident card under 2004/38EC and were granted entry, you will not be able to prove that with document.
People can either choose to believe it or not. There is no onus on the contributor to provide evidence on something they are confident about, or have seen someone succeeded in doing.
So she does not have a Residence Card yet?giruzz wrote:My gf as an EEA Famili Member Permit issued by the Home Office in the UK.
We just travelled to Prague (CZ) and we got in without a visa (we are not married!).
Residency Card? Is that new? She has an EEA Family Member Permit issued by the home office. It is a label on her passport.Directive/2004/38/EC wrote:So she does not have a Residence Card yet?giruzz wrote:My gf as an EEA Famili Member Permit issued by the Home Office in the UK.
We just travelled to Prague (CZ) and we got in without a visa (we are not married!).
What problems did you get at Heathrow checkin, from whom, and how did you resolve them?
No. He will need a visa.vivmen wrote:I am British and my husband is Indian. He has leave to remain in the UK...
Could someone please clarify whether he can travel with us without having to obtain a visa?
No it doesnt, because you are not exercising treaty rights( you are British and live in the UK, To benefit you must have worked in different European country from your's) and your Husband's resident card must imply that he is a family member of an EEA national.vivmen wrote:This is a quote from the Spanish visa service - VFS Global's website:
"IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEE National in possession of a valid UK Residence Permit are not required of a visa to enter Spain . Please note that the UK Residence Permit must state that the holder is a family member of an EU/EEE National, if not, a visa is required under the following conditions......."
Does this not apply to my husband? I have emailed the Spanish consulate but am waiting for a reply. I can't get through to anyone on the phone.
Unfortunately, not. The Spaniards are wrong in calling it a 'residence permit' while it is clearly a residence card but they at least clearly describe what must be stated on it. Here how the sticker is supposed to look like:vivmen wrote:Does this not apply to my husband?
I think you can benefit from 2004/38/EC regardless, but it's a bit more complicated.vivmen wrote:I am British and my husband is Indian...
Could someone please clarify whether he can travel with us without having to obtain a visa? Thanks.
But by going to Spain treaty rights will be exercised and not all EEA countries discriminate between EEA citizens who live in their home state or in a host one. Spain itself extends the application of Directive 2004/38 to its own citizens, even if they haver never left Spain. It only seems fair to some countries that their own citizens should be treated the same or better than other EEA ones. Italy is another and it seems Romania is too.No it doesnt, because you are not exercising treaty rights( you are British and live in the UK, To benefit you must have worked in different European country from your's) and your Husband's resident card must imply that he is a family member of an EEA national.
Indeed, the principle of freedom of movement of EU citizens and their family should extend to all EU citizens.Spain itself extends the application of Directive 2004/38 to its own citizens, even if they haver never left Spain. It only seems fair to some countries that their own citizens should be treated the same or better than other EEA ones. Italy is another and it seems Romania is too.
Reply From the Italian Embassy Ambassador. I agree with his response.This Embassy fails to understand the exact reasons why the INIS issues all other EU national's non EU family members with Stamp 4EuFam GNIB cards but fails to issue its own Irish non EU family members with the same Stamp 4EuFam cards. This would facilitate them with the exemption of all visas to visit Italy or the Schengen area, if the above 3 conditions were met. But as things stand now all non Eu spouses of Irish citizens need visas to visit the rest of the schengen area every time they travel to Italy
Best regards
Mario MARINI
Visa Officer
Italian embassy
Dublin
I think I did in the post before yours. The real reason is, however, that many member states do not want to give the same rights to their own citizens.acme4242 wrote:The Irish and UK governments can issue EU permits to their own family members, if the wished. There is nothing stopping them.
If there is, can you please inform me.
Yes, of course they can as long as only national matters are concerned. Visa free travel (and that's what this thread is all about), however, automatically affects another member state, i.e. there is a European dimension to it. I do not believe that residence cards can be legally issued to citizens who do not make use of their treaty rights simply because a residence card is a confirmation of exercising these rights.Richard66 wrote:But no law in the world can stop a country, if it wishes to, to apply the directive to its own citizens.
This reminds me of the Irish pre-Metock logic, that you86ti wrote: Visa free travel , however, automatically affects another member state, i.e. there is a European dimension to it. I do not believe that residence cards can be legally issued to citizens who do not make use of their treaty rights simply because a residence card is a confirmation of exercising these rights.
I like this guy - he was already handling some emails I was sending in regards of my little survey.acme4242 wrote:After Reading the old e-mail again,
it was not from the Ambassador, but a Embassy Staff member,
anyway, I agree with the chap.
Best regards
Mario MARINI
Visa Officer
Italian embassy
Dublin
I think this is why most of these countries like Belgium, Spain and some others allow and accepts holders of Residence card as a family member issued by Romania to travel visa=free even alone without the EU spouse.acme4242 wrote:Reply From the Italian Embassy Ambassador. I agree with his response.This Embassy fails to understand the exact reasons why the INIS issues all other EU national's non EU family members with Stamp 4EuFam GNIB cards but fails to issue its own Irish non EU family members with the same Stamp 4EuFam cards. This would facilitate them with the exemption of all visas to visit Italy or the Schengen area, if the above 3 conditions were met. But as things stand now all non Eu spouses of Irish citizens need visas to visit the rest of the schengen area every time they travel to Italy
And this is not a EU commission issue, as its a domestic issue.
The Irish and UK governments can issue EU permits to their own family members, if the wished. There is nothing stopping them.
If there is, can you please inform me.
This is already solved in Spain, Belgium, Italy, and Romania
It is not the job of the EU commission to interfere in domestic issues.
It is the job of the national Government to solve this problem., by any means.
And there are many different solutions. ranging from joining Schengen to simply issuing
EU4FAM/EEA cards to their own Irish and UK families.
update: for ca.funke After Reading the old e-mail again,
it was not from the Ambassador, but a Embassy Staff member,
anyway, I agree with the chap.
Best regards
Mario MARINI
Visa Officer
Italian embassy
Dublin