Schengen visa required for Non -EEA spouse?

[PAVA10]

I am an Irish national. My wife is Peruvian. We both live and work in the UK and my wife holds a residence card.

Whilst I understand my wife does not require a Schengen visa if I accompany her on a trip to France could anybody comment on whether practically face any difficulties with the port authorities in Dover (we plan to take the ferry)?

Thanks

[Prawo]

This depents what kind of residence card she has.

Only the one issued on the basis of article 10 of Directive 2004/38/EC frees her from any visa obligation and only when travelling together with you or joining you later.

Article 10

Issue of residence cards

1. The right of residence of family members of a Union citizen
who are not nationals of a Member State shall be evidenced
by the issuing of a document called "Residence card of a family member of a Union citizen" ...

[PAVA10]

Thanks. My wife's card (included as a page in her passport) does state "residence card of a fmily member of an EEA national". Whilst this does mean we do not need a VISA as we are travelling together I am concerned that:-

Immagration control at Dover or Boulogne are not aware of this rule and do not accept us?

What evidence is requitred to prove that we are married/? (an official translation of our peruvian marriage certificate)?

thanks,

[Prawo]

They should be aware of this.

You can always take the Directive in English or French as well as the Guidelines of the Commission as well in English and French. The end of paragraph 2.2.1 is the information you need.

Residence cards issued under Article 10 of the Directive to a family member of an EU citizen
residing in the host Member State, including those issued by other Member States, exempt their holders from the visa requirement when they travel together with the EU citizen or join him/her in the host Member State.

Should you still be afraid, do come to The Netherlands first where I can give legal help to get you both in.


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