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Do transit visa needed for EU Stamp4 fam going via london

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anusuri
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Do transit visa needed for EU Stamp4 fam going via london

Post by anusuri » Sun Jul 11, 2010 5:55 pm

Hi can any one help me with some information.
I hold Stamp4 EU fam card. Do I need any transit visa to london for 3 to 4 hours stop during my travel period. I will be travelling alone with out my spouse to my country in asia.
will that be any problem if dont have a transit or can I just show My EU stamp4card to the immigration check over there.

Did any one with stamp4 EU fam member travelled before with out there spouse via london.

thanks in advance

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Post by Ben » Mon Jul 12, 2010 3:18 pm

Your Stamp 4 EUFam Residence Card is useless if you are not travelling in conformity with the Directive (either in the company of or join your EU national family member).

Whether or not you need a transit visa depends entirely on your nationality and nothing else, in the circumstances you have described.
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knapps
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Post by knapps » Thu Jul 15, 2010 7:01 pm

No Ben did not understand your question..i m in a similar situation...i go to prague couple of times a year....i have to travel all the time from dublin though i could travel from shanon or cork airport via london and prague...so yes...we need a visa by law to go via london....despite eu fam 4 stamp....that sucks i know

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Post by ca.funke » Thu Jul 15, 2010 7:28 pm

The OP has to determine if he is a "UK-Visa national", or a "Direct Airside Transit Visa" (DATV) national.

Click >>here<< to see a list.

If the OP is "only" a "visa-national" he can probably transit in London WITHOUT visa.

If the OP is a DATV-national, he will need a transit visa.

It depends only on nationality, the 4EUFam-card is worthless when travelling alone.

If the OP would be travelling with the spouse, he would be entitled to transit (and enter) the UK without visa, irrespective of nationality. (>>see here<<)

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Post by vara1 » Mon Jul 19, 2010 12:07 am

ca.funke wrote:The OP has to determine if he is a "UK-Visa national", or a "Direct Airside Transit Visa" (DATV) national.

Click >>here<< to see a list.

If the OP is "only" a "visa-national" he can probably transit in London WITHOUT visa.

If the OP is a DATV-national, he will need a transit visa.

It depends only on nationality, the 4EUFam-card is worthless when travelling alone.

If the OP would be travelling with the spouse, he would be entitled to transit (and enter) the UK without visa, irrespective of nationality. (>>see here<<)


I always travel via paris with stamp 4 eu fam alone with out my spouse to my country. Dublin to paris to India. They just see my Eu card and dont ask any quetions. I dont find any hassle via travellind through paris or amsterdam. I dont need transit through these countries. well stamp 4 eu fam is considered to be residency card aswell. Are you guys sure for changing flight in london the stamp4 eu card is not valid.

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Post by Ben » Mon Jul 19, 2010 8:55 am

vara1 wrote:Are you guys sure for changing flight in london the stamp4 eu card is not valid.
Not valid for visa exemption unless accompanying or joining your EU national family member. Perhaps it was assumed that you were joining yours.
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Post by ca.funke » Mon Jul 19, 2010 10:24 am

vara1 wrote:I always travel via paris with stamp 4 eu fam alone with out my spouse to my country. Dublin to paris to India. They just see my Eu card and dont ask any quetions.
I guess the transit-rules inside the EU are determined by each country for themselves?

Anyway, France sais that following:
consulfrance-washington.org wrote:Do I need an airport transit visa ?see their website

If you hold one of the following documents, you DO NOT NEED an airport transit visa, whatever your nationality:

(...)
  • residency permit in one of the countries of the European Union...
(...)
So yes, you can transit without visa.

For the UK (London), the rules are different:
ukvisas.gov.uk wrote:
  • You are - a national of India
  • Purpose of your visit - Transit
  • Your status - Normally and legally living in Ireland
  • YES - You will normally need a visa to pass through the United Kingdom in transit.
  • see their website
Rgds, Christian
Last edited by ca.funke on Mon Jul 19, 2010 10:33 am, edited 2 times in total.

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Post by vara1 » Mon Jul 19, 2010 10:25 am

Ben wrote:
vara1 wrote:Are you guys sure for changing flight in london the stamp4 eu card is not valid.
Not valid for visa exemption unless accompanying or joining your EU national family member. Perhaps it was assumed that you were joining yours.
It is not perhaps assumed that i am joining family member. I showed them ticket and they saw my destination country. they did not asked for any transit. you might be wrong ben. I agree with you if i am going to visit uk alone and the stamp 4 eu fam card is useless. But for changing the flight in the airport stamp4 eu fam card be ok because my friends travelled with that stamp 4 eu fam card via london alone no one questioned them or created any hassle. they dont have any uk visa. Better update yourself ben

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Post by Ben » Mon Jul 19, 2010 10:29 am

vara1 wrote:
Ben wrote:
vara1 wrote:Are you guys sure for changing flight in london the stamp4 eu card is not valid.
Not valid for visa exemption unless accompanying or joining your EU national family member. Perhaps it was assumed that you were joining yours.
It is not perhaps assumed that i am joining family member. I showed them ticket and they saw my destination country. they did not asked for any transit. you might be wrong ben. I agree with you if i am going to visit uk alone and the stamp 4 eu fam card is useless. But for changing the flight in the airport stamp4 eu fam card be ok because my friends travelled with that stamp 4 eu fam card via london alone no one questioned them or created any hassle. they dont have any uk visa. Better update yourself ben
In that case vara1, you must be right.
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Post by Ben » Mon Jul 19, 2010 10:34 am

ca.funke wrote:
vara1 wrote:I always travel via paris with stamp 4 eu fam alone with out my spouse to my country. Dublin to paris to India. They just see my Eu card and dont ask any quetions.
I guess the transit-rules inside the EU are determined by each country for themselves?

Anyway, France sais that following:
consulfrance-washington.org wrote:Do I need an airport transit visa ?

If you hold one of the following documents, you DO NOT NEED an airport transit visa, whatever your nationality:

(...)
  • residency permit in one of the countries of the European Union...
(...)
Indeed, a Member State is free to apply visa exemption to the holder of a Residence Card who is not travelling in conformity with Directive 2004/38/EC, if the Member State so wishes.

Importantly however, Directive 2004/38/EC does not require them to.
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Post by ca.funke » Mon Jul 19, 2010 10:36 am

vara1 wrote:But for changing the flight in the airport stamp4 eu fam card be ok because my friends travelled with that stamp 4 eu fam card via london alone no one questioned them or created any hassle. they dont have any uk visa. Better update yourself ben
Maybe they were just lucky... http://www.ukvisas.gov.uk/en/ukvqr?redi ... on=Ireland

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Post by ca.funke » Mon Jul 19, 2010 10:44 am

Ben wrote:Importantly however, Directive 2004/38/EC does not require them to.
Hi Ben,

obviously this can´t be stressed enough: There is no EU-based legal ground for visa-free transit.

Knowing both of us, we´d cite the relevant paragraph of 2004/38/EC, if there were one.

Regards from Switzerland,
Christian :)

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Post by Ben » Mon Jul 19, 2010 10:52 am

Quite right!
ca.funke wrote:Regards from Switzerland,
Christian :)
;)

Regards from Waterford. Rainy, windy Waterford.
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transit visa

Post by daddy » Mon Jul 19, 2010 1:27 pm

From the reply and link for uk visa that Ck funke gave to this post, I found out that holder of resident card issued by any eu member state would transit via uk without a transit visa, pls read below remarking the park that I wrote in capital letter, I dont mean to shout pls.


Passengers exempt from the DATV requirement

Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;

A VALID COMMON FORMAT RESIDENCE PERMIT ISSUED BY AN EEA STATE PURSUANT TO COUNCIL REGULATION (EC) No. 1030/2002;

a diplomatic or service passport issued by the People’s Republic of China; or
a diplomatic or official passport issued by India; or
a diplomatic or official passport issued by Vietnam.
s.

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Re: transit visa

Post by Ben » Mon Jul 19, 2010 1:37 pm

daddy wrote:From the reply and link for uk visa that Ck funke gave to this post, I found out that holder of resident card issued by any eu member state would transit via uk without a transit visa, pls read below remarking the park that I wrote in capital letter, I dont mean to shout pls.


Passengers exempt from the DATV requirement

Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;

A VALID COMMON FORMAT RESIDENCE PERMIT ISSUED BY AN EEA STATE PURSUANT TO COUNCIL REGULATION (EC) No. 1030/2002;

a diplomatic or service passport issued by the People’s Republic of China; or
a diplomatic or official passport issued by India; or
a diplomatic or official passport issued by Vietnam.
s.
A valid common format residence permit issued by an EEA state pursuant to council regulation (EC) No. 1030/2002 is not a "Residence card of a family member of a Union citizen", which is what Stamp 4 EUFam is.
Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals wrote:This Regulation does not apply to the following third-country nationals:

* the family members of EU citizens who exercise their right to free movement;
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Re: transit visa

Post by vara1 » Mon Jul 19, 2010 7:35 pm

Ben wrote:
daddy wrote:From the reply and link for uk visa that Ck funke gave to this post, I found out that holder of resident card issued by any eu member state would transit via uk without a transit visa, pls read below remarking the park that I wrote in capital letter, I dont mean to shout pls.


Passengers exempt from the DATV requirement

Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;

A VALID COMMON FORMAT RESIDENCE PERMIT ISSUED BY AN EEA STATE PURSUANT TO COUNCIL REGULATION (EC) No. 1030/2002;

a diplomatic or service passport issued by the People’s Republic of China; or
a diplomatic or official passport issued by India; or
a diplomatic or official passport issued by Vietnam.
s.
A valid common format residence permit issued by an EEA state pursuant to council regulation (EC) No. 1030/2002 is not a "Residence card of a family member of a Union citizen", which is what Stamp 4 EUFam is.
Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals wrote:This Regulation does not apply to the following third-country nationals:

* the family members of EU citizens who exercise their right to free movement;
Ben in the above link which you have pasted no where mention that a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002 is not a stamp4 eufam.

In the summary they mentioned that in order to prevent from fraudalent and illegal immigration this council regulation act 1030/2002 has being brought and enforced by taking the photo and finger prints.

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Re: transit visa

Post by Ben » Mon Jul 19, 2010 8:16 pm

vara1 wrote:Ben in the above link which you have pasted no where mention that a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002 is not a stamp4 eufam.
You mean apart from that which you have quoted?
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Re: transit visa

Post by vara1 » Mon Jul 19, 2010 8:36 pm

Ben wrote:
vara1 wrote:Ben in the above link which you have pasted no where mention that a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002 is not a stamp4 eufam.
You mean apart from that which you have quoted?
yeah

this link.

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.

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Post by vara1 » Mon Jul 19, 2010 8:42 pm

Well in order to remove the confusion I kept an email in www.europa.eu about this transit issue. Probably they should give clear information. they kept an automated message stating that they should get back to me 3 working days.

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Re: transit visa

Post by Ben » Mon Jul 19, 2010 9:34 pm

vara1 wrote:
Ben wrote:
vara1 wrote:Ben in the above link which you have pasted no where mention that a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002 is not a stamp4 eufam.
You mean apart from that which you have quoted?
yeah

this link.

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.
Question for you. What is Stamp 4 EUFam?
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Re: transit visa

Post by vara1 » Mon Jul 19, 2010 11:58 pm

Ben wrote:
vara1 wrote:
Ben wrote:
vara1 wrote:Ben in the above link which you have pasted no where mention that a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002 is not a stamp4 eufam.
You mean apart from that which you have quoted?
yeah

this link.

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.
Question for you. What is Stamp 4 EUFam?
I just wonder whether you are asking me knowingly or unknowingly.
well still answering your question
It is the visa type given to the non EU countries members who are married to any EU national.

Hope it is clear.

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Re: transit visa

Post by Ben » Tue Jul 20, 2010 12:06 am

vara1 wrote:
Ben wrote:
vara1 wrote:
Ben wrote:
You mean apart from that which you have quoted?
yeah

this link.

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.
Question for you. What is Stamp 4 EUFam?
I just wonder whether you are asking me knowingly or unknowingly.
well still answering your question
It is the visa type given to the non EU countries members who are married to any EU national.

Hope it is clear.
No. Stamp 4 EUFam is not a "visa type" of any description, nor is it's issuance dependant on the marital status of the applicant. It is the "Residence card of a family member of a Union citizen" described in § 10 of Directive 2004/38/EC and issued to a non-EEA national family member of an EEA national who has the right of residence in Ireland in accordance with the Directive.

It is also not a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002.
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Post by ca.funke » Wed Jul 21, 2010 6:31 pm

vara1 wrote:Well in order to remove the confusion I kept an email in www.europa.eu about this transit issue. Probably they should give clear information. they kept an automated message stating that they should get back to me 3 working days.
Hi vara1,

I assure you, from long-time involvement into this issue, that any email you may get from any official EU-institution will be less informative, reliable or correct than any information you will receive from Ben.

Ben knows the rules 100% inside-out, forwards, backwards, whatever you may want.

From the EU you will get unclear slipslop that won´t help you, and definitely it´s not reliable.

As an example, may I refer to >>this<< thread, where you can see that the same question is answered differently by different officials in the same position. (One and the same question sent to all EU embassies in Dublin)

But now that you´re already doing this - which email did you send to whom exactly (please copy&paste), and please post the answer should you get one. Always good for a laugh to see what the folks in Brussels have to say...

Regards from Switzerland,
Christian

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