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Only if he is being accompanied by you; if he travels alone he needs to apply for a visa.semivia22 wrote:I have read up on a freedom of movement rule whereby my husband does not need to apply for visas to travel in EU, and if he does choose to apply then the visa must be issued for free.
Thanks, but what about if he is dependent on us, we send money to him in Nigeria?Lucapooka wrote:Only if he is being accompanied by you; if he travels alone he needs to apply for a visa.semivia22 wrote:I have read up on a freedom of movement rule whereby my husband does not need to apply for visas to travel in EU, and if he does choose to apply then the visa must be issued for free.
1) No
2) He applies at the foreign consulate of the Schengen country he wishes to visit first or spend the most time visiting.
3) No.
Your and your husband's status is not relevant to your Brother-in-laws entry into the Schengen Area as he is not dependant on you, so he will have to apply to enter as an individual.
Do be mindful of the six out of 12 month limit on entry for visitors to the UK. If you are hoping to have your brother-in-law enter the UK for long periods broken-up by short trip to France to re-set his entry, he may find that he is very soon in a situation where is refused entry.
He is not planning on returning to the UK for many months, that's not his plan at all. He needs a shengan visa for different reasons. He has previously been issued many visas to UK and other countries in Europe when he was working. However the last time he applied to go to Europe he was not working and was refused. I thought it may count some how that he lived in our household whilst he was in the UK and we have sent money to him since he left and returned to Nigeria? I also thought i read somewhere something about either travelling with or 'joining' in the Shengan area.Lucapooka wrote:It's not only about his dependency; you would also need to be travelling with him to the Schengen Area. Sending money is not classified as dependency. He would need to be living in your household.
I think you plan is not viable. Even with a Schengen visa he will still have the issues of return to the UK to deal with. If he enters for six months he should really then stay away for a considerable period. If he is not a regular business traveler with ties to his home then the chances of refusal at the port are very high.
Dependency in the orginal country seems covered too. Dependency under EEA regulations means material support to meet essential requirements. The practical problem, however, may be that some member states have not implemented this provision.Article 3, Directive 2004/38/EC wrote:2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;
Thanks, how would I show that he is a dependant? he is 22 years old. We have western union receipts and can show he was dependent on us when staying in the UK.86ti wrote:A British citizen would have had to make use of free movement him/herself (typically by moving to another member state) to be covered by the Directive and thus access to EEA family permits. But even if so, I think the extended family member would be expected to have resided with the EEA national and not just be a visitor (if the idea here is use the common household provision mentioned above). I believe the only possible way would be to show that the brother is truly a dependant in the country of origin.
Thanks, those are the two links that I had read, maybe I have misunderstood them coz I thought they meant that we would have some hope of obtaining rights for brother in law to travel to Europe, all so confusing!!xDirective/2004/38/EC wrote:http://eumovement.wordpress.com/2008/04 ... ficiaries/ does a little bit of analysis of possible readings for other family members. It may be worth looking at.