family member of UK citizen - shengan visa

[semivia22]

Hi, I am a British citizen, my husband is Nigerian and has ILR in the UK.
My husbands brother has a 5 year visiting visa in the UK, and has recently returned to Nigeria after spending almost 6 months living with us in the UK.
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. I also read something about how this rule applies to 'other family members'.
1) Does anyone know if my brother in law would qualify for this?
2) how we would be best to go about wither getting him a shengan visiting visa or whether the law means he wouldnt even need to apply?
3) would we all need to travel together from the UK?

Thanks in advance!
Semivia22 x

[Lucapooka]

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.

Only if he is being accompanied by you; if he travels alone he needs to apply for a visa.

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.

[semivia22]

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.

Only if he is being accompanied by you; if he travels alone he needs to apply for a visa.

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.

Thanks, but what about if he is dependent on us, we send money to him in Nigeria?
Thanks for advice about UK, that's why I wondered if he could meet us in Europe rather than reentering the UK.
We really need to find a way for my brother in law to be granted a shengan visiting visa, but he is not a student or working so very difficult under normal rules. Would we be covered in any way by the 2004/38 directive? any way at all please????!!!!

[Lucapooka]

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.

[semivia22]

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.

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.

[86ti]

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;

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.

[semivia22]

Unless he would be able to apply for the EU family permit to be able to come back to UK and work under this 2004/38 rule?
Whenever he has visited us in UK over the last few years he has stayed with us, and has bank statements to show this with the same address as us.
Any advice would be greatly appreciated!!! He needs either a shengan visa or a permit to work in the UK, so any route available please let me know.
Big thanks x

[86ti]

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.

[semivia22]

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, 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.

[Directive/2004/38/EC]

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.

[semivia22]

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.

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!!x

[Directive/2004/38/EC]

It is very specific kinds of family members that have free movement rights. So it is important to read carefully and think whether it applies to your situation.

[venusz79]

Hi everyone! im new in here, but i hope someone can help me. i need to clarify an information that i found on EEA FP website.

Well, im EEA national (Slovakia) my husband is Turkish (non EEA). we got married this year in July in Turkey. Our marridge certificate has been appostolised, so it is accepted in 7 countries. My husband is still in Turkey. Im living and working in UK 7years now. We are going back to my country to visit my family in October.

The question is: CAN MY HUSBAND TRAVEL WITH ME FROM SVK TO UK?

as i said, i saw on EEA FP website, that if an EEA citizen exercising her/his treaty rights in UK, that a none EEA citizen can travel with her/him and can enter UK without EEA FP application, however he will have to apply within one month for the EEA FC once he will be in UK.

Is this right? we really need to know. I will take my work contract, payslip, bill and also i have managed to find a flat for us, so i have our tenancy agreement as well.

Please can someone tell me is this is true? apparently if i would be British, he will not be able to do this. but as im EEA citizen I can accompanied him when he is travelling.

we tried UK embassy to get information, and the website as well, but they are useless...

I would appreciate your help as we are traveling to SVK on th 19th. He is coming from Turkey and i will be flying from London.

[Directive/2004/38/EC]

venusz79,

Please do not post in a number of different ongoing threads. Best to create a new thread with your question!