Your advice needed

[karwan1]

Dear all,

I wonder if you could help me with this personal query, I am a british citizen, my wife is a Non-European citizen, she is living with me here in the UK based on spouse-visa. Now we both want to visit my brother-in-law, who is a danish citizen, and he is happy to provide accommodation and the reset of it, including an invitation letter. My question is, as a wife of a british citizen, who is going to travel with her husband (myself), does my wife need a Schengen Visa, checking the danish embassy's website is not very clear, I have to say I have not called them yet, thanks in advance.

[pennylessinindia]

you may find more help on EEA section .
In principle if you both travel together and show proof you are married You are free to travel in the EEA . If you look at the EEA section you will how this works for real !
there is also nothing to stop your spouse applying for free schengen visa to be on the safe side .

[ca.funke]

...I am a british citizen, my wife is a Non-European citizen, she is living with me here in the UK based on spouse-visa...does my wife need a Schengen Visa...

Your question should be answered under Part 1) >>here<<.

Furthermore I recommend changing the title of your thread according to >>this<<.

Any questions, just ask.

Regards,
Christian

[karwan1]

Thank you guys for these information.

[Jambo]

...I am a british citizen, my wife is a Non-European citizen, she is living with me here in the UK based on spouse-visa...does my wife need a Schengen Visa...

Your question should be answered under Part 1) >>here<<.

Furthermore I recommend changing the title of your thread according to >>this<<.

Any questions, just ask.

Regards,
Christian

As his wife is holding visa under the UK immigration rules and not a EEA family member residence document, then it would be Part 2 in the guide that is relevant and not part 1.

[ca.funke]

As his wife is holding visa under the UK immigration rules and not a EEA family member residence document, then it would be Part 2 in the guide that is relevant and not part 1.

It would indeed be Part 2.

I just read "spouse-visa" and assumed "EEA". Thanks for correcting me!

BTW: Does anyone have an idea how to rename "Part 1" and "Part 2"? Sounds unbelievably bureaucratic, just as if "I" had turned into one of "them"...

[Jambo]

How about:

1 => "EEA family member RC holder"

2 => "Other cases"

[eldane]

Dear all,

I wonder if you could help me with this personal query, I am a british citizen, my wife is a Non-European citizen, she is living with me here in the UK based on spouse-visa. Now we both want to visit my brother-in-law, who is a danish citizen, and he is happy to provide accommodation and the reset of it, including an invitation letter. My question is, as a wife of a british citizen, who is going to travel with her husband (myself), does my wife need a Schengen Visa, checking the danish embassy's website is not very clear, I have to say I have not called them yet, thanks in advance.

I think the Danish embassy's web site is VERY clear.

http://storbritannien.um.dk/en/travel-a ... nationals/

Holders of Residence Permit on the basis of being married to/partner of a UK national travelling with spouse/partner: visa required (free of charge).
Documentation required: Proof of family relationship with UK national (Original Marriage or Birth Certificate and passport of UK national (photocopies not accepted), family members other than spouse and children: proof of dependency on UK national or his/her spouse/partner.

[ca.funke]

I think the Danish embassy's web site is VERY clear.

Holders of Residence Permit on the basis of being married to/partner of a UK national travelling with spouse/partner: visa required (free of charge).
Documentation required: Proof of family relationship with UK national (Original Marriage or Birth Certificate and passport of UK national (photocopies not accepted), family members other than spouse and children: proof of dependency on UK national or his/her spouse/partner.

• • I agree they are clear, but I think they are wrong:
    
    >>Article 5, Section 4 of 2004/38/EC<< reads as follows:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

• • In short:
    Family members cannot be required to apply for a visa...
    ...however, for the sake of relaxed travelling, it may be prudent to get a visa anyway.
    
    See also >>here<< (start reading at the 2nd underlined heading, "EEA family member without Residence Card (Part 2)"