Immigration to European countries, don't post UK or Ireland related topics!
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oli2201
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by oli2201 » Tue Mar 27, 2007 12:57 pm
Hello! I am trying to apply for Shengen visa in German embassy. My husband is EU (British), I am non-EU. German embassy asked me to pay visa fees even EU law says no fees for EU family members.
As I know I should not pay any fees but may be I missed something?
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Dawie
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by Dawie » Tue Mar 27, 2007 1:14 pm
The Schengen visa for EU spouses is only free if your spouse will be travelling with you. Consequently a condition of that Schengen visa is that your spouse has to travel with you at all times.
If you want to travel on your own or otherwise without your spouse, then you have to pay for and meet the normal requirements for a Schengen visa like everyone else.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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Docterror
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by Docterror » Wed Mar 28, 2007 7:50 am
Have a look at this
flowchart to see how it works.
Jabi
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Dawie
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by Dawie » Wed Mar 28, 2007 9:09 am
Docterror wrote:Have a look at this
flowchart to see how it works.
Although this doesn't apply to Schengen visas.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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Docterror
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by Docterror » Wed Mar 28, 2007 9:49 am
Dawie wrote:Although this doesn't apply to Schengen visas.
Keeping aside that this is for UK instead of Schengen, how is it different?
Jabi
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Dawie
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by Dawie » Wed Mar 28, 2007 9:53 am
A schengen visa is a tourist visa for the Schengen countries and has nothing to do with EU permits.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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Docterror
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by Docterror » Wed Mar 28, 2007 10:26 am
Dawie wrote:A schengen visa is a tourist visa for the Schengen countries and has nothing to do with EU permits.
If it has nothing to do with EU permits, why is it free? Non-EEA family members of British nationals do not theoretically need a visa to enter Schengen territory. Which is why the family members who travel with British/EEA spouse do not have to fufil the requirements of the obtaining a Schengen visa... but rather only have to fufil the requirements for the Family permit... even though the Embassies issue Schengen visas and not the Family permits to such applicants.
Jabi
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John
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by John » Wed Mar 28, 2007 10:32 am
As I know I should not pay any fees but may be I missed something?
Did you provide proof that your husband is British, and that you are married to him? In other words, did you supply his British Passport and also the marriage certificate?
John
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alan and oscar
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by alan and oscar » Wed Mar 28, 2007 8:42 pm
In relation to the discussion between Docterror and Dawie, I would like to ask one question.
My non-EC partner has a UK 2 year residence permit (as my civil partner) but not an EC family permit. Can we apply for one as well in the UK and if so, does than mean we could travel to other schengen states together with him just having the family permit (rather than the need to apply for a visa (since he is a visa national for all EC countries). I thought EC family permits were for family members of EC but non-British people living in the UK but it seems that they would be better off than being a family member of a British national. Seems unfair to me.
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Docterror
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by Docterror » Wed Mar 28, 2007 10:00 pm
I think it would be better if you were to ignore my last post to Dawie as it centres around technical issues and could get you confused.
Your Civil Partner cannot apply for a Residence Card (EC family permit as you know it) in UK if you are a British citizen unless you have worked or exercised your treaty right in some other EEA member state prior to the application.
Also having a UK issued Residence Card does not exempt your visa national civil partner from needing a visa when he visits another EEA member state like France or Poland. A person with a Residence Card will have to apply for it just in the same way your partner has to apply on his Civil Partner Visa using the same documents that your partner has to use.
If you still think that its unfair to be the family member of a British national in UK, heading off to any other EEA state should solve that problem and your family member will be granted the same rights that other EEA family members are given here.
Jabi
