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Tourist visa for PR holder travelling with EEA partner??

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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MissS
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Tourist visa for PR holder travelling with EEA partner??

Post by MissS » Wed Jun 05, 2013 4:33 pm

Hello all,
Can someone please clarify something for me? I have searched the board and found similar cases, but none quite like mine.
I am non-EEA, holder of a permanent residence card, and am an unmarried partner to an EEA national. We wish to travel to France, and even though I thought that I should not need a visa to travel to France, having read the embassy website, I had resigned myself to the fact that I would need to apply for a visa as my PR does not have those exact words ‘ family member of an EEA national’. I went on the TLS website (who are responsible for French visa applications) and found out from the application form, and also after an enquiry sent to them, that I cannot apply as a family member of an EEA national as I am not married to the EEA national, and therefore need to apply independently as a tourist, thus losing such advantages as accelerated processing time, non-payment of visa fees, and also that I will need to provide proof of funds, get insurance etc. Anyone had similar experience? It seems a bit strange considering the reason I obtained the PR was because I was deemed a family member under Article 3 2(b), does this not matter outside the UK? Do the French not recognise unmarried partners? Any input would be helpful, thank you.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Jun 05, 2013 9:17 pm

i've moved this to the Europe section.

EUsmileWEallsmile
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Re: Tourist visa for PR holder travelling with EEA partner??

Post by EUsmileWEallsmile » Wed Jun 05, 2013 9:25 pm

MissS wrote:Hello all,
Can someone please clarify something for me? I have searched the board and found similar cases, but none quite like mine.
I am non-EEA, holder of a permanent residence card, and am an unmarried partner to an EEA national. We wish to travel to France, and even though I thought that I should not need a visa to travel to France, having read the embassy website, I had resigned myself to the fact that I would need to apply for a visa as my PR does not have those exact words ‘ family member of an EEA national’. I went on the TLS website (who are responsible for French visa applications) and found out from the application form, and also after an enquiry sent to them, that I cannot apply as a family member of an EEA national as I am not married to the EEA national, and therefore need to apply independently as a tourist, thus losing such advantages as accelerated processing time, non-payment of visa fees, and also that I will need to provide proof of funds, get insurance etc. Anyone had similar experience? It seems a bit strange considering the reason I obtained the PR was because I was deemed a family member under Article 3 2(b), does this not matter outside the UK? Do the French not recognise unmarried partners? Any input would be helpful, thank you.
The French do recognise durable partners.

Your PR card is an article 20 residence card and ought to be accepted just like your old article 10 card. You may find that airlines are unfamiliar with this.

If you looked at the German website, it gives a much clearer steer on what documentation would be acceptable.

MissS
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Re: Tourist visa for PR holder travelling with EEA partner??

Post by MissS » Thu Jun 06, 2013 1:59 pm

EUsmileWEallsmile wrote:
MissS wrote:Hello all,
Can someone please clarify something for me? I have searched the board and found similar cases, but none quite like mine.
I am non-EEA, holder of a permanent residence card, and am an unmarried partner to an EEA national. We wish to travel to France, and even though I thought that I should not need a visa to travel to France, having read the embassy website, I had resigned myself to the fact that I would need to apply for a visa as my PR does not have those exact words ‘ family member of an EEA national’. I went on the TLS website (who are responsible for French visa applications) and found out from the application form, and also after an enquiry sent to them, that I cannot apply as a family member of an EEA national as I am not married to the EEA national, and therefore need to apply independently as a tourist, thus losing such advantages as accelerated processing time, non-payment of visa fees, and also that I will need to provide proof of funds, get insurance etc. Anyone had similar experience? It seems a bit strange considering the reason I obtained the PR was because I was deemed a family member under Article 3 2(b), does this not matter outside the UK? Do the French not recognise unmarried partners? Any input would be helpful, thank you.
The French do recognise durable partners.

Your PR card is an article 20 residence card and ought to be accepted just like your old article 10 card. You may find that airlines are unfamiliar with this.

If you looked at the German website, it gives a much clearer steer on what documentation would be acceptable.


Thank you for your response. I know they ought to accept the article 20 residence card, but going by what they say on their website, and having read stories on here about people being detained/deported, I thought it safer to just get the visa. Here is the response from TLScontact:
Dear Applicant

Please be advised if your 'family member of EEA national' card was still valid you can only enter France if you can prove your relationship by providing a copy of a valid marriage certificate at the boarder when you arrive in France.
As the holder of a permanent residence card (ILR) you will need to apply for a Schengen Visa to enter France.
As you are not married you need to apply independently as a Tourist. You can only apply a a Spouse of EU if you can provide a valid mariage certificate for the application process.

Kind Regards
TLScontact Team


Now I am sure this is not correct (don't even know why they mention ILR), but what can I do in order not to apply for a tourist visa? Do you think applying directly to the French Embassy might help? thank you.
P.S. I have looked at the German website. While they do mention 'permanent residence card', I read this to mean RC and PR are acceptable only if you are a partner (married or civil partnership) or child to the EEA national?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Jun 06, 2013 8:52 pm

Direct family members have an easier time demonstrating entitlement.

That said, in principle you should be able to use your PR card for travel.

France does recognise other family members.

MissS
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Post by MissS » Thu Jun 06, 2013 9:55 pm

EUsmileWEallsmile wrote:Direct family members have an easier time demonstrating entitlement.

That said, in principle you should be able to use your PR card for travel.

France does recognise other family members.

Yes but they have explicitly stated that the residence card should have the words 'family member of an EEA national'. I really do not want to risk it which is why I would rather apply for the visa. But now they are talking about if I don't have a marriage certificate then I need to apply for the normal tourist visa. I just would rather not pay visa fees, get insurance, show proof of funds etc. I have now sent an email directly to the French embassy in London with my query, also mentioning this: http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF which confirms durable partners should be (more or less) awarded same rights as direct family members. So, will wait and see....and report back. I'm due to travel end of August anyway so I still have time. Thanks for your reply.

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Post by EUsmileWEallsmile » Fri Jun 07, 2013 10:21 pm

A little bit of history...

Directive 2004/38/ec explicitly states that article 10 residence cards can be used in lieu of visa. It also specifies that such cards are to be entitled 'residence card of a family member of a union citizen".

The UK failed to entitle the card as specified. Consulates in an attempt to clarify matters for the user and to differentiate between national immigration rules and EU law have advised UK holders that they need to hold card of "an EEA national".

Directive 2004, etc does not explicitly state that such cards can be used in lieu of visa, but given that they are inherently superior to an article 10 residence card, the only realistic interpretation is that they can also be used in the same fashion as article 10 cards.

The directive fails to provide a specified title and implicitly allows member states freedom to decide how to entitle it. The UK decided to simply call it permanent residence card.

Embassies have not caught up...

Does it help you? Maybe not, but it is important that you don't take generic website advice as being completely correct.

MissS
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Post by MissS » Mon Jun 10, 2013 12:51 pm

EUsmileWEallsmile wrote:A little bit of history...

Directive 2004/38/ec explicitly states that article 10 residence cards can be used in lieu of visa. It also specifies that such cards are to be entitled 'residence card of a family member of a union citizen".

The UK failed to entitle the card as specified. Consulates in an attempt to clarify matters for the user and to differentiate between national immigration rules and EU law have advised UK holders that they need to hold card of "an EEA national".

Directive 2004, etc does not explicitly state that such cards can be used in lieu of visa, but given that they are inherently superior to an article 10 residence card, the only realistic interpretation is that they can also be used in the same fashion as article 10 cards.

The directive fails to provide a specified title and implicitly allows member states freedom to decide how to entitle it. The UK decided to simply call it permanent residence card.

Embassies have not caught up...

Does it help you? Maybe not, but it is important that you don't take generic website advice as being completely correct.

Thanks EuSmile, yes it helps. However, I still hesitate about showing up at the airport/France with just my PR card, mainly due to horror stories I've read on here! And as you say, embassies have still not caught up. I think what I will do is apply directly to the French Consulate, and apply as 'family member'. I have read and (I think) understood the Directive, so I'll take that chance. Seems pointless to apply through TLSContact when they've already told me I can only apply for a tourist visa.. Thank you again for the information.

MissS
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Post by MissS » Sat Jun 15, 2013 12:02 am

Hi EuSmile (or anyone else), can you please point me to where the French 'recognise durable relationships'? Because as far as my interactions go, they don't!

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Post by EUsmileWEallsmile » Sat Jun 15, 2013 9:33 pm

The directive 2004/38/ec mandates them to.

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