Immigration to European countries, don't post UK or Ireland related topics!
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scrudu
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by scrudu » Fri Apr 20, 2007 1:46 pm
More news from other Embassies:
Finnish Embassy
Finland is not implementing this directive yet so your husband would need a visa at the moment. He will get it for free though. You can find at the Embassy's website
www.finland.fi all necessary information for applying a visa and you can also download the application form from there.
There are plans that Finland would start implementing the directive very soon, but as we have not been informed a definite date and conditions, a visa is still needed.
Belgian Embassy
Thank you for your email. We are aware of this EU Directive but as yet we have not received any specfic instructions as how to implement it. In any case, we would always advise family members of EU citizens to apply for a visa in the Embassy before leaving to avoid any problems as we cannot guarantee that the airlines are aware of this regulation. As the spouse of an EU citizen the application would be free of charge. More information on the visa application process is available on our website
www.diplomatie.be/dublin , most of the requirements would not apply but the most important documents for your husband's application would be a copy of the mariage certificate and a copy of your EU passport. Please also note that for Indonesian nationals we are obliged to refer the application to the Alien's Office in Brussels so the application will take a minimum of 10 working days.
It looks like the Embassies who are implementing the Directive are taking their stance from the following section of Directive/2004/38/EC
Article 10
1) The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called “Residence Card of a family member of a Union citizenâ€
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alan and oscar
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by alan and oscar » Fri Apr 20, 2007 6:30 pm
It is interesting that the Belgians say that they have not yet implemented the Directive but are still prepared to issue it 'free' to family members. Does this suggest that the basis for the free visa predates the Directive and was introduced earlier (by the Schengen agreement itself perhaps?) If so, this might avoid the need to 'travel with your partner to get the free visa' issue which has received a lot of discussion on this board?
Also, re Article 10, yes this seems to be the real bone of contention. Why could it not have been drafted to cover any residence permit held by the family member in that capacity? My (non-EC) civil partner has a residence permit granted under UK Law but he still needs a Schengen visa to enter Schengenland. Unfortunately this is not the only area where there seems to be a difference in treatment between those living in their own country with their partners and those exercising Treaty rights in another EC country with their partners. Whilst it may be that we could convince the authorities at the border to let us enter Schengenland, I am not sure I would want us to travel with that level of uncertainty. And if we were allowed entry, it would be probably be on the basis of giving as a schengen visa at the border or saying 'make sure get a schengen visa next time' rather than an admission that 'you're right' you didn't ever need one'. It don't think there is any law (implementing the Directive) of any member state so far which actually takes the position that a visa is not needed in these circumstances. (Except perhaps Holland which seems to say non-EC civil partners of EC nationals do not need a visa at all, but I would be reluctant to rely on this.)
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ferns1
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by ferns1 » Thu Apr 26, 2007 1:35 pm
I am an Indian student in italy. My Passport along with a Schengen visa was stolen. I have applied for a "permit of stay" in Italy, and will be getting it in a few months (dont know when !!!). I got a new passport made but I have no visa
. I need to visit France next month. What can be done about it ? any clue...
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Dawie
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by Dawie » Thu Apr 26, 2007 2:52 pm
ferns1 wrote:I am an Indian student in italy. My Passport along with a Schengen visa was stolen. I have applied for a "permit of stay" in Italy, and will be getting it in a few months (dont know when !!!). I got a new passport made but I have no visa
. I need to visit France next month. What can be done about it ? any clue...
Well, in theory, you can travel to France from Italy without going through any form of passport control. However the problem you face is that citizens of India require a Schengen visa in order to be legally present in the Schengen countries. Therefore if you attempt to travel to France from Italy and are stopped by police doing a random identity check and are found in possession of a brand new Indian passport with no visa inside of it, you run the risk of being arrested as an illegal immigrant.
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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ferns1
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by ferns1 » Tue May 01, 2007 5:52 pm
Thankyou Very much for the reply.
Now, I have tickets to France (MyAir) this month :(, i had bought them for December'06, then lost my passport, so pospond the tickets to May.
We have tried contacting Indian and French consulate in Italy. but they say they cannot help.
we contacted the Italian cousulate in India. they send an email confirming that I had taken a visa from them, and it is valid for 6 more months and other details.
I have copies of old passport and Visa.
also a Receipt that I have applied for a "Permit of stay" in Italy. (one is allowed to travel to India and back using this Receipt , Passport if his visa has expired).
Is there any hope ?? :)
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mashu
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by mashu » Wed May 09, 2007 6:03 pm
Dear ALL
I HOPE U CAN HELP ME.
I GOT SHENGEN VISA FROM ITALY EMBASSY FOR TURISM PROPOSE.
THERE IS SOME NOTE IN ITALIAN LANGUAGE WHICH I CANNOT UNDERSTAND:
" CONGIUNTI CITT. U.E (ART 59 DPR 200/67) "
ANYBODY CAN TRANSLATE AND EXPLAIN ME PLEASE WHAT DOES IT MEAN??
2) I GOT VISA IS VALID 6 MONTHS BUT DURATION OF STAY IS 90 DAYS,
IT MEANS CAN I GO TWICE (90+90) DURNING THIS 6 MONTHS?
OR ONLY 90 DAYS DURNING 6 MONTH?
I WOULD BE VERY APPRECIATE.
THANK YOU.
Last edited by
mashu on Wed May 09, 2007 7:06 pm, edited 1 time in total.
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virtual-writer
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by virtual-writer » Wed May 09, 2007 7:03 pm
mashu wrote:
" CONGIUNTI CITT. U.E (ART 59 DPR 200/67) "
CONGIUNTI means conjoined, citt. is probably an abbreviation of citizenship (cittadinanza), U.E is EU (Unione Europea). So:
Accompanying an EU citizen?
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mashu
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by mashu » Wed May 09, 2007 7:14 pm
THANK YOU FOR YOUR REPLY I'M VERY APPRECIATE,
IT MEANS I CANNOT VISIT SHENGEN COUNTRY WITHOUT MY WIFE?
WHAT IF I HAVE TO TRAVEL ALONE THEN?
2) I GOT VISA IS VALID 6 MONTHS BUT DURATION OF STAY IS 90 DAYS,
IT MEANS CAN I GO TWICE (90+90) DURNING THIS 6 MONTHS?
OR ONLY 90 DAYS DURNING 6 MONTH?
THANK YOU VERY MUCH
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Dawie
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by Dawie » Thu May 10, 2007 10:17 am
mashu wrote:THANK YOU FOR YOUR REPLY I'M VERY APPRECIATE,
IT MEANS I CANNOT VISIT SHENGEN COUNTRY WITHOUT MY WIFE?
WHAT IF I HAVE TO TRAVEL ALONE THEN?
2) I GOT VISA IS VALID 6 MONTHS BUT DURATION OF STAY IS 90 DAYS,
IT MEANS CAN I GO TWICE (90+90) DURNING THIS 6 MONTHS?
OR ONLY 90 DAYS DURNING 6 MONTH?
THANK YOU VERY MUCH
Is your Caps Lock button stuck? Please refrain from writing in capitals, it's annoying and irritating to everyone who has to read your post.
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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scrudu
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by scrudu » Fri May 11, 2007 10:44 am
same question as mashu. We requested a 6 month multiple entry visa from the Swedish Embassy as we wish to travel to Sweden in May, and France in June. My husband was issued with a visa which says Valid from 15.05.2007->15.11.2007. The Duration is 30 days, and entry type=multiple. Does this mean he can stay for maximum 30 days in Schengenland over the course of the 6 month period?
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Directive/2004/38/EC
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by Directive/2004/38/EC » Sat May 12, 2007 1:44 am
scrudu wrote:same question as mashu. We requested a 6 month multiple entry visa from the Swedish Embassy as we wish to travel to Sweden in May, and France in June. My husband was issued with a visa which says Valid from 15.05.2007->15.11.2007. The Duration is 30 days, and entry type=multiple. Does this mean he can stay for maximum 30 days in Schengenland over the course of the 6 month period?
Yes
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scrudu
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by scrudu » Sat May 12, 2007 10:41 am
sweet, thanks Directive/2004/38/EC
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Docterror
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by Docterror » Sat May 12, 2007 1:17 pm
Directive/2004/38/EC wrote:scrudu wrote:same question as mashu. We requested a 6 month multiple entry visa from the Swedish Embassy as we wish to travel to Sweden in May, and France in June. My husband was issued with a visa which says Valid from 15.05.2007->15.11.2007. The Duration is 30 days, and entry type=multiple. Does this mean he can stay for maximum 30 days in Schengenland over the course of the 6 month period?
Yes
Some questions do arises out of this- Are they allowed to put such time restrictions on the visa issued to family members of Irish nationals?
Also, if they wish to travel in June after the initial trip in May, will they be allowed entry to France if they do not get an exit stamp from Sweden(or where ever they do exit from) to show that they haven't used up the 30 day limit in Sweden in the first place?
Jabi
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Directive/2004/38/EC
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by Directive/2004/38/EC » Sat May 12, 2007 2:52 pm
I would not be worried about this, at all.
Airline will let you on since you have a visa (and they won't be bothered adding everything up).
And if a stamp was missed, it does not mean you overstayed, it just means there is a stamp missing.
And if both the EU and non EU citizen are traveling together and carry their marriage certificate, then they can prove that they qualify under Directive 2004/38/EC and must be let in. (I would also carry a printed copy of Directive 2004/38/EC.)