Traveling to France/Germany with RC or Visa - Directive 2004

[YoYohoney]

How about if my husband is having treaty rights and he is from france and I came uk on student visa but my visa is fininshed last week. I dont want to apply EEA2 and want to move to france with him without visa.

Because my student visa is going to expire in next week and french embassy wont issue me a visit visa so How to use my right to enter france with my husband.

Please advise

Because I dont wanna apply EEA2 Again as They refused last time on Self Employed but my husband is employed and I dont want to wait again for 6 months or more.

I want to move to france with him start living there with the family. So How to enter france without RC or Visit Visa with or without EEA National?

I think By Car or ship would be easir as compared to Airlines. How exactly I can cover my self with law?


" C-459/99 (MRAX vs Kingdom of Belgium)

The operative part of the ECJ decision C-459/99 (MRAX vs Kingdom of Belgium) (summary PDF of MRAX decision, full text of MRAX decision) reads:

1. On a proper construction of Article 3 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Article 3 of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services and Council Regulation (EC) No 2317/95 of 25 September 1995 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148. "

[YoYohoney]

I am NON EEA family member of EEA national

[EUsmileWEallsmile]

If you are the family member of an EU citizen, you have the right to apply for a visa in any EU country (other than that country of which your family member is a national) under the terms of directive 2004/38/ec.

You can as you've pointed out, enter under article 5.4 without a visa if you can demonstrate entitlement. You may struggle to get to a border to take advantage of that.

The reasons you quote for EEA2 refusal don't appear to be justified if you provided evidence that your husband is employed.

Lastly, please post only in one place. Thanks.