Travel to Schengen, without visa, for EEA-family members

[libelula]

I am a non EU citizen currently doing a PhD in the UK. My husband is French and commutes between France and the UK. My questions are:

- Apparently I cannot apply for a long-term Schengen visa to go to France as I would need to certify that I want the transfer of my UK residence to France and I need to be able to finish my PhD in the UK before I do that. The option left is to apply for a short-term visa so that I can enter France. The option I see is becoming a dependent of my husband in the UK as he could claim he self-sufficiently lives in this country even though he doesn't work or study here (he's finishing his PhD in France). Would that, however, allow me to enter France or would I still not be able to enter the country of my husband without a visa? I would like to go with him to France anytime we want even if just for a few days without the hassle of applying for a tourist visa every time.

Thank you for your advice and suggestions,

What UK documentation do you hold? Are you a visa national?

If you have a UK residence card (family member of EEA national), you might not require a visa if accompanying or joining spouse.

--
TIER 4 GENERAL STUDENT LEAVE TO REMAIN, valid until Feb 2015. No, I do not have a EU family member card as my husband did not live in the UK and we married in August, now he is half in the UK, half in France. Could we apply to change my residence permit? Would that make it any easier? And, I've heard that even if I have such a family permit I would still need to travel accompanied by my husband

[beatboy]

My case is that I am British, my wife is Ecuadorian and we both live in Ecuador. My wife does not have any UK residency.

She is currently applying for a UK tourist visa to visit England in March with me. We also want to travel together to France during this time to visit my father who lives there. Under Schengen law, can we both travel to France together from the UK without my wife needing any additional visas or legal paperwork? I would be able to provide passports, wedding certificate, proof of living together etc.... Many thanks.

[John]

Under Schengen law, can we both travel to France together from the UK without my wife needing any additional visas or legal paperwork?

No, she would need a Schengen visa, and would need to apply for and get that visa before she travels to the UK.

Based upon what you have posted, that she will have a visitor visa, she cannot apply for a Schengen visa in the UK.

[beatboy]

Thanks John, much appreciated

[Dali83]

Hello guys,

I have one query and I hope that some of you will be able to help me through it.

I am a British Citizen and my wife is from a non European country. She has a spousal visa on her passport and it says Visa spouse/CP of XX XX. This is the same for my daughter.

My question is will she need a visa if we are going together through Dover or by train to Paris?

[John]

Dali83, yes they will need Schengen visas in order to enter "Schengenland", including France.

Also given the juxtaposed immigration controls they will not even be allowed by French immigration, based in the UK, to travel to France, unless they have Schengen visas in their passports.

The difference compared to "beatboy" above is that because your wife and step-daughter are already living in the UK (and not just on a visitor visa), they can apply for their Schengen visas in the UK.

[Dali83]

Dali83, yes they will need Schengen visas in order to enter "Schengenland", including France.

Also given the juxtaposed immigration controls they will not even be allowed by French immigration, based in the UK, to travel to France, unless they have Schengen visas in their passports.

The difference compared to "beatboy" above is that because your wife and step-daughter are already living in the UK (and not just on a visitor visa), they can apply for their Schengen visas in the UK.

Thanks so much for the quick reply John.

Then 2004/38/EC does not apply for us? I though that anyone who is European willbe under the same rule!

Also, do I have to apply at the Embassy directly or via an agency? And can I ask for a long visa as I do travel every other month to Paris to see the family? And is it free visa or I have to pay?#

Thanks so much

[John]

Then 2004/38/EC does not apply for us?

The issue is this. Your wife has a visa issued by the UK Government. She does not have a Residence Card or anything issued under EU regulations. Accordingly she is not entitled to travel into "Schengenland" without getting a Schengen visa.

Not your circumstances, but if your were French and living in France with your non-EEA wife, then if a trip was wanted to visit the UK, then a visa or permit would need to be obtained from the British Embassy in France, before making that journey.

But the difference is that because France is a Schengen country, that wife living in France can travel to any other Schengen country without getting further permission.

Also, do I have to apply at the Embassy directly or via an agency? And can I ask for a long visa as I do travel every other month to Paris to see the family? And is it free visa or I have to pay?

Apply how you like, but for France probably no need to contact an agency. Go to the website of the French Consulate in London to get details, including their current procedures. Under EU regulations this should be issued free.

The French may have changed their procedures but years ago before my wife became British, and we needed Schengen visas, on the first occasion they issued a 6-month visa, and thereafter 12-months visas.

[happy321]

Hi

I am new to this and sorry its already posted same query

I am british citizen and my wife is indian citizen having a dependent visa, we are planning to travel to paris for one week. Could any one please let me know do i need to apply visa for her?

thanks in advance

[John]

happy321. asked many many times before, the answer is clearly "yes"!

[Giul]

Hi,
I am Lithuanian and my husband is Pakistani. We live in UK and he holds a Residence Permit of a Family Member of an EEA National. We are planning to go to Italy for one week. As I understand, he doesn't need Schengen visa if we are travelling together. We have already travelled to my home country Lithuania without any problems, everything went smoothly. So I was sure that the same applies to Italy.
In the website of Consulate General of Italy in London it's written that: "Family members of a national of an European Economic Area country who hold a Residence Card issued by the UK authorities, do not need a visa to enter Italy if travelling with/joining the EEA family member in Italy ( EU Directive 2004/38/CE, as implemented by Italian law no. 30 of 6/02/2007)."
( source: http://www.conslondra.esteri.it/Consola ... ers_EU.htm )
But then this page follows after that:
http://www.conslondra.esteri.it/Consola ... tional.htm
It states that he needs to fill visa application form. So now I'm confused
Could someone please tell me exactly what supporting documents will we have to present when entering Italy?

[EUsmileWEallsmile]

No visa required if travelling together. When you've returned from your trip, post your success here.

http://www.immigrationboards.com/europe ... 21856.html

[chaoclive]

Hi,
I am Lithuanian and my husband is Pakistani. We live in UK and he holds a Residence Permit of a Family Member of an EEA National. We are planning to go to Italy for one week. As I understand, he doesn't need Schengen visa if we are travelling together. We have already travelled to my home country Lithuania without any problems, everything went smoothly. So I was sure that the same applies to Italy.
In the website of Consulate General of Italy in London it's written that: "Family members of a national of an European Economic Area country who hold a Residence Card issued by the UK authorities, do not need a visa to enter Italy if travelling with/joining the EEA family member in Italy ( EU Directive 2004/38/CE, as implemented by Italian law no. 30 of 6/02/2007)."
( source: http://www.conslondra.esteri.it/Consola ... ers_EU.htm )
But then this page follows after that:
http://www.conslondra.esteri.it/Consola ... tional.htm
It states that he needs to fill visa application form. So now I'm confused
Could someone please tell me exactly what supporting documents will we have to present when entering Italy?

---
Technically no visa needed to enter Italy...that's all fine. However, I'd check with the airline that you plan to use in advance...just to make sure that they know about the Directive.

Don't forget to keep a copy of the Directive with you when you travel (you might want both the Italian and English versions), as well as your marriage certificate. I don't think you need anything else.

Good luck!

[burnleyfclee]

my wife from the philippines has visa spouse/cp entry clearence in her passport but has not yet got ILR would she be ok to travel to italy with me (her husband) without a visa?

very confusing this topic

[John]

burnleyfclee, no, Schengen Visa required to enter any Schengen Area country.

The same will apply even when she has her ILR, and the situation will only change when she becomes a British Citizen.

[burnleyfclee]

and what would happen if we just turned up in italy without the visa? as i have read and 2 of our filipino friends have done this and they got through fine as they was with there husbands

[John]

and what would happen if we just turned up in italy without the visa? as i have read and 2 of our filipino friends have done this and they got through fine as they was with there husbands

You have told us nothing about the status of the husbands, or whether their wives had a visa issued under national legislation, or alternatively say a Residence Card issued under EU regulations.

It makes a difference! Let's say the husband is French/German/Spanish, Greek etc etc and working in the UK, their wife would tend to have a Residence Card or Permanent Residence Card issued under EU regulations. Such a wife could indeed travel to say Italy with her husband without getting a Schengen visa.

But if the husband is British and thus the wife has a visa issued under UK immigration law, then a Schengen Visa will be required in order for the wife to enter Italy (or any other Schengen area country).

That married-to-British-citizen wife, could she just turn up in Italy? Wait, how is she getting to Italy? Flying? The problem would be even getting on the plane in the UK? Or taking the train to France, or driving and taking the tunnel or ferry to France? Then the problem will be at the juxtaposed French immigration controls in the UK. For example, if taking the train from St Pancras International station in London, she would not be allowed to board the train.

[coloquial]

Hi!

I'm a non-EEA national and my wife is a British Citizen.

I was on a two year settlement visa (UK Entry Clearance) which clearly stated i was the spouse of "wife's name".

I applied for Schengen visas during this period to travel throughout Europe with my wife.

I have just got my new Biometric Residence permit with which i (10 years valid) hoped not to need to apply for those visas anymore.

However I've checked the Italian and Netherlands Consultate websites and they both say a visa is not needed if I have a "Residence Card of a Family Member of an EEA National". To my surprise, my residence card doesn't specify anywhere (not even in the remarks area) that I am a EEA family member or the spouse of "wife's name".

Has this card recently changed to not include that anymore? Will I have trouble travelling without the usual Schengen visa?

Many thanks!

[John]

But your spouse visa, issued under UK immigration law, is not a "Residence Card of a Family Member of an EEA National"! Such a Residence Card would be issued under EU regulations, but yours is not.

Accordingly, dependent upon your nationality, you might need a Schengen visa in order to enter "Schengen-land".

[coloquial]

Hi John,

Thank you very much for such quick response.

According to my nationality, I have always been required to obtain a Schengen visa indeed.

In regards to your first paragraph:

But your spouse visa, issued under UK immigration law, is not a "Residence Card of a Family Member of an EEA National"! Such a Residence Card would be issued under EU regulations, but yours is not.

Apologies for asking yo clarify, but do you mean that because the UK has different border regulations by card has been issued only under UK law? (My card would work if issued i.e. In Spain?)

Am I going to need a visa as always although I have this card?

Thanks!

[John]

Please, I think we are going round in circles here, this has been covered so many times, including in this topic.

Please spend some time to read through this topic.

[Sea gray]

Hi.
I have read this and I am still confused. So could you please help me.
I am a British born male with full British passport. My wife is Thai with a residency permit other wise known as a right to remain. She is presently waiting for nationalisation. But suddenly a wedding as come up in Sweden. So could you confirm if my wife travels with me to Sweden with her Thai passport. Does she need a visa.

Thank you so much for your help

[John]

She does need a Schengen visa, and the application for that needs to be made at the Swedish Embassy. Have a look at their webpage.

[simplykayy]

I am a no-eea family member of a british citizen. I applied for a schengen visa to accompany my british wife and daughter to malta but my application was refus3d because my work permit expires in may.

We have decided to go to france via eurostar. My question is can i be issued a EEA Family member schengen visa at St. Pancras if i am travelling with wife and daughter....and have our marriage cerificate, wife and daughter's british passport?

According to the directive 2004/38/EC article 5.4 and the schengen visa code handbook 2010 part III, this should be the case.

Has anyone tried this or can advise me concerning my dilemma please?

Thank you.

[toofan]

I am a no-eea family member of a british citizen. I applied for a schengen visa to accompany my british wife and daughter to malta but my application was refus3d because my work permit expires in may.

We have decided to go to france via eurostar. My question is can i be issued a EEA Family member schengen visa at St. Pancras if i am travelling with wife and daughter....and have our marriage cerificate, wife and daughter's british passport?

According to the directive 2004/38/EC article 5.4 and the schengen visa code handbook 2010 part III, this should be the case.

Has anyone tried this or can advise me concerning my dilemma please?

Thank you.

to aacompany eu spouse visa can not be refused on the basis of your status as there is no requirement as such .all you have provide is marriage certificate and passport of both eu and non spouse and you both will be travelling together