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

[burnleyfclee]

can you please explain this...

Article 24
Equal treatment

1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary
law, all Union citizens residing on the basis of this Directive in the territory of the host Member
State shall enjoy equal treatment with the nationals of that Member State within the scope of the
Treaty. The benefit of this right shall be extended to family members who are not nationals of a
Member State and who have the right of residence or permanent residence.


RIGHT OF RESIDENCE IS A SPOUSE VISA IT DOES NOT JUST APPLY TO THOSE WITH PERMANENT RESIDENCE BUT ALSO THOSE WITH UK ENTRY CLEARANCE AS STATED ..

Status[edit]

The right of free movement is granted automatically when the requirements are fulfilled, and it is not subject to an administrative act. However, member states may require the EEA citizen and family members to register with the relevant authorities. The relevant documentations are:
an entry visa for the non-EEA family members if they are visa nationals and do not hold a residence card from another member state,
a residence certificate (for EEA citizens) or a residence card (for non-EEA family members), which may be valid for up to 5 years and confirms the right of residence,
a permanent residence certificate or a permanent residence card, which certifies the right of permanent residence.
Permanent residence is acquired automatically after exercising treaty rights for 5 years, with absences of normally less than 6 months a year, a single absences less than 12 months in certain circumstances (birth, severe sickness, etc.), or longer for military services.[6] Permanent residence removes any restrictions that are in place concerning access to public funds (such as unemployment benefits, a state pension etc.), although some of these restrictions are already lifted after a period of 3 months. Permanent residence is only lost after an absence of 2 years.
All applications covered by the directive are free, or require at most a moderate fee similar to comparable national documents.

[burnleyfclee]

can you please explain this...

Article 24
Equal treatment

1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary
law, all Union citizens residing on the basis of this Directive in the territory of the host Member
State shall enjoy equal treatment with the nationals of that Member State within the scope of the
Treaty. The benefit of this right shall be extended to family members who are not nationals of a
Member State and who have the right of residence or permanent residence.


RIGHT OF RESIDENCE IS A SPOUSE VISA IT DOES NOT JUST APPLY TO THOSE WITH PERMANENT RESIDENCE BUT ALSO THOSE WITH UK ENTRY CLEARANCE AS STATED ..

Status[edit]

The right of free movement is granted automatically when the requirements are fulfilled, and it is not subject to an administrative act. However, member states may require the EEA citizen and family members to register with the relevant authorities. The relevant documentations are:
an entry visa for the non-EEA family members if they are visa nationals and do not hold a residence card from another member state,
a residence certificate (for EEA citizens) or a residence card (for non-EEA family members), which may be valid for up to 5 years and confirms the right of residence,
a permanent residence certificate or a permanent residence card, which certifies the right of permanent residence.
Permanent residence is acquired automatically after exercising treaty rights for 5 years, with absences of normally less than 6 months a year, a single absences less than 12 months in certain circumstances (birth, severe sickness, etc.), or longer for military services.[6] Permanent residence removes any restrictions that are in place concerning access to public funds (such as unemployment benefits, a state pension etc.), although some of these restrictions are already lifted after a period of 3 months. Permanent residence is only lost after an absence of 2 years.
All applications covered by the directive are free, or require at most a moderate fee similar to comparable national documents.

[EUsmileWEallsmile]

In what context?

[burnleyfclee]

please point out to me from the directive 2004 that only people with resident cards in there passport can travel freely around europe without a schengen visa....?

[John]

I think you miss the point. It does not say that, but that does not mean such family members can travel without a Schengen visa.

[burnleyfclee]

but it does say that family members can travel freely as long as they are with there EU family member it does not say what visa they have to be on there for a non EU family member on a spouse uk entry visa should be able to travel with there EU spouse in Europe without having to get the schengen visa

quote from ec.europa.eu/justice.....

Your family members, irrespective of their
nationality, have the right to accompany or
join you in an EU country other than that of
your nationality. This right applies regardless
of whether they have previously been residing
in another EU country or with which visa the
family member entered the host EU country.

[askmeplz82]

If you have RESIDENT CARD this one below you can travel without VISA if you going with your spouse.

it should say " FAMILY MEMBER OF AN EEA NATIONAL" in your passport

[John]

burnleyfclee, the document you quote, it also says :-

Those family members who are not nationals of an EU country [so-called third country family members] may enter the host EU country with a valid passport. If they come from certain countries which are subject to visa obligations, they may be required to have an entry visa.

Source document : Freedom to move and live in Europe.

[burnleyfclee]

ok and if you have a uk spouse entry visa?

[John]

If the non-EEA spouse has a UK spouse visa, or indeed ILR, then it depends upon their nationality. It would be necessary to look at the detailed Schengen area regulations and determine whether they need to obtain a Schengen visa.

[burnleyfclee]

where can i find that marra?

[John]

See, for example, this webpage.

[EUsmileWEallsmile]

@ OP, a visa will be expected if one is a third country national who requires a visa. If one holds a UK residence card (careful, must be issued under terms of directive 2004/38/ec), and travelling to join or accompany EU national, no visa would be required. Applying for a visa would be free and should be issued quickly.

[burnleyfclee]

ok so we applied for the schengen visa at manchesters vfs centre what cost £38.25 as it would be cheaper to do it through them than to travel to italian embassey in london...

we have had a email from italian embassey london saying they need additional documents because our marriage certificate is not legalized in uk so they can not give her a schengen visa and that she must apply as a tourist (not as married to eu citizen) and must pay extra £51.30 they also want proof of accomodation,letter from employer and insurance.

why should she have to apply for a tourist visa when she is married to me? she has a UK spouse visa

[John]

So you got married outside the UK, and no doubt you have a translation of your marriage certificate into English, assuming of course that the original certificate was not in English.

What was supplied to VFS? The original marriage certificate AND the certified translation into English? Or just one of those?

Also, where did you get married? Which country?

[burnleyfclee]

we got married in the philippines and the marriage certificate was already in english

we submitted marriage certificate,receipts of travel

we also took 3 month banks statements,insurance, hotel bookings,train booking but she wasnt intrested in these and returned them to us

but now there asking for my wife to apply a visa on her own and now they need these documents

[John]

they need additional documents because our marriage certificate is not legalized in uk

You need to find out how to satisfy their requirements. I am not sure what they might need, maybe something from the Philippines embassy in the UK?

When the UK spouse visa was applied for the British Embassy would have recognised the format of a genuine marriage certificate, but there is no particular reason for the Italian embassy in London to know what is, or is not, a genuine marriage certificate from the Philippines.

[the hurricane]

I think you should be more specific, just by reading your story I've got the feeling that the Italian authority might be right. As you are probably aware Philippine is not part of the apostille countries. Thus, in order for your wife to qualify for spouse of EU national (Directive 2004/38/EC) she will need to legalize the marriage certificate. If you've already done that ,perhaps it would be wiser to get Solvit involve ( I've used Solvit in the past because the Italian consulate was requesting unnecessary documents). Good luck

[picky95]

hi i am Irish Citizen Living In UK my wife join me here in feb 2014 as a eea family permit she is Pakistani National
now she got 5 year residency as a EEA family permit .
does she need a visa to enter germany or Ireland?
please tell me
picky95
Newly Registered

Posts: 1
Joined: Fri May 09, 2014 9:45 pm

[toofan]

hi i am Irish Citizen Living In UK my wife join me here in feb 2014 as a eea family permit she is Pakistani National
now she got 5 year residency as a EEA family permit .
does she need a visa to enter germany or Ireland?
please tell me
picky95
Newly Registered

Posts: 1
Joined: Fri May 09, 2014 9:45 pm

if you both travelling together you do not need visa .

[toofan]

sorry if you both travelling to germany or any other country apart from eu citizen home country no visa i required for eu citizen home country it might be different if you have exercised treaty right than surinder singh route can apply

[mama3]

If you have RESIDENT CARD this one below you can travel without VISA if you going with your spouse.

it should say " FAMILY MEMBER OF AN EEA NATIONAL" in your passport

Even if you have Residence card of Family member of an EEA National as show here in the Card you will still need a Visa. I had that type pf Card and I needed Visa to Go to Poland with My husband who is Polish.

[Donutz]

Err, no? Who told you that? Directive 2004/38 is quite clear, as is the EU page on traveling with family members:
See previous pages.

- if you have a residence card as per 2004/38 (family member of EU/EAA national" should be on it) then you need no visa traveling together. Including a holiday together to the EU spouse his or her home EU country.
--- the UK seems to wipe it's behind with this though and only accepting German and Estonian EU/EAA cards due to some BS security reason (other countries have cards with identical features such as the Dutch, but even if other cards would be less secure, the directive sets no minimum security standards... You simply need to fall under the description of 2004/38).
- if you have a normal residence card (permit) or no residency at all since you live outside the EU- you will need a free visa issued with minimum hassle. Applied for in advance or if that was not possible, at the border. Ofcourse you need to travel with your spouse.Unless you travel to the home country of the EU national, most member states will then make you apply for a regular visa.
- with a Schengen residence card/permit you can travel around Schengen all by yourself for 3 months.

[amino2005]

Hi everyone.
I am writing to describe my experience when i recently travelled to Spain without visa. It was September 2014. I have a permanent residence card through ee4 route. I used Ryanair and at the check in desk the lady didnt seem bothered just asked if travelling with wife and if this card was used as a visa we replied yes and she stamped on boarding pass. So when i got Spain the two IO at the border control didnt have a clue what was that and kept talking to each other then after few minutes they gave me everything back and nodded to let me in i dont think they understood it well but just didnt make a fuss. However, on my exit from Spain i was told by immigration officers that I should not have been let in as my card didnt state family member of EU and they said next time make sure u have visa or permit which states it. So overall, I would say that I had a lucky escape when I landed and would advice people to get a visa if they dont have the 5 years residence card of family member of eea national. Because it does state in their website that it only applies to that card. I hope this helps those of you travelling to Spain. Some countries accept both like Germany and a couple of others.

[Chazou]

Hi
I am not sure if I am in the right section but would anyone confirm the following:
My friend is a British citizen and his wife has leave to remain in uk, they have two children (both British), they want to go to Paris, does his wife need to get a schengen visa or not, I saw some post which are quite confusing,
So basically as long as they travel together no visa is required?
Is there some kind of document they need to have to enter France,
Please advise if possible
Thx