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

[EUsmileWEallsmile]

Having exercised treaty rights in the uk, you can return to France as if you we're any other eu citizen - see Singh case.

I am asking for my husband if he needs visa.

I know, perhaps I wasn't clear. You and your husband will be covered by the directive on return to your home country, France. His residence card should be acceptable in lieu of visa.

Thats a good news to us. But why does it says except French national in the french embassy website I quoted there? would you know the reason please?Rachel

Normally, one can't use the freedom of movement directive in one's own country, except if one had lived in another member state first. This is perhaps why the website states what you quote.

[rachelcelestine]

I am asking for my husband if he needs visa.

I know, perhaps I wasn't clear. You and your husband will be covered by the directive on return to your home country, France. His residence card should be acceptable in lieu of visa.

Thats a good news to us. But why does it says except French national in the french embassy website I quoted there? would you know the reason please?Rachel

Normally, one can't use the freedom of movement directive in one's own country, except if one had lived in another member state first. This is perhaps why the website states what you quote.

Thank you very much. Any papers you want me to take so that I show the proof.Rachel

[thushy]

HI!!!
I am really confused that does a spouse of a British passport holder need a schengen visa ? as the spouse is holding a Residence permit card of Indefinite Leave to Remain.

http://www.vfsglobal.com/germany/uk/spouses.html
this is a German embassy website which says
"Spouses of an EU National
Do you need a visa for Germany?

You DO NOT need a visa for short stays in Germany if you are:

a citizen of the EU/EEA/EFTA
a partner (married or civil partnership) or child of an EU/EEA/EFTA national if you hold a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card" - and only if you are travelling together with the EU/EEA/EFTA national
a holder of a Diplomatic, Service or Special Passport from Chad, Ghana, Philippines and Turkey
a holder of a Diplomatic, Service, Special or Official Passport from Thailand.
a holder of a Diplomatic Passport from Albania, Algeria, Bosnia & Herzegovina, Georgia, India, Jamaica, Kenya, Macedonia, Malawi, Moldova, Montenegro, Morocco, Namibia, Pakistan, Peru, Russian Federation, Serbia, South Africa, Tunisia, Ukraine and United Arab Emirates
a citizen of a country listed below (provided you are not going to stay longer than three months and you are not going to do any paid or self-employed work)"

[EUsmileWEallsmile]

HI!!!
I am really confused that does a spouse of a British passport holder need a schengen visa ? as the spouse is holding a Residence permit card of Indefinite Leave to Remain.

http://www.vfsglobal.com/germany/uk/spouses.html
this is a German embassy website which says
"Spouses of an EU National
Do you need a visa for Germany?

You DO NOT need a visa for short stays in Germany if you are:

a citizen of the EU/EEA/EFTA
a partner (married or civil partnership) or child of an EU/EEA/EFTA national if you hold a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card" - and only if you are travelling together with the EU/EEA/EFTA national
a holder of a Diplomatic, Service or Special Passport from Chad, Ghana, Philippines and Turkey
a holder of a Diplomatic, Service, Special or Official Passport from Thailand.
a holder of a Diplomatic Passport from Albania, Algeria, Bosnia & Herzegovina, Georgia, India, Jamaica, Kenya, Macedonia, Malawi, Moldova, Montenegro, Morocco, Namibia, Pakistan, Peru, Russian Federation, Serbia, South Africa, Tunisia, Ukraine and United Arab Emirates
a citizen of a country listed below (provided you are not going to stay longer than three months and you are not going to do any paid or self-employed work)"

Yes, you will be expected to have a visa. You won't have the residence card mentioned.

[Mercyknight]

Hello,

I'm also confused and have zero idea where to look. I've Googled and read this forum but I'm still not 100% sure what to do.

I'm British and my wife is South African with (Leave to Remain in the UK)

We want to travel to Portugal in September 2013.

As she is married to me does she require a Schengen Visa?

Please can someone give me some guidance...

[askmeplz82]

Hello,

I'm also confused and have zero idea where to look. I've Googled and read this forum but I'm still not 100% sure what to do.

I'm British and my wife is South African with (Leave to Remain in the UK)

We want to travel to Portugal in September 2013.

As she is married to me does she require a Schengen Visa?

Please can someone give me some guidance...

The directive 2004/38C applies to Family members of citizens of those Schengen countries who make use of their right to freely travel and stay in the U.K.

Example: You are married to a Dutch who lives and works in the U.K. In this case you can obtain a residence card of a "family member of EEA national" which would grant you stay for example in Spain together for vacation without a visa. Since you are married to a U.K. citizen who lives in the U.K. [hence does not make use of the right of freely stay in other countries] you will need to apply for a visa.
The visa issue however is free of charge and you can make use of the simplified application process which means that you do not have to provide proof of employment or of your financial status.

[Mercyknight]

How do I access or start that "simplified" process for a Schengen Visa to Portugal?

[askmeplz82]

Dear all
hope someone help me. Iam a French living in UK and have a PR. My husband has Indian passport having residence permit saying family member of an EEA national. Thinking that he doesnt need a visa to go to France after seeing TLS website, we booked the tickets and travelling in few days. Just seen this page http://ambafrance-uk.org/Visa-for-family-of-an-European.
This says except spouse of French national anyone else can go to France without Visa. Can someone else had the same experience or went to France being the spouse of French national can give me the advice pls.
Rachel

travelling to FRANCE yes ; travelling to other countries like Germany NO as long you travel with him/her

[Mercyknight]

Does anybody know if this VISA application section is for the Schengen VISA for Spouses of EU nationals going to Portugal?



http://www.secomunidades.pt/vistos/inde ... 14&lang=en

[Chifamalu]

Hi Everyone,

I have read through the thread but I am still confused.

I am British and my husband has IRL through marriage.

My questions:
- What is the difference between a RC and having IRL?
- We plan to go to Malta in December - will he need a visa?

Many thanks in advance.

[EUsmileWEallsmile]

Hi Everyone,

I have read through the thread but I am still confused.

I am British and my husband has IRL through marriage.

My questions:
- What is the difference between a RC and having IRL?
- We plan to go to Malta in December - will he need a visa?

Many thanks in advance.

Basically, a visa would be required. It would be issued under the terms of the directive 2004/38/ec.

IRL is indefinite leave to remain under the immigration rules.
RC is residence card issued under the EEA immigration regulations.
The two are quite distinct.

[sal911]

I have read through the 10 pages of this thread. At some points I feel confident I have found my answer then when reading on it gets confusing.

So here is my simple scenario: I am british, my wife holds a non European passport but has a spouse visa (leave to remain) so is a resident in the UK. I was hoping we could visit Italy for a few days within the next week.

1. Would the UK check in agents/italian immigration allow her to travel/enter if we were travelling together without a schengen visa?

2. Am I correct in assuming to enter Switzerland a schengen visa is required regardless of us travelling together?

Points to note: We would have our marriage certificate in english, her spouse visa showing my name as her spouse and both our driving licenses to show we live at the same address.

[askmeplz82]

I have read through the 10 pages of this thread. At some points I feel confident I have found my answer then when reading on it gets confusing.

So here is my simple scenario: I am british, my wife holds a non European passport but has a spouse visa (leave to remain) so is a resident in the UK. I was hoping we could visit Italy for a few days within the next week.

1. Would the UK check in agents/italian immigration allow her to travel/enter if we were travelling together without a schengen visa?

2. Am I correct in assuming to enter Switzerland a schengen visa is required regardless of us travelling together?

Points to note: We would have our marriage certificate in english, her spouse visa showing my name as her spouse and both our driving licenses to show we live at the same address.

No she can't travel without VISA even if you travelling with her

Visa free travel is possible only with an EEA Family Member permit or EEA RESIDENT CARD. I think VISA fee is FREE for your spouse but must apply and depend on her nationality it can take 4 days to 1 month

[sal911]

Thank you for clarifying the matter for me.

[EUsmileWEallsmile]

I have read through the 10 pages of this thread. At some points I feel confident I have found my answer then when reading on it gets confusing.

So here is my simple scenario: I am british, my wife holds a non European passport but has a spouse visa (leave to remain) so is a resident in the UK. I was hoping we could visit Italy for a few days within the next week.

1. Would the UK check in agents/italian immigration allow her to travel/enter if we were travelling together without a schengen visa?

2. Am I correct in assuming to enter Switzerland a schengen visa is required regardless of us travelling together?

Points to note: We would have our marriage certificate in english, her spouse visa showing my name as her spouse and both our driving licenses to show we live at the same address.

As others pointed out, a visa would be expected. It should be issued free of charge and on the basis of an accelerated procedure.

It is possible to travel without a visa, but you would most likely have problems with airlines. If you got to a border, you should be admitted. Getting to the border would be the problem.

[sal911]

Oh!! Now that changes everything! I was actually considering making it into a road trip and driving through france via the eurotunnel.

[sal911]

Thank you EUsmileWEallsmile, you have made my day with that piece of advice.

Ok so my options are:

Flying straight to Italy which can only be done after applying for a schengen visa. If I was to choose this route can someone advise on the timeline for the italian embassy to issue a visa.

OR

Driving via france and we can travel almost immediately!

[EUsmileWEallsmile]

Oh!! Now that changes everything! I was actually considering making it into a road trip and driving through france via the eurotunnel.

See article 5.4 of directive 2004/38/ec.

[sal911]

Oh!! Now that changes everything! I was actually considering making it into a road trip and driving through france via the eurotunnel.

See article 5.4 of directive 2004/38/ec.

Will keep a printout ready.

[psychopomp1]

Hi
I'm a British citizen and my wife has the following UK residence permit, as the spouse of a BC:


Could she travel with me to France by road (eurotunnel) by this card, her non-eu passport, my passport and our marriage certificate? The words "family member of EEA national" do not appear anywhere on the card.

[EUsmileWEallsmile]

@psychopomp1. The EU regulations that specify the format for this card mandate that the UK makes it clear that the holder is a family member.

"The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”. See page 5 of this document paragraph3.

http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

The UK appears to have overlooked this requirement. You could complain to the UK authorities about this if you wish.

That all said, the permit is not a residence card and so cannot be used in lieu of visa.

You can still enter under article 5.4 of directive 2004/38/ec without a visa. You would need proof of entitlement by other means. In practice, passports and evidence that you are related and thus covered by the directive.

[psychopomp1]

Thanks smile, will probably get her a French visa to keep things simple.

[Victoriajam]

Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers

[askmeplz82]

Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers

What is your nationality ( EU national )

[Victoriajam]

[quote="askmeplz82"][quote="Victoriajam"]Just wanted to check sth with you, please. What if I wanted to travel with my husband who holds a UK residence card as a family member of an EEA citizen to my HOME country for a short holiday, but have been residing in the UK for several years. Does he need a Schengen visa?
I am struggeling to find the supporting legal paperwork for this case.
Cheers[/quote]

What is your nationality ( EU national )[/quote]

I'm German and we need to go to Germany for few days. Cheers