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

[acme4242]

You don't say what Passport she has.
Assume Chinese,
She needs a Schengen visa, otherwise the airline will refuse boarding based upon TIMATIC rules
See http://www.immigrationboards.com/europe ... ml#p641623

The actual law says she does not need a visa,
but the airline rules says she needs a visa.
So.. she needs a visa.

The airline rules TIMATIC are compiled by IATA in Holland, and are based upon
what National Immigration authorities tell them.

Yes its wrong, yes its unlawful. and yes I did raise it with TIMATIC, and they never answered.

[Chazou]

His wife has an Algerian passport

[acme4242]

https://www.timaticweb.com/cgi-bin/tim_ ... user=GFB2C

Schengen Visa required

Visa required, except for A max. stay of 90 days(SEE NOTE
53781):
NOTE 53781: The max. stay is granted within 180 days.
- for holders of "Family Member" Residence Permits issued by
United Kingdom to family members of an EEA national

Visa required,
The UK don't give "Family Member" Residence Permits to UK Family Members
and Schengen don't give visa waiver to UK Family Members.
Even law says, they don't need visa, if they travel together with husband.

[MelAndry]

Hello,

I am looking for some help. My husband is an Estonian national exercising treaty rights in the UK and last year I received my permanent residence card, which states no restriction on holders activity in the UK. I am a non EU national from a small island. We are wishing to visit Paris and Spain. Do I as his wife need a visa when travelling with my husband to Paris and Spain ? Ive been on both websites and am slightly confused by it all. Your advise would be grately appreciated.


Thanks

[acme4242]

Hello,

I am looking for some help. My husband is an Estonian national exercising treaty rights in the UK and last year I received my permanent residence card, which states no restriction on holders activity in the UK. I am a non EU national from a small island. We are wishing to visit Paris and Spain. Do I as his wife need a visa when travelling with my husband to Paris and Spain ? Ive been on both websites and am slightly confused by it all. Your advise would be grately appreciated.
Thanks

Oh Mel.. you are right to be confused
When you arrived with your husband who was an Estonian national exercising treaty rights in the UK, you where issued
a "Family Member" Residence Permits issued by United Kingdom to family members of an EEA national under
section 10 of 2004/38/EC which entitles you to visa free travel within the EU.

But Technically, after 5 years, when you graduated to a permanent residence card, this is under section 20 of 2004/38/EC
this does not entitle you to visa free travel within the EU.

its a mess. (if something has changed with section 10 & 20 residence cards... please tell me)
But not sure if the airlines could figure this madness out, so maybe you would be ok.

[MelAndry]

@acme thanks for your response. You are absolutely right , it is a grand mess and causing no ends of confusion to my hubby and I. Truth be told we called the Spanish Embassy in London and were told I would need a visa, but for some reason we feel they may have misunderstood as it is not an ILR in my passport but a permanent residence card which I have read in other forums to be different to each other. Hopefully other forum members may shed some light on it all

[acme4242]

Visa free travel 2004/38/EC Article 10 and 20 Cards

I remember there was a suggestion in the
"Handbook for the processing of visa applications and the modification of issued visas"
http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

Page 90

The same visa exemption must be extended also to those third country family members who
hold a valid permanent residence card issued under Article 20 of the Directive (replacing the
5-year residence card issued under article 10 of the Directive).

But has this been put into practice ?
This is the question to ask.

[soloblue]

Hello,
I am Italian.
My husband (indonesian), who holds a residence card as EEA family member (and already traveled with me in European countries without VISA), is required to travel [u]alone[/u] to join me in Italy at Christmas (I need to go there few days before him).
WE booked a flight with transit over Munchen (1 and 40 min waiting time between flights)

I wrote to the Italian Consulate to confirm the documents for a VISA for him , (as I will not be travelling with him this time) but the lady in charge keeps on responding my emails saying that it is not required (although she might still think I am travelling with him).

Could you please let me know what your opinion is - is this a case of travelling alone or a case of JOINING the Italian
[i]
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 the EEA family member or if the EEA family member is going to join the EEA national in Italy ( EU Directive 2004/38/CE, as implemented by Italian law no. 30 of 6/02/2007)[/i]

Unfortunately, it is in my opinion not clear what JOINING means, and I would like to know, in case the Italian consulate will not give him a VISA, how can we prove that he is going to join me in Italy - so that the checking/controls at the airport can go smoothly?

Do I need to write a letter for him to take with him?

Although when I traveled with him to germany or Italy we managed to go through check in or passport control without a VISA, we always had problems and long checks. This is why I am very worried about leaving him to depart without a VISA.

Is there some thing we could do to force the Italian consulate to issue the VISA to him, if they continue in refusing to accept his application (we tried already once in April and the lady send him away).
I really cannot see why, if one does not need a VISA but wants to have one, should not be given one!

Many thanks