Travel to Europe (Czech republic via Frankfurt or Zurich)

Post by **Directive/2004/38/EC** » Tue Apr 10, 2012 11:29 pm

Getting a German Schengen visa is very easy because it can be done by post (for family members of EU citizens and for some other applicants).

Travelling through Switzerland can be problematic since they are not part of the EEA and so European law does not directly apply. If the swiss say you need a visa, then you need a visa.

ATAPCP · Post by **ATAPCP** » Wed Apr 11, 2012 9:35 am

Thank you for your replies,
Very interesting topic I would say. Not that it solves issues in regards to visa.
EU I will try to ask the Czech embassy that as I am travelling through Germany and as that is no where I am going to spend most of my time, it is in fact Czech republic therefore they should issue me with visa.
Well we are going down to London soon (it would have been at the weekend but would have to change it) and just try it in the embassy as no appointment is required for family members of EU nationals.
But there is a direct flight from where I live to Prague, so may consider that option too.

fysicus · Post by **fysicus** » Wed Apr 11, 2012 2:40 pm

Directive/2004/38/EC wrote:Getting a German Schengen visa is very easy because it can be done by post (for family members of EU citizens and for some other applicants).

Travelling through Switzerland can be problematic since they are not part of the EEA and so European law does not directly apply. If the swiss say you need a visa, then you need a visa.

Switzerland is part of the Schengenzone (but not of EEA), so if you have Schengenvisa (issued by any Schengencountry) you're fine with travelling to or through Switzerland. An EEA2 Residence Card does not exempt you from visa requirements in Switzerland.

Post by **ca.funke** » Wed Apr 11, 2012 2:46 pm

Hi ATAPCP,

ATAPCP wrote:...Do I need Schengan visa to travel to Czech republic?...
...Can I travel without a visa as I am a family member of EU citizen (CP)?...

- I think you should be allowed to travel without visa, however as per the advice under "EEA family member without Residence Card (Part 2)" in >>this<< thread. Although legally OK, it´s extremely tricky and may not be advisable.

ATAPCP wrote:...through either Frankfurt or Zurich...
...Do I need Transit visa to travel via Germany or Switzerland (just catching connecting flight)?...

- Should you try to go w/o visa, do NOT go via Switzerland, as this would (paradoxically) be illegal. See what happened in exactly "your" case >>here<<.
  If you do get a Schengen-visa, it doesn´t matter anymore where you transit (=enter the Schengen-Zone).

ATAPCP wrote:...German embassy has not responded...

- from my experience they have an odd 50% response-rate. If they reply it´s usually quite helpful and 85% correct.

ATAPCP wrote:...Any input would be appreciated...
...Many Thanks...

- Hope it helps, rgds, Christian

Post by **EUsmileWEallsmile** » Wed Apr 11, 2012 8:46 pm

c.a.funke

ATAPCP does not have an article 10 residence card, but does have UK issued documentation issued to spouse; has already checked and clarified that they do not need a visa if traveling direct to Czech.

Post by **EUsmileWEallsmile** » Wed Apr 11, 2012 10:11 pm

fysicus wrote:
Directive/2004/38/EC wrote:Getting a German Schengen visa is very easy because it can be done by post (for family members of EU citizens and for some other applicants).

Travelling through Switzerland can be problematic since they are not part of the EEA and so European law does not directly apply. If the swiss say you need a visa, then you need a visa.
Switzerland is part of the Schengenzone (but not of EEA), so if you have Schengenvisa (issued by any Schengencountry) you're fine with travelling to or through Switzerland. An EEA2 Residence Card does not exempt you from visa requirements in Switzerland.

Guys, the OP has neither Schengen visa nor article 10 residence card. They propose to enter Schengen zone via Germany (as price of flights are competitive), but spend their time in the Czech republic.

Post by **Directive/2004/38/EC** » Thu Apr 12, 2012 12:42 am

That is why I was suggesting a German visa. They are easy to get by post.

ATAPCP · Post by **ATAPCP** » Thu Apr 12, 2012 12:47 am

Wow,
You guys are so helpful. I am amazed.
Thank you all.
After to and fro emails (as listed previously) with Czech embassy I am going to try to go direct to Prague and not go via any other country.
If Czech embassy had said " that I dont need a visa for them but for germany I will and that I can apply for the visa with Czech embassy" explicitly then I would applied with them. But as they are adamant that I do not need a visa (I even sent them emails from different addresses to double check) I will give it a go.
I will take as mentioned in their email:-
1. The EU directive which says if the nonEU national travels to country without visa...... before turning away.....
2. My and my partner's passport
3. Bank account statement (joint)
4. EHIC card for both of us
5. Civil Partnership certificate
6. Travel insurance
7. Itinerary flight (return) and hotel accommodation
8. Employment proof (maybe)
9. Emails from Czech embassy
10. Printout from the Czech embassy website
11. My UK Biometric residence permit - which shows Leave to Remain till 2016 and Home Office letter

Just would have to check with airline if they would accept me....
I think this will be pretty good list unless anyone else thinks of something

Post by **Directive/2004/38/EC** » Thu Apr 12, 2012 12:51 am

ATAPCP wrote:Just would have to check with airline if they would accept me....

I actually think this will be the challenging part. I would encourage you to head to the airport with LOTS of time before the flight.

Also you should read though and print http://eumovement.wordpress.com/2010/08 ... to-travel/

Post by **ca.funke** » Thu Apr 12, 2012 9:01 am

EUsmileWEallsmile wrote:...ATAPCP does not have an article 10 residence card...

That´s exactly why I pointed towards "EEA family member without Residence Card (Part 2)" in >>this<< thread.

Plum70 · Post by **Plum70** » Thu Apr 12, 2012 12:48 pm

Directive/2004/38/EC wrote:That is why I was suggesting a German visa. They are easy to get by post.

Hi Directive, I have a question - and no intention of hijacking this post -: The German embassy's website says that EU family members can apply by post if they have held a German or other multiple entry Schengen visas in the last 12 - 24 months or so.

For me, a non-EU FM of a Swiss national who currently has a soon to expire 3 year MULT. Schengen visa, is it as simple as sending a completed application+docs and SD return envelope to the German embassy? I have been monitoring their online appointment booking system but it seems always booked up and I can never find a single available date 1.5 months in advance.

We hope to visit Berlin this summer.

Post by **EUsmileWEallsmile** » Thu Apr 12, 2012 8:13 pm

Directive/2004/38/EC wrote:That is why I was suggesting a German visa. They are easy to get by post.

Ok, understood, but can one get one if one's not actually spending time in Germany? (note the words on their website).

"Please note that the main destination of your travel needs to be Germany in order to apply with the German Embassy!!!"

http://www.london.diplo.de/Vertretung/l ... ungen.html

Post by **EUsmileWEallsmile** » Thu Apr 12, 2012 8:15 pm

ATAPCP wrote:Wow,
You guys are so helpful. I am amazed.
Thank you all.
After to and fro emails (as listed previously) with Czech embassy I am going to try to go direct to Prague and not go via any other country.
If Czech embassy had said " that I dont need a visa for them but for germany I will and that I can apply for the visa with Czech embassy" explicitly then I would applied with them. But as they are adamant that I do not need a visa (I even sent them emails from different addresses to double check) I will give it a go.
I will take as mentioned in their email:-
1. The EU directive which says if the nonEU national travels to country without visa...... before turning away.....
2. My and my partner's passport
3. Bank account statement (joint)
4. EHIC card for both of us
5. Civil Partnership certificate
6. Travel insurance
7. Itinerary flight (return) and hotel accommodation
8. Employment proof (maybe)
9. Emails from Czech embassy
10. Printout from the Czech embassy website
11. My UK Biometric residence permit - which shows Leave to Remain till 2016 and Home Office letter

Just would have to check with airline if they would accept me....
I think this will be pretty good list unless anyone else thinks of something

You have it in writing that the embassy says you don't need the visa. I gave you the link to IATA previously (it's back a couple of pages now). Who do you propose flying with?

Post by **EUsmileWEallsmile** » Thu Apr 12, 2012 8:18 pm

Plum70 wrote:
Directive/2004/38/EC wrote:That is why I was suggesting a German visa. They are easy to get by post.
Hi Directive, I have a question - and no intention of hijacking this post -: The German embassy's website says that EU family members can apply by post if they have held a German or other multiple entry Schengen visas in the last 12 - 24 months or so.

For me, a non-EU FM of a Swiss national who currently has a soon to expire 3 year MULT. Schengen visa, is it as simple as sending a completed application+docs and SD return envelope to the German embassy? I have been monitoring their online appointment booking system but it seems always booked up and I can never find a single available date 1.5 months in advance.

We hope to visit Berlin this summer.

Plum, the words say you can apply if you are a family member OR have had a previous Schengen, etc.

http://www.london.diplo.de/Vertretung/l ... ungen.html

ATAPCP · Post by **ATAPCP** » Thu Apr 12, 2012 10:55 pm

EU
I plan to fly with BMIbaby.
However tried their site and nowhere they state where to contact to ask for advice.
Only if you have booking reference that you can contact them.
So will have to how I get around it.

Post by **EUsmileWEallsmile** » Fri Apr 13, 2012 1:18 pm

In general airlines have will have something in their terms and conditions about complying with immigration requirements of your destination. You've made the effort to find out so should be able to demonstrate that you comply.

Post by **Directive/2004/38/EC** » Fri Apr 13, 2012 2:18 pm

Plum70 wrote:Hi Directive, I have a question - and no intention of hijacking this post -: The German embassy's website says that EU family members can apply by post if they have held a German or other multiple entry Schengen visas in the last 12 - 24 months or so.

I think you overlooked the ORs. So when you are the family member of an EU citizen, then you do not need to have previously held any Schengen visa...

http://www.london.diplo.de/Vertretung/l ... ungen.html

Application by post
...

You may apply by post:
1. If you are a spouse of an EU or German national or
2. If you have had a Schengen visa from the German Embassy in London issued within the past 12 months or
3. If you have had at least 2 used Schengen visa from any Schengen Embassy issued within the past 24 months or
4. If you have had a one-year or multiple-year Schengen visa within the last 24 months and have used it.

Please note that the main destination of your travel needs to be Germany in order to apply with the German Embassy!!!

Important information: If you use your visa to travel mainly to another Schengen State, or if you cancel hotel bookings after you received your visa from us your next visa might be refused!

For the main OP of this thread, if you fly to CZ through Germany then you will enter Schengen via Germany which is within the rules.

And in any case those rules actually do not really apply to family members of EU citizens. A member state can not legally refuse you a free movement visa because of something trivial like that.

Post by **ca.funke** » Fri Apr 13, 2012 2:33 pm

EUsmileWEallsmile wrote:In general airlines have will have something in their terms and conditions about complying with immigration requirements ...

Example >>BMI<<. (The link I gave in 2008 doesn´t work anymore, but I quoted it at that time, so it shouldn´t matter too much?)

Plum70 · Post by **Plum70** » Fri Apr 13, 2012 4:44 pm

Directive/2004/38/EC wrote:I think you mislooked the ORs.

Indeed.

Remains to be seen if they deem 'EU' and 'Swiss' FMs to be on level pegging...

Cheers (to EUsmile too).

juanitajv · Post by **juanitajv** » Sat Apr 21, 2012 10:28 am

What ended up happening to your application? Did Czech Rep grant u a schengen in the end? Any feedback would be appreciated as I'm in a similar position to you.

ATAPCP · Post by **ATAPCP** » Sat Apr 21, 2012 10:54 am

Hi,
Czech republic is insistent that I do not need schengen visa as I am now travelling direct.
As I am now not due to fly soon. I am trying to get hold of someone in BMI baby to answer my question as to whether they would let me get on.
If they say no then I would have to go back to the czech embassy in London and ask for visa anyway.
I am sure they will not deny me visa just whether they might think it is a nuisance.
So this is the story so far.
What is your situation if you don't mind me asking...

juanitajv · Post by **juanitajv** » Sat Apr 21, 2012 12:27 pm

http://www.immigrationboards.com/viewto ... 703#629703

Here you go - have a read thru but basically:

We are flying to Prague on Friday night, and Saturday we are traveling by train to Berlin and Sunday flying from Berlin to London. A week later, I'm traveling to Spain alone.

So I need to get a visa for sure, was hoping to get it thru Czh Embassy as it should be free seeing as my parther is Czech.. I'm also worried if I mention that I want it valid for multiple entries, and specify that I will be going to Spain for a week they'll say I have to apply thru Spain.

I think it's similar in that Czh has already told me via email that I don't need the visa but I am still going to apply for one, just hoping they will grant it.

Post by **Directive/2004/38/EC** » Sat Apr 21, 2012 1:36 pm

juanitajv wrote:http://www.immigrationboards.com/viewto ... 703#629703

Here you go - have a read thru but basically:

We are flying to Prague on Friday night, and Saturday we are traveling by train to Berlin and Sunday flying from Berlin to London. A week later, I'm traveling to Spain alone.

So I need to get a visa for sure, was hoping to get it thru Czh Embassy as it should be free seeing as my parther is Czech.. I'm also worried if I mention that I want it valid for multiple entries, and specify that I will be going to Spain for a week they'll say I have to apply thru Spain.

I think it's similar in that Czh has already told me via email that I don't need the visa but I am still going to apply for one, just hoping they will grant it.

I assume you are living in the UK. What UK issued residence thing do you have? A Residence Card?

juanitajv · Post by **juanitajv** » Sat Apr 21, 2012 1:43 pm

jip residence permit - family member of an eea national..

Post by **Directive/2004/38/EC** » Sat Apr 21, 2012 1:56 pm

juanitajv wrote:jip residence permit - family member of an eea national..

What is JIP? So this is a Residence Card?

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Travel to Europe (Czech republic via Frankfurt or Zurich)

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