Wife on EEA FP, holiday to EEAs national country

1878 · Post by **1878** » Mon Jul 30, 2012 4:19 pm

Hey all,

My wife is on the EEA FP, we are living in the UK. We want to go to holiday 1-2 week to my homecountry which is . As a member of a EEA National she only need to submit her passport, my passport and fill out an online application. Since this is the first time the embassy in London require to book an appointment/interview, and this is not available until 7th september.

Can they do this, does it not restrict my right of free movement etc?

Seems very odd we have to wait this long to apply a visiting visa.

Best

Post by **Jambo** » Mon Jul 30, 2012 4:34 pm

If you wife had a RC, she would have not needed a visa.

Legally, she still doesn't require a visa as your spouse if travelling together but convincing the airline of that might be impossible.

I believe that legally, appointment for Schengen visa should be given with 14 days although some embassies ignore this.

As you are Norwegian, I would call the consulate and see if you can get an earlier appointment.

Guerro · Post by **Guerro** » Mon Jul 30, 2012 11:56 pm

When I was married to my French ex, I couldn't go to France with my RC and I needed a visa. They stated clearly on their website and when I phoned that family members who hold RC need to apply for a visa. However, I went to Holland and Portugal without a visa and had no problem with airline staff

Post by **Jambo** » Tue Jul 31, 2012 12:13 am

Guerro wrote:When I was married to my French ex, I couldn't go to France with my RC and I needed a visa. They stated clearly on their website and when I phoned that family members who hold RC need to apply for a visa. However, I went to Holland and Portugal without a visa and had no problem with airline staff

That because the French (unlawfully) try to impose national rules on their citizens. If you ex-wife was exercising treaty rights in the UK, she (and her family members) can make use of free movement.

Post by **Directive/2004/38/EC** » Tue Jul 31, 2012 1:00 am

1878, are you working in the UK?

How long has your wife been in the UK?

http://www.norway.org.uk/embassy/visas/visas/vpn/ writes

Applicants who have had a visa from the Norwegian Embassy in London or the Consulate General in Edinburgh before may either apply in person or send their supporting documents by post / courier (after filling in the application form and paying the visa fee online).

This should apply to you. I would suggest you just mail the application to them. Tell them in a cover letter that you are working in the UK so European Free Movement law applies to this application. Ask for "every facility" to be granted to the application, namely that it be issued by post as soon as possible and that your wife be issued a multiple entry visa. Be sure to include some evidence that you are working in the UK.

1878 · Post by **1878** » Tue Jul 31, 2012 11:56 am

No, this does not apply to us because she has not applied for a visa at Norwegian Embassy in London before. She has two Schengen visas issued by the Consulate in Shanghai if that is any help though I doubt it.

We came to the UK from China 1 month ago. I am currently not working but will start to study in the end of September. Will apply EEA2 once I receive the final confirmation and are a registered student.

Seems so strange we have to wait over 1 month to book an appointment to get a visiting visa for my home country.

1878 · Post by **1878** » Tue Jul 31, 2012 1:00 pm

Another question:

We will travel to Norway on Christmas but the EEA FP expires on the 22nd of December. If we apply for a EEA2 now (but the case is not finished before we travel), will she able to re-enter the UK on the COA (and her passport of course which I will ask for back in time to travel)?

Best

Post by **Directive/2004/38/EC** » Tue Jul 31, 2012 1:05 pm

Even though my quote does not officially apply to you, I would apply by post in any case, with the cover letter which I mentioned. There is a decent chance that they will issue the visa.

Be sure to always travel with your marriage certificate. See http://eumovement.wordpress.com/2010/08 ... to-travel/

Post by **Directive/2004/38/EC** » Tue Jul 31, 2012 2:08 pm

1878 wrote:We will travel to Norway on Christmas but the EEA FP expires on the 22nd of December. If we apply for a EEA2 now (but the case is not finished before we travel), will she able to re-enter the UK on the COA (and her passport of course which I will ask for back in time to travel)?

You wife can reenter the UK even after the EEA FP and even if you never bother applying for a RC. The previous link I sent provides details.

BUT: You will have a hard time getting on an airplane to the UK. You can do it by ferry/train from Calais to dover. Or your wife can, worst case, apply for a new quick EEA FP in Norway when you are there.

Post by **Jambo** » Tue Jul 31, 2012 2:49 pm

Your wife might get lucky see from Bergen with expired RC.

1878 · Post by **1878** » Tue Jul 31, 2012 7:00 pm

Ok, thanks for all the help!

Best

1878 · Post by **1878** » Thu Aug 23, 2012 12:17 am

I am little worried because Norway do currently not issue the processing times for EEA Family Permits. That means we risk staying up to 3 weeks in Norway waiting for her passport and new EEA FP, which I simply have no time for.

I hoping the RC will be returned before we travel (that would mean a 4 month processing time which maybe is a bit optimistic) or we just try to board the plane and re-enter on expired FP and COA.

Ps. I read the other thread about a visa national boarding the plane and entering UK on expired EEA2 on the same airport we will travel from, fingers cross. Will update on this when the time is relevant.

1878 · Post by **1878** » Thu Aug 23, 2012 7:30 pm

I read something interested in the Norwegian Utlendingsloven 2008 which is the implementation of Directive 2004/38/EC:

It says in (google translate) english:

Chapter 13 Specific rules for foreigners covered by the Agreement on the European Economic Area (EEA) and the Convention establishing the European Free Trade Association (EFTA Convention):

This chapter regulates the right to enter and remain in the realm of foreign nationals covered by the EEA Agreement or the EFTA Convention.

§ 110 More on whom chapter applies to:

Family members of a Norwegian citizen covered by the provisions of this chapter if they follow or reunite with a Norwegian citizen who returns to the kingdom after having exercised the right of free movement under the EEA Agreement or the EFTA Convention in another EEA country or EFTA countries .

I am led to believe that my wife (Chinese - visa national) does not need a visa after reading this.

Post by **EUsmileWEallsmile** » Thu Aug 23, 2012 8:00 pm

1878 wrote:I read something interested in the Norwegian Utlendingsloven 2008 which is the implementation of Directive 2004/38/EC:

It says in (google translate) english:

Chapter 13 Specific rules for foreigners covered by the Agreement on the European Economic Area (EEA) and the Convention establishing the European Free Trade Association (EFTA Convention):

This chapter regulates the right to enter and remain in the realm of foreign nationals covered by the EEA Agreement or the EFTA Convention.

§ 110 More on whom chapter applies to:

Family members of a Norwegian citizen covered by the provisions of this chapter if they follow or reunite with a Norwegian citizen who returns to the kingdom after having exercised the right of free movement under the EEA Agreement or the EFTA Convention in another EEA country or EFTA countries .

I am led to believe that my wife (Chinese - visa national) does not need a visa after reading this.

Notwithstanding the specifics derogation that Norway may have made...(you need to check this for yourself). In general, if your visa national wife (Chinese) has neither a visa nor an article 10 residence card, she may well be denied boarding.

1878 · Post by **1878** » Thu Aug 23, 2012 8:04 pm

I have sent some email to the embassy and norwegian immigration office. will post an update. will be interesting to see.

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Wife on EEA FP, holiday to EEAs national country

Wife on EEA FP, holiday to EEAs national country