Travel to Schengen are from the UK on a UK Spouse Visa

[capm]

Dear all,

Probably this has been asked before although I did a search but could not find the answer. Could somebody advise on the below, please. I would be very grateful:

I have dual citizenship (Portuguese & British) and I am married to an Indonesian national.

My wife already holds a UK Spouse Visa and is working & living in the UK.

According to the Directive 2004/38/EC articles 5 and 10 it states that family members of EEA nationals DO NOT need a Visa to enter another EU member state for a short stay (at least 3 months).

In other words, would somebody know if my non-EU (Indonesian) wife working&living in the UK, can travel from the UK (non-Schengen) to other EU countries (Schengen space) without any problems.

For example, we want to visit family in other EU countries (Portugal, Germany) but we are not sure about the rules as there are many contradictions in the internet and even the information provided by the UK-based Citizen Advice Bureaus (CAB) are also contradictory.

Many thanks for any clarification!!!

[burnleyfclee]

i am also stuck on this question ...how did you get on?

[askmeplz82]

It is a common misunderstanding that if a person is married to a British citizen, they do not need a Schengen visa to enter the Schengen area. The United Kingdom is not part of the Schengen agreement, that is why if you are a British spouse and hold resident permit or indefinite leave to remain you still need to get a visa to enter the Schengen area. Therefore, its visas and residency are not acknowledged by the Schengen states.

Directive 2004/38/EC will apply to you if you travel together. The document held is a residence permit and not a residence card, therefore a visa will be required. It will be free and should be issued on a priority basis.

only Resident card holder can travel with their EEA family member without VISA

[EUsmileWEallsmile]

It is a common misunderstanding that if a person is married to a British citizen, they do not need a Schengen visa to enter the Schengen area. The United Kingdom is not part of the Schengen agreement, that is why if you are a British spouse and hold resident permit or indefinite leave to remain you still need to get a visa to enter the Schengen area. Therefore, its visas and residency are not acknowledged by the Schengen states.

Directive 2004/38/EC will apply to you if you travel together. The document held is a residence permit and not a residence card, therefore a visa will be required. It will be free and should be issued on a priority basis.

only Resident card holder can travel with their EEA family member without VISA

Good post (small point of correction "accompany or join").

[burnleyfclee]

my wife if filipino and she has a uk spouse visa

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 (we got married in the philippines) 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?