travelling from a non-eu country.

[asamant18]

hi …i have a query…actually i’m the holder of EEA2 family permit since my wife is Polish which i obtained in UK feb 2013…due to some work realted stuff i had to travel to india for a bit longer period and my wife who is now in uk and that we are expecting a baby , she will travel to poland end of this month and i wanted to join her in poland(note* i have travelled to poland before on eea2 family permit to join my wife before, with no problems whatsoever…but since this is the first time i’m gonna travel alone again but from a non-eu country to join her in poland ..my question is will i trigger n e problems at the india immiration or with the airlines(as i’m eligible to travel to eu country to join my wife)or is it neccessary for me to obtain a visa?what could be the solution to this as i cannot find an answer to this at polish embassy website, all they say is apply for a schengen visa…(i’m holding UK marriage certificate as well as Polish translated Marriage certificate stamped by polish authority or whatever)should this be enough to prove my eligibilty to travel from india to poland?

[Jambo]

Although strictly speaking not required, I would suggest you get a Schengen visa. Would make it a lot simpler.

[obormot]

Is not it true, that free mobility laws allow you to join/accompany your EU spouse in any EU country except their own?
I.e., I was under the impression that one can join polish wife in, say, Germany or France without need for a visa, but not in Poland itself.. And that for Poland one actually would need a visa (even though it most probably would be high priority and free visa)
Am I correct?

[Jambo]

In general yes but if the Polish citizen returns to Poland after exercising treaty rights in a different EEA country, he can enjoy from the free movement. This is called Surinder Singh after a case law back in 1992. This is how British citizens are able to use EEA Regulations in the UK.
But as you can see, it complicates things. Better to get a (free) Schengen visa.

[obormot]

Yes, I know about Surinder Singh. But as far as I understand this was a case concerning return to your country (from another EU country) to reside there.
But what about the situation when EU citizen (say, French) lives in another country (Poland, UK, whatever) with a non-EU spouse, and they just want to visit the home country of EU citizen for a short period?
On website of different consulates they insist in applying for Schengen visa in those cases..

[Jambo]

If Surinder Singh applies, it would apply regardless whether this is a short visit or a permanent return.

I would incline to say the information on the consulates' websites is not accurate. Probably just to make it easier for them. Displaying the general rule and not the exceptions. You also won't find Surinder Singh advertised on the UKBA/British consulates websites...

Again, from a practical point of view, it would normally make sense to apply for a visa just to save the trouble in the airport/border.

[obormot]

If Surinder Singh applies, it would apply regardless whether this is a short visit or a permanent return.

Sounds logical, though logic does not work very well with bureaucrats..
My personal problem is not a spousal but parental issue. I am a French national working in UK, and my mum holds EEA2.
It seems that if I fly with her to Poland, or Germany, say for vacation, she will not need a visa (?).
But French consulate states she would need visa, and in addition that she would have to bring all those painful documents like hotel reservation or private invitation, registered with the city, health insurance, etc. (the spouse, to the contrary, does not need all those documents, but still needs a visa).
So in a spousal case I probably would get Schengen visa, as it is easy, but with my mother it means all those documents..
So I am trying to figure out what to do if we want to go to France. Flying to another Schengen country first is not a very convenient option either..

[asamant18]

Hi guys..just to update ..recently when i enquired at a polish embassy in india on my situation and asked them, that would i need a visa or n e documents inorder to travel..the lady on the phone first said yes about my eligibility to travel to poland to join my wife but still not satisfied i arrived at the embassy wer i was told to show my Uk issued RC nd marriage certificate the officer said in no time that i am all good to travel to poland nd need not waste time to apply for a new visa to travel..also i have a wriiten e-mail from polish amsada(i think it means polish ambassador in india if im not wrong) stating that im ok to travel on uk RC..i feel good but i'm just worried if had to face some difficulties at airport or airline staff to make them understand this rule..do u think a print out of e-mail nd original marriage certificate and a polish stamp(which i got wen i traveled before to poland next to my RC)will work in my favour or should i be ready for some shitt?? any opinion or experience is highly appriciated ...cheers !!

[liane25]

I would recommend for you to get a visa as you are traveling on your own.
I traveled to Poland several times with my husband yet I have to present my marriage certificate every time. But it could depend which airport you are arriving, I think Krakow or Warsaw airports are more familiar with this situation. Based on my experience in Katowice, they were uncertain with my visa and it took me more than 20 mins to wait for my passport while the immigration officers discussed and typed something in the system. The same scenario every time I go to Poland and one time the immigration officer didn't stamped my passport when I arrived and I had a small problem during my exit to Poland. I showed my boarding pass instead.