Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 3:09 pm
Hi guys,
I am not EU and married to an EU waiting for my RC. However I need to travel with my husband to Poland next month. Can I apply for a Schengen visa with my COA?
Thank you
![Smile :)](./images/smilies/icon_smile.gif)
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noajthan
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by noajthan » Wed Jul 13, 2016 3:33 pm
chinkyjoana wrote:Hi guys,
I am not EU and married to an EU waiting for my RC. However I need to travel with my husband to Poland next month. Can I apply for a Schengen visa with my COA?
Thank you
![Smile :)](./images/smilies/icon_smile.gif)
No need to post same question everywhere. Kindly refrain from doing so.
Multiple posts
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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noajthan
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by noajthan » Wed Jul 13, 2016 3:33 pm
Just apply for Schengen in normal way.
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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member
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by member » Wed Jul 13, 2016 3:39 pm
Have you requested your passport back from HO yet?
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 3:55 pm
noajthan wrote:Just apply for Schengen in normal way.
Hi..
But my family permit is already expired. Can I still apply with my COA?
Thanks
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 3:56 pm
member wrote:Have you requested your passport back from HO yet?
Hi..
Not yet I am planning to do so this week. How long will it take for them to return?
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CR001
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by CR001 » Wed Jul 13, 2016 4:01 pm
It can take a couple of weeks to get your passport back.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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noajthan
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by noajthan » Wed Jul 13, 2016 4:07 pm
chinkyjoana wrote:noajthan wrote:Just apply for Schengen in normal way.
Hi..
But my family permit is already expired. Can I still apply with my COA?
Thanks
Don't really see how a COA helps to apply for a
Schengen visa.
btw - you don't need a FP to remain in UK (as long as hubby is a qualified person in UK) - its not a 'visa'.
Worst case you could try this - but plan for questions and delays at airline checkin and also at borders:
https://eumovement.wordpress.com/2010/0 ... to-travel/
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 4:16 pm
noajthan wrote:chinkyjoana wrote:noajthan wrote:Just apply for Schengen in normal way.
Hi..
But my family permit is already expired. Can I still apply with my COA?
Thanks
Don't really see how a COA helps to apply for a
Schengen visa.
btw - you don't need a FP to remain in UK (as long as hubby is a qualified person in UK) - its not a 'visa'.
Worst case you could try this - but plan for questions and delays at airline checkin and also at borders:
https://eumovement.wordpress.com/2010/0 ... to-travel/
I know I am still legal to stay here in the UK as my husband is a qualified person, however it is how to apply for schengen visa. One of their requirement is at least 3 months family permit visa. In that case my family permit has expired already but have the COA. Will this be good?
Thank you for the article, will sure print this on our way back to the UK.
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noajthan
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by noajthan » Wed Jul 13, 2016 4:19 pm
chinkyjoana wrote:I know I am still legal to stay here in the UK as my husband is a qualified person, however it is how to apply for schengen visa. One of their requirement is at least 3 months family permit visa. In that case my family permit has expired already but have the COA. Will this be good?
Thank you for the article, will sure print this on our way back to the UK.
Where is the need for 3 months worth remaining on a FP specified?
A FP is a UK document and, as per my understanding, unlikely to be of interest to our neighbours in the Schengen zone.
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 4:29 pm
noajthan wrote:chinkyjoana wrote:I know I am still legal to stay here in the UK as my husband is a qualified person, however it is how to apply for schengen visa. One of their requirement is at least 3 months family permit visa. In that case my family permit has expired already but have the COA. Will this be good?
Thank you for the article, will sure print this on our way back to the UK.
Where is the need for 3 months worth remaining on a FP specified?
A FP is a UK document and, as per my understanding, unlikely to be of interest to our neighbours in the Schengen zone.
Hi..
It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?
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noajthan
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by noajthan » Wed Jul 13, 2016 4:44 pm
chinkyjoana wrote:Hi..
It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?
Can you add the link to document or website stating such a requirement?
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 4:52 pm
noajthan wrote:chinkyjoana wrote:Hi..
It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?
Can you add the link to document or website stating such a requirement?
Here is the link :
unofficial visa for France link removed
"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"
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CR001
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by CR001 » Wed Jul 13, 2016 5:09 pm
chinkyjoana wrote:noajthan wrote:chinkyjoana wrote:Hi..
It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?
Can you add the link to document or website stating such a requirement?
Here is the link :
unofficial visa for France link removed
"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"
Why are you looking at the French website if you need to go to Poland as you state in your first post?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 5:19 pm
noajthan wrote:chinkyjoana wrote:Hi..
It is specified in the requirements to apply for schengen visa. Will this be a problem if I apply for schengen visa? Or all will be normal?
Can you add the link to document or website stating such a requirement?
Here is the link :
unofficial visa for France link removed
"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"[/quote]
Why are you looking at the French embassy website if you need to go to Poland as you state in your first post?[/quote
Here it is:
http://www.london.mfa.gov.pl/en/c/MOBIL ... y_members/
But if you look on general schengen visa requirements. It clearly says that I need to have a valid visa here in the uk to apply. Now this is why I am confused. If they will accept my application with only COA.
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noajthan
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by noajthan » Wed Jul 13, 2016 5:23 pm
As you are the dependent of a Union citizen you do not have a UK 'visa'. Nor do you have 'leave' to remain in UK (under UK regulations).
You are in UK by virtue of EU free movement.
My understanding is the criteria you have quoted from that website is misleading, does not apply to you and does not reflect EU law.
If anything it refers to a Residence Card rather than a Family Permit. But, again as per EU law, it is not mandatory to possess a Residence Card which is a simply a confirmatory document that doesn't confer any rights on the card holder.
And it appears to come from a French website for French Schengen visas rather than a Poland embassy website which is the appropriate place to check on Schengen visas for Poland.
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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CR001
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by CR001 » Wed Jul 13, 2016 5:26 pm
chinkyjoana wrote:Here is the link : unofficial visa for France link removed
"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"
Kindly refrain from posting weblinks of agencies/companies. Only official embassy/VFS/TLS websites/weblinks can be posted.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Casa
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by Casa » Wed Jul 13, 2016 5:36 pm
Also members should be aware that TLS Contact the official visa agent for the French Consulate warn:
"beware of fraudulent agents that only charge you for booking an appointment. Booking an appointment via TLScontact is free of charge"
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 5:38 pm
noajthan wrote:As you are the dependent of a Union citizen you do not have a UK 'visa'. Nor do you have 'leave' to remain in UK (under UK regulations).
You are in UK by virtue of EU free movement.
My understanding is the criteria you have quoted from that website is misleading, does not apply to you and does not reflect EU law.
If anything it refers to a Residence Card rather than a Family Permit. But, again as per EU law, it is not mandatory to possess a Residence Card which is a simply a confirmatory document that doesn't confer any rights on the card holder.
And it appears to come from a French website for French Schengen visas rather than a Poland embassy website which is the appropriate place to check on Schengen visas for Poland.
Does this mean I can apply for the schengen visa with no problem at all?
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chinkyjoana
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by chinkyjoana » Wed Jul 13, 2016 5:39 pm
CR001 wrote:chinkyjoana wrote:Here is the link : unofficial visa for France link removed
"The applicant’s UK Leave must exceed the validity of the requested visa by more than 3 months. The embassy no longer issues visas for travel during the last remaining 3 months validity of the UK residence permit;"
Kindly refrain from posting weblinks of agencies/companies. Only official embassy/VFS/TLS websites/weblinks can be posted.
Ok.. Any ideas on this issue with the schengen visa?
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Casa
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by Casa » Wed Jul 13, 2016 5:44 pm
Are you travelling to France or Poland?
![Confused :?](./images/smilies/icon_confused.gif)
If it's Poland there's no point in checking the requirements for a French Schengen visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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noajthan
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by noajthan » Wed Jul 13, 2016 5:46 pm
chinkyjoana wrote:Does this mean I can apply for the schengen visa with no problem at all?
Try and see.
My understanding is based on this:
Where a visa is required, “
Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge, as soon as possible and on the basis of an accelerated procedure.”
There is no legal requirement that:
- The EU citizen is already (or will be) living or working in a different EU member state
The non-EU family member holds a specific immigration visa or status. It is fine for them to have a nationally issued visa or a student visa or a visitor’s visa or even implied status
The family member apply in their country of origin
The family member resides or previously resided in the EU/EEA
There is also no legal requirement that you submit:
- bank statements
pay slips
letters from your present or future employer or school
letters of reference
proof that you will return at the end of the trip
airline tickets
confirmed hotel bookings
references or guarantees from people in the destination country
Please contact the European Commission’s free Solvit service if you have any problems or are required to provide these things. If they can not help, you can easily make a complaint directly to the European Commission.
In the unlikely event visa application is rejected, there must be a detailed explanation given about the reasons for the rejection, and there is an clear appeal process that you will be told about. The
only four grounds for rejecting a visa application are:
- public health (i.e. a serious contagious disease)
national security
(big) public policy
the marriage was done solely for getting the visa
They can not reject an application because you did not provide, e.g., a bank statement or hotel reservations.
https://eumovement.wordpress.com/2007/0 ... u-citizen/
If you are refused then argue on points of EU law and complain to Solvit.
You appear to have left it a bit late to get your passport back, get a visa and jet off to PL;
Worst case: turn up on border with printout of Directive 2004/38/EC.
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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sistersjuan
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by sistersjuan » Sat Jan 28, 2017 12:13 pm
Although this post has been long time ago, I'll put my recent story here in case someone else is having the same concern.
My husband is Greek. Yesterday 27th Jan, I applied with the Greek Embassy a Schengen visa. By that time, my student visa expires in one week, and I haven't received my COA (only submitted my biometric information few days ago). I took the biometric letter and proof of requesting my passport back letter from the HO to the embassy, but the Greek embassy rejected my application, and the reason was that my UK visa expires soon, and those letters from HO can't guarantee they will approve my application.
Now, I'm not sure whether I should risk flying to Greece, and see whether the broader control will let me in.
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emigre
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by emigre » Sat Jan 28, 2017 1:33 pm
Only suggestion before buying the ticket is to get the clarificaton from airline as well. Otherwise having a spouse on your side should minimise the hassle. Also remember to keep all necessary documents in case.
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chinkyjoana
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by chinkyjoana » Mon Jan 30, 2017 2:29 pm
sistersjuan wrote:Although this post has been long time ago, I'll put my recent story here in case someone else is having the same concern.
My husband is Greek. Yesterday 27th Jan, I applied with the Greek Embassy a Schengen visa. By that time, my student visa expires in one week, and I haven't received my COA (only submitted my biometric information few days ago). I took the biometric letter and proof of requesting my passport back letter from the HO to the embassy, but the Greek embassy rejected my application, and the reason was that my UK visa expires soon, and those letters from HO can't guarantee they will approve my application.
Now, I'm not sure whether I should risk flying to Greece, and see whether the broader control will let me in.
hi sistersjuan,
the problem is not the immigration officer, once you arrive in the schengen state which in your case is greece, just provide your marriage certificate, although i am not sure if they will give you a visa depending on your stay without a COA. The main problem are the airlines, they will not let you board the plane without a valid visa going back to the UK. I would personally not risk it as per my experience.