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Schengen Visa- Main Destination

Immigration to European countries, don't post UK or Ireland related topics!

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khimerism
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Schengen Visa- Main Destination

Post by khimerism » Sat Dec 08, 2007 9:59 pm

My wife, who is a non-EEA national with a UK RESIDENCE PERMIT is accompanying me, British Citizen, to Amsterdam for Christmas. She obtained her schengen visa from the French Consulate because the earliest appoint for the Netherlands Consulate is in January 2008. Can the Netherlands immigration refuse her entry into Amsterdam because her schengen visa was from the french consulate. Please help
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun Dec 09, 2007 2:09 pm

If you are travelling together, then you should not have a problem. Be sure to carry your marriage certificate. Please also read through the material on Directive 2004/38/EC which is the basis of your right to move in the EU as well as her right to move freely (when travelling with you).
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Brit Chick
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Post by Brit Chick » Mon Dec 10, 2007 7:05 pm

My husband recently travelled to france with me on a schengen visa issued by the belgium embassy as they were the only ones who would issue the visa by post. We had no problems travelling in and out of the country at all even though we had a whole story ready, haha.
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gani999
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Re: Schengen Visa- Main Destination

Post by gani999 » Tue Dec 11, 2007 9:57 am

khimerism wrote:2008. Can the Netherlands immigration refuse her entry into Amsterdam because her schengen visa was from the french consulate. Please help
No they cannot ,and will not. Schenegan tourist visas always allow for a transit in a schenegan country other than the one which issued the visa. If they ask, you could always tell them that you are planning to visit France from the Netherlands
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mym
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Location: London

Post by mym » Tue Dec 11, 2007 11:38 am

You won't have a problem using it, but you might have a problem getting one from the same embassy again in future if you do not observe the protocol about first entry or main destination.
--
Mark Y-M
London
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Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Tue Dec 11, 2007 1:11 pm

Is the Schengen visa a multiple entry one? If so then make sure your wife makes a trip to France before the visa expires and make sure the trip is longer than the time you spent in Amsterdam. This will demonstrate to the French embassy that the visa was not abused.

If the visa is a single-entry visa then I'm afraid you're a bit stuck. Although your wife will encounter no problems whatsoever entrying the Netherlands, she will almost certainly encounter future problems with the French embassy in applying for any other Schengen visas because they will view the fact that she used it to go to the Netherlands and not France as an "abuse", or to use their terminology, "visa shopping".
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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Richard66
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Post by Richard66 » Thu Dec 13, 2007 5:47 pm

As there is no border control between the Netherlands and France, how are the French ever to know you and your wife never went to France from the Netherlands and then back?
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Dawie
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Post by Dawie » Thu Dec 13, 2007 7:16 pm

Richard66 wrote:As there is no border control between the Netherlands and France, how are the French ever to know you and your wife never went to France from the Netherlands and then back?
Well, if they wanted to make this claim, the onus would be on visa holder to prove that they were in France, not on the embassy to prove that they were not.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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Richard66
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Post by Richard66 » Fri Dec 14, 2007 8:57 am

You're guilty until proved innocent, eh? This is not the law as I learnt it.

I'd be hard put to prove I've been to France the times I went., for example.
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Dawie
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Post by Dawie » Fri Dec 14, 2007 10:03 am

Richard66 wrote:You're guilty until proved innocent, eh? This is not the law as I learnt it.

I'd be hard put to prove I've been to France the times I went., for example.
That's the whole premise of Napoleonic law on which the French and most Latin-speaking countries' law systems are based! If you are accused of a crime the burden of proof is on the accused to prove they are innocent, not the accuser to prove guilt.

This goes against our Anglo-Saxon notions of "innocent until proven guilty" that we in the English-speaking world are accustomed to, but that's the way it is.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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Christophe
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Post by Christophe » Fri Dec 14, 2007 10:39 am

Richard66 wrote:I'd be hard put to prove I've been to France the times I went., for example.
If you ever did need to prove it, make sure you keep things such as credit card receipts, receipts from automatic teller machines, hotel and restaurant bills, etc.
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Richard66
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Post by Richard66 » Fri Dec 14, 2007 4:32 pm

That's the whole premise of Napoleonic law on which the French and most Latin-speaking countries' law systems are based! If you are accused of a crime the burden of proof is on the accused to prove they are innocent, not the accuser to prove guilt.
Well, I hold a law degree from a Napoleonic-code country and this is not at all what I learnt. Anyway, if one's firm enough with the French authorities they normally cave in.
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Richard66
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Post by Richard66 » Fri Dec 14, 2007 4:35 pm

If you ever did need to prove it, make sure you keep things such as credit card receipts, receipts from automatic teller machines, hotel and restaurant bills, etc.
I've been twice to Switzerland when I lived in Germany and from the time I spent there I have only some photographs and I'm not even present in them.
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