Travel to Schengen zone, without visa, for family member of BC

[Mercyknight]

Portugal Schengen Visa Question:

I'm British, my wife is South African. She has a resident Permit (ILR) for the UK (Where we live)

We're travelling together with our 3 British passport holding Kids.

We are unable to get an appointment at Manchester in time before going to Portugal to arrange a Schengen Visa.

We're going to be flying into Lisbon.

Do we risk it? I have a good feeling that we'd be ok. Any advice would be helpful!

[Casa]

Your wife doesn't have a resident permit, she has ILR issued under the UK Immigration Rules. As a result, she may face issues on entry into Portugal but your main challenge is in persuading the airline to allow her to travel without a Schengen visa.

[CR001]

Portugal Schengen Visa Question:

I'm British, my wife is South African. She has a resident Permit (ILR) for the UK (Where we live)

We're travelling together with our 3 British passport holding Kids.

We are unable to get an appointment at Manchester in time before going to Portugal to arrange a Schengen Visa.

We're going to be flying into Lisbon.

Do we risk it? I have a good feeling that we'd be ok. Any advice would be helpful!

She needs a visa, she is not exempt. I as a South African also needed one when traveling with my British husband to Spain, first thing airline asked to see was my Schengen visa. You have left if very late, especially in the peak summer months. Try another centre for an appointment.

[Mercyknight]

Your wife doesn't have a resident permit, she has ILR issued under the UK Immigration Rules. As a result, she may face issues on entry into Portugal but your main challenge is in persuading the airline to allow her to travel without a Schengen visa.

It says British Resident Permit on her card that she received from the Home Office?

[Mercyknight]

Bio-metric not British!

[Mercyknight]

Note to all on UK migration route and holding BRP for ILR.

If married to a British citizen you are not (in this context) the family member of an EEA/EU citizen; you do not have an EU 'Residence Card' you have a UK BRP card.

You will not get far with your UK-issued BRP (ILR) card.

To visit a country in Schengen zone apply for a Schengen visa

Thanks for being clear. I read the stories at the front of this post and it said there was success stories about people travelling without Schengen Visas who were married to British citizens. Because of the EU directive. Are you now saying that doesn't apply?

Is there a way to get an emergency schengen visa?

Can I try and get a schengen visa from a different consulate of another country?

[noajthan]

Thanks for being clear. I read the stories at the front of this post and it said there was success stories about people travelling without Schengen Visas who were married to British citizens. Because of the EU directive. Are you now saying that doesn't apply?

Is there a way to get an emergency schengen visa?

Can I try and get a schengen visa from a different consulate of another country?

I'm not commenting on the beginning of the topic.
I'm commenting on the number of recent queries from people who think their BRP will get them into Europe.

Yes, you can travel without a visa to move or join a Union citizen in a memberstate if you can stomach the questions, delay and stress at a border.
To save all that hassle get a Schengen visa.

But its no good thinking you can go on a weekend trip or holiday by waving your BRP at the border. For that get a Schengen visa.

You should apply at embassy of country which is your main or only destination. Not just at some random European embassy.

I don't know anything about emergency Schengen visa (if there is such a thing).

[CR001]

I read the stories at the front of this post and it said there was success stories about people travelling without Schengen Visas who were married to British citizens. Because of the EU directive. Are you now saying that doesn't apply?

The posts at the front of the topic are from 2012. Things have moved on, politically and in other ways and very much with airlines who won't allow you to board if you don't have the right paperwork.

Emergency Schengen would be for an emergency, i.e. relative on death bed for example NOT for a holiday.

Have you tried one of the other Portuguese embassies etc?

When is the anticipated travel date?

[Mercyknight]

I read the stories at the front of this post and it said there was success stories about people travelling without Schengen Visas who were married to British citizens. Because of the EU directive. Are you now saying that doesn't apply?

The posts at the front of the topic are from 2012. Things have moved on, politically and in other ways and very much with airlines who won't allow you to board if you don't have the right paperwork.

Emergency Schengen would be for an emergency, i.e. relative on death bed for example NOT for a holiday.

Have you tried one of the other Portuguese embassies etc?

When is the anticipated travel date?

21st August!!

I think we're absolutely screwed. We're also flying with Ryanair and apparently they always check that you have the relevant visa.

London keep referring me to Manchester, and then when I call Manchester there's nobody to speak to. I can't believe this! I totally messed up. Should have checked. Assumed all of that on the front page would mean it was ok to travel. But the issue won't be at the Portugese side, it'll be at the Ryanair desk.

[noajthan]

21st August!!

I think we're absolutely screwed. We're also flying with Ryanair and apparently they always check that you have the relevant visa.

London keep referring me to Manchester, and then when I call Manchester there's nobody to speak to. I can't believe this! I totally messed up. Should have checked. Assumed all of that on the front page would mean it was ok to travel. But the issue won't be at the Portugese side, it'll be at the Ryanair desk.

Airlines use the Timatic passport/visa database to see what documents someone requires to fly somewhere; you can check it too...

Example Timatic system:
http://www.skyteam.com/en/flights-and-d ... nd-health/

[Mercyknight]

21st August!!

I think we're absolutely screwed. We're also flying with Ryanair and apparently they always check that you have the relevant visa.

London keep referring me to Manchester, and then when I call Manchester there's nobody to speak to. I can't believe this! I totally messed up. Should have checked. Assumed all of that on the front page would mean it was ok to travel. But the issue won't be at the Portugese side, it'll be at the Ryanair desk.

Airlines use the Timatic passport/visa database to see what documents someone requires to fly somewhere; you can check it too...

Example Timatic system:
http://www.skyteam.com/en/flights-and-d ... nd-health/

Ok - so there's two options on there that have different outcomes:

She has a BRP (Biometric Resident Permit) but doesn't say anything about ILR)

When I put resident permit in the options it says she can travel with me. When I put permanent resident permit in it says she requires a visa!?

I'm so confused!

[noajthan]

Ok - so there's two options on there that have different outcomes:

She has a BRP (Biometric Resident Permit) but doesn't say anything about ILR)

When I put resident permit in the options it says she can travel with me. When I put permanent resident permit in it says she requires a visa!?

I'm so confused!

Its probably referring to an EU Article 10 Resident card/certificate - not a UK BRP.

EU DCPR/PRC is an Article 20 card - I think there's an anomaly in EU law around travel and entry rights with Article 20 cards.

[cs95tdg]

21st August!!

I think we're absolutely screwed. We're also flying with Ryanair and apparently they always check that you have the relevant visa.

London keep referring me to Manchester, and then when I call Manchester there's nobody to speak to. I can't believe this! I totally messed up. Should have checked. Assumed all of that on the front page would mean it was ok to travel. But the issue won't be at the Portugese side, it'll be at the Ryanair desk.

Agree about Ryanair, as I've seen them turn away a fellow passenger on similar grounds - thought a visa wasn't required when married to a BC.

Unfortunately it does appear that you've left it very late. Just sharing personal experience over the last few years - it took between 5-10 calendar days for mine to be processed, but this wasn't during peak summer holidays. Finnish embassy in May, German embassy in January & French embassy in November.

[Casa]

Airlines are understandably cautious as they face a considerable fine if the passenger is refused entry to the destination country due to incorrect travel documents.

[noajthan]

Quick search of forum shows many tales of woe about attempts to board flights with a well-known airline beginning with "R".

And it appears as they are not members of IATA they don't actually even use Timatic.

See http://www.immigrationboards.com/eea-ro ... r#p1358361

[Mercyknight]

I've read so much contrasting information.

Some people saying that she'll be allowed to travel and some saying that she will get rejected by the airline beginning with R.

I have such a headache. There really is noting I can do. I'm thinking about just turning up at the Portuguese Consulate in Manchester and literally begging them to help us out!

Fast track services have said it's too late.

Any other advice would be helpful if you have it?

[noajthan]

I've read so much contrasting information.

Some people saying that she'll be allowed to travel and some saying that she will get rejected by the airline beginning with R.

I have such a headache. There really is noting I can do. I'm thinking about just turning up at the Portuguese Consulate in Manchester and literally begging them to help us out!

Fast track services have said it's too late.

Any other advice would be helpful if you have it?

On what basis do people say you can:
a) Persuade airline to let you board?
b) Get through border with no visa?

You may have more chance by ferry.

[Mercyknight]

I've read so much contrasting information.

Some people saying that she'll be allowed to travel and some saying that she will get rejected by the airline beginning with R.

I have such a headache. There really is noting I can do. I'm thinking about just turning up at the Portuguese Consulate in Manchester and literally begging them to help us out!

Fast track services have said it's too late.

Any other advice would be helpful if you have it?

On what basis do people say you can:
a) Persuade airline to let you board?
b) Get through border with no visa?

You may have more chance by ferry.

a) They don't, they simply state that they'll glance at the BRP and ask my wife if she's travelling with me
b) That the airline will stamp her boarding pass and allow her through.

There is also success stories. I'm hoping they'll be merciful on the basis of 3 British kids as well.

[noajthan]

a) They don't, they simply state that they'll glance at the BRP and ask my wife if she's travelling with me
b) That the airline will stamp her boarding pass and allow her through.

There is also success stories. I'm hoping they'll be merciful on the basis of 3 British kids as well.

a) That sounds rather unlikely if not bonkers.
A UK-issued BRP is not a Schengen visa. It will be classed as an unacceptable document.

And no border guard worth their salt is going to wave someone through just because they have kids.
Have you seen the terror alert levels in Europe recently?!

b) Airlines are also subject to eye-watering fines under carrier liability rules. So its not as simple as winking at the check-in boy/girl.

If travelling overland yes, you may have a chance; not from a lousy (unvalued and unrecognisd) UK BRP but by invoking the Directive.
But it's not the way to travel for a holiday, there could be tears before bedtime:
https://eumovement.wordpress.com/2010/0 ... to-travel/

[Mercyknight]

a) They don't, they simply state that they'll glance at the BRP and ask my wife if she's travelling with me
b) That the airline will stamp her boarding pass and allow her through.

There is also success stories. I'm hoping they'll be merciful on the basis of 3 British kids as well.

a) That sounds rather unlikely if not bonkers.
A UK-issued BRP is not a Schengen visa. It will be classed as an unacceptable document.

And no border guard worth their salt is going to wave someone through just because they have kids.
Have you seen the terror alert levels in Europe recently?!

b) Airlines are also subject to eye-watering fines under carrier liability rules. So its not as simple as winking at the check-in boy/girl.

If travelling overland yes, you may have a chance; not from a lousy (unvalued and unrecognisd) UK BRP but by invoking the Directive.
But it's not the way to travel for a holiday, there could be tears before bedtime:
https://eumovement.wordpress.com/2010/0 ... to-travel/

Thank you so much for taking the time to help me: Are you suggesting in the last line our only small glimmer of hope will be invoking the directive?

[noajthan]

Thank you so much for taking the time to help me: Are you suggesting in the last line our only small glimmer of hope will be invoking the directive?

That's the only faint glimmer. Read the cavests in the blog.

But I don't recommend it as you are travelling with 3 children and going on holiday. (Not 'emigrating').
Do you really want to spend all day arguing with check-in clerks and immigration officials (?).
And you may still not get off the ground.

See a related discussion (also inconclusive).
Note reference to 'that' airline too.
http://www.immigrationboards.com/europe ... 63423.html

[Mercyknight]

It might be our only hope. The holiday is already booked.

Dropped the ball on this one it seems.

I'm going to go to the consulate in Manchester and see if they'll see us without having an appointment! Long shot I know...

[CR001]

Out of interest, why has your wife not applied for British citizenship yet?

[Mercyknight]

Out of interest, why has your wife not applied for British citizenship yet?

It's been a long process.

She was granted Discretionary Leave to Remain (under human rights) for the last 6 years (had to keep renewing), and then got issued with ILR this year when we applied last November 2015.

- I'm assuming there's nothing there that can help?

- Also, she's had 2 Schengen Visas before (90 day ones). I just assumed that Biometric Resident Permit (ILR) would mean she didn't have to get Schengens anymore!

[Casa]

You may still be confused between an EEA Resident Permit and the UK ILR-BRP.