Travel to Schengen, without visa, for EEA-family members

[NeenaGak]

Profile
Me: British citizen
Husband: ILR (settlement status)
I am a British citizen and I want to travel with my husband and our child to the Germany for emergency reasons and there will not be enough time to apply for a schengen visa for my husband. In the past when he was on a spouse visa we have traveled several times to schengen territory and he had the schengen visa given to him before travelling. However due to a family member bring critically ill whom we are going to see this time, we do not have the time to apply for a visa for him. There are no appointments available anytime soon at the visa application centers. (*stressed*) I've contacted the embassy several times for help no hope!!
So we are planning on travelling together very soon and I want to ask upon successfully proving our relationship to the check in staff at the airport ( with Marriage certificate, proof of address etc) can we exercise our rights of free movement given under Directive 2004/38 EC and get on the plane? Has this been possible for anyone. I feel like this will be possible and he will be granted a schengen visa on arrival in Germany. Please advise. I am desperate for help. Feel free to PM me with any personal experiences. Thanks in advance.

[CR001]

I have split your post to its own topic as you stand more chance of getting a response compared to the very long topic you posted in.

You don't have access to PM function as you are a new member.

Expect a difficult time. Airlines are fined huge sums for allowing passengers to travel without the appropriate visa.

[NeenaGak]

I have split your post to its own topic as you stand more chance of getting a response compared to the very long topic you posted in.

You don't have access to PM function as you are a new member.

Expect a difficult time. Airlines are fined huge sums for allowing passengers to travel without the appropriate visa.

Thank you! I really hope someone gets back to me with some useful information soon. The stress is deriving me insane.

[gokulatti]

Hello sorry for the difficult times ahead, hope it will get better.

To answer your question, yes technically your husband does not need a visa already to enter when you travel together, he will basically have to submit all the proof/documents just like how you would apply for schengen visa but this time AT the schengen border control. This is where it gets complicated, airlines will most probably not let your husband board the flight if he doesn't have a schengen visa/or article 10 residence card (family member of EU national).

Especially, if you have check in luggage, they WILL check for visa. if you have only hand luggage and do check in online and print boarding pass from the machine, you can proceed to security and again there are chances they might check visa at the gate. so yeah, its big IF and risky.

If it is an emergency, I would consider eurostar/Thalys atleast until brussells/amsterdam/paris and then maybe take a flight to germany from there. In this case you will come to schengen border control first and you should be able to get a visa, expect delay.

In any case keep a copy of border guards handbook with you and any other useful links on 2004/38 you can search the forum for the links.

I hope it gets sorted out.

[kthomsen]

Hi,

I was wondering when you are gonna try to do the move?
Me and my wife might be going through the same.

Our way, through the airport is, the fact that my wife doesn't need a Airport Transfer Visa in Germany (Frankfurt), where she can stay for 24 hours on the International side in the airport.

So basically, my theory is that she can buy a flight ticket to Dubai with Lufthansa and transfer in Frankfurt.. And from there, we cross the border together.

[wayki]

In any case keep a copy of border guards handbook with you and any other useful links on 2004/38 you can search the forum for the links.

Hi, i can't find where to search the forum - do you have the link to BGH, and what is 2004/38? Thx

[gokulatti]

Hi, i can't find where to search the forum - do you have the link to BGH, and what is 2004/38? Thx

europe-immigration-forum/links-t141422.html

2004/38 is the Directive 2004/38, an EU regulation for the free movement of EU nationals other than their own country and their family members- http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF