Getting Schengen while EEA2 application in process

turcaloca · Post by **turcaloca** » Thu Jun 05, 2008 9:58 pm

Hello everyone!

I am Turkish and I applied for the infamous EEA family permit in the UK at the end of March (husband is Swedish). I have since asked for my passport to be sent back to me for travel reasons.

My question is whether I can apply for a Schengen visa here in London... It seems like the embassies require you to have a valid non-tourist UK visa to process the Schengen application but I am wondering if there is any way to go around it... I am desperate to travel to Italy and Sweden in the next few weeks.

Thanks in advance for any advice

mym · Post by **mym** » Thu Jun 05, 2008 10:08 pm

If you are travelling with him, take your marriage certificate. They cannot refuse you entrance.

Have a read of http://tinyurl.com/2vdluq

turcaloca · Post by **turcaloca** » Thu Jun 05, 2008 10:59 pm

Thank you very much for the speedy response Mark. I am aware of this directive but I am a bit sceptical as to the extent it gets implemented. For example, Italy insists that you have a valid EEA FP in order for them to let you in without a Schengen (this is definitely the way Sweden interprets the directive, as per an email I received from their embassy in London). I tried to convince the Swedes to issue me a Schengen instead but they would not do so because I "cannot prove that I am currently a resident in the UK"

On a side note, I also have a feeling that I would never make it past check-in at Heathrow if I cannot show them a valid Schengen... May be they are used to dealing with people like me? I just don't know

mym · Post by **mym** » Fri Jun 06, 2008 6:49 am

turcaloca wrote:I tried to convince the Swedes to issue me a Schengen instead but they would not do so because I "cannot prove that I am currently a resident in the UK"

Bizarre. Your right to a free, fast schengen derives from your husband, not your residency status in the UK.

Why has the EEAFP application been delayed so long? The UK has to issue it "on the basis of an accelerated procedure", the staff know that, their guidance states it.

86ti · Post by **86ti** » Fri Jun 06, 2008 9:13 am

mym wrote:
turcaloca wrote:I tried to convince the Swedes to issue me a Schengen instead but they would not do so because I "cannot prove that I am currently a resident in the UK"
Bizarre. Your right to a free, fast schengen derives from your husband, not your residency status in the UK.

Why has the EEAFP application been delayed so long? The UK has to issue it "on the basis of an accelerated procedure", the staff know that, their guidance states it.

Embassy rules. Some embassies won't issue visa if you are not residing in the UK.

By EEAFP do you actually mean the EEA2 application for the residence card, turcaloca? Well, HO is now trying to finish the applications sent prior to January to them. As it looks now they appear to use the six months they are allowed to (and some reports here and on other fora say longer).

mym · Post by **mym** » Fri Jun 06, 2008 5:32 pm

86ti wrote:Embassy rules. Some embassies won't issue visa if you are not residing in the UK.

Embassy rules do not trump an EU Directive.

turcaloca · Post by **turcaloca** » Fri Jun 06, 2008 7:17 pm

Sorry for the confusion. What I meant is that I am in London waiting for the EEA2 to be issued (I submitted my application in march)

Btw, does anyone else find it weird that sweden/italy will not consider me a UK resident when I have a letter from the HO that allows me to live and work here???

Post by **Directive/2004/38/EC** » Fri Jun 06, 2008 9:17 pm

I assume you have an EEA family permit issued outside of the UK and you are now applying for an EU Residence Card inside the UK.

Have you actually tried applying for a visa to a Schengen visa? What exactly did they say? Which embassy was it?

If you have an EEA family permit, when does it expire?

turcaloca · Post by **turcaloca** » Sat Jun 07, 2008 11:29 am

Yes, Directive... The original EEA family permit was issued outside of the UK and expired at the end of May. I submitted the EEA2 application to the HO in march and am still waiting for the residence card to be issued.

The deal with the embassies is that they want to see a valid UK permit on my passport before they can issue a Schengen (I understand that this may be against the EU directives but that's how they seem to "interpret" it). The clearest response I got on this issue was from the Swedish embassy in London (since my husband comes from Sweden and I travel there most often among all the Schengen states, I thought that it made sense for me to contact them first). They basically said that there is no way they will issue me a visa if I do not have a valid UK permit. I tried to convince them that I am legally resident here while my EEA2 application is being considered but they would not have any of that.

I guess the only way for me to get a Schengen visa is to travel back to Turkey (the HO is sending my passport back for travel reasons) and do the application there. Then, the issue is if I would need to apply for an EEA FP at the UK embassy in Turkey in order to be able to come back to the UK...

I honestly thought that getting married to an EU citizen would put an end to years of visa misery. How naive!

lapkapups · Post by **lapkapups** » Mon Jun 09, 2008 10:06 am

turcaloca wrote:Yes, Directive... The original EEA family permit was issued outside of the UK and expired at the end of May. I submitted the EEA2 application to the HO in march and am still waiting for the residence card to be issued.

The deal with the embassies is that they want to see a valid UK permit on my passport before they can issue a Schengen (I understand that this may be against the EU directives but that's how they seem to "interpret" it). The clearest response I got on this issue was from the Swedish embassy in London (since my husband comes from Sweden and I travel there most often among all the Schengen states, I thought that it made sense for me to contact them first). They basically said that there is no way they will issue me a visa if I do not have a valid UK permit. I tried to convince them that I am legally resident here while my EEA2 application is being considered but they would not have any of that.

I guess the only way for me to get a Schengen visa is to travel back to Turkey (the HO is sending my passport back for travel reasons) and do the application there. Then, the issue is if I would need to apply for an EEA FP at the UK embassy in Turkey in order to be able to come back to the UK...

I honestly thought that getting married to an EU citizen would put an end to years of visa misery. How naive!

I had the same answer from Spanish Consulate (my husband's country). That there was no way the'd issue a visa if I don't have a UK Residence stamped in passport notwithstanding that I was legally here, etc.
However, they also told us that we could try to write a letter to the Consul providing all supporting documents and leave it at his discretion - he might waive the rule for us and give the permission for a visa. Maybe you could try that?
The fact is that afterwards you most probably need to apply for FP to come back to the UK. I would not rely on the cooperation of the border offices in the airport.

mym · Post by **mym** » Mon Jun 09, 2008 11:33 am

Maybe try the german embassy.

http://www.london.diplo.de/Vertretung/l ... reich.html

The only evidence they specifically ask for is a marriage/CP/etc certificate.
My partner just received a 3 month schengen from them 5 days after applying by post.

asia · Post by **asia** » Tue Jul 01, 2008 7:02 pm

Hi turcaloca!
Did you manage to get any further in your visa attempts?
Does anyone know how I can go on holiday this summer? I applied for my EEA4 on March. I have no proof of residency in my passport at the moment as my 5 years' permit has expired. Can I go to Turkey (where I am from) and apply for a EEA Family Permit there with my passport and marriage certificate? Will that be enough to get me back in the UK?

Hexy · Post by **Hexy** » Tue Jul 01, 2008 8:52 pm

OK this is a very interesting topic. I have read all of the responses and I seem to be in a vicious information circle.

I am awaiting approval on my long stay visa, my son will accompany me and he will attend school in France. We are both US citizens. I will be marrying my French national fiance. (well, that is how we see it, consulate might have their own ideas) BTW all of this process I am doing from the US as required by France law.. but geez its hard to just get there to stay for longer than the 90 days.

So, I have been learning a ton from everyones questions, answers, and experiences. I thank you all for that. Now, the question relating to this thread I have is, If you are not from an EU country, must everyone apply for a schegen visa to travel? I know that I am free to travel to any schegen country at present as a US citizen for 90 days without any kind of visa. Will this change when all things finished and I get a carte de sejour? Will I also be facing, along with my son, these issues of being able to travel with my future husband?

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Getting Schengen while EEA2 application in process

Getting Schengen while EEA2 application in process