Applying for a Schengen Visa with an expired Family Permit.

Patience · Post by **Patience** » Wed Feb 04, 2009 8:56 pm

I came into the UK on a 6 months Family Permit.

I applied for a Schengen Visa via the German embassy in London.I did everything via post and got a 3 months visa within a week.

I have just applied for a Residence Card and received a COA 1 month ago before my Family Permit expired.It is now expired since Nov2008.

I am planning to travel again with my wife.(EU)

Since I retained my passport for travel reasons and submitted only certified copies for my EEA2 application.... I was wondering if I would try for another Schengen Visa.

The last Schengen application I made via the German embassy was smooth.
I submitted:

* spouse's passport + copy
* applicant's passport + copy
* marriage certificate + copy
* visa application form with one passport picture

I was wondering if I could add a COA to the above and try.

Please enlighten if anyone has tried as above.

In case I get a schengen visa issued by the German Embassy, must I travel to Germany before traveling to any other member state?

Any comments will be highly appreciated.

Waiting on EE2 is a prison sentence.I will explore chances of traveling while I wait.

Pasha · Post by **Pasha** » Fri Feb 06, 2009 9:01 pm

You will have to consider the following points-

If you did travel out of the UK whilst your EEA2 application is pending, when re-entering the UK, you will have only a certificate of application to show to immigration officers...

To apply for a Schengen Visa in London, will the embassy accept your application pending your EEA 2 application and that your EEA Family Permit has expired...

Patience · Post by **Patience** » Sat Feb 07, 2009 10:34 pm

Pasha wrote:You will have to consider the following points-

If you did travel out of the UK whilst your EEA2 application is pending, when re-entering the UK, you will have only a certificate of application to show to immigration officers...

To apply for a Schengen Visa in London, will the embassy accept your application pending your EEA 2 application and that your EEA Family Permit has expired...

When re-entering I will present my passport and my COA.I am sure that is enough.

As far as the embassy accepting my application pending EEA2....with an expired Family Permit....I really do not know.That is the reason for my post.

Was trying to find out if anyone tried and what were the results etc.

I think there is a chance and will try.No matter the result, I will learn something.

isceon · Post by **isceon** » Sun Feb 08, 2009 9:00 am

Please try it as it would be very interesting to know the outcome.
thanks

clogman01 · Post by **clogman01** » Mon Feb 09, 2009 9:19 am

Yes, the country which issues the Schengen visa and in which you will spend the most time should be the first country you visit.

86ti · Post by **86ti** » Mon Feb 09, 2009 9:51 am

clogman01 wrote:Yes, the country which issues the Schengen visa and in which you will spend the most time should be the first country you visit.

No. You can enter the issuing country after passing through another Schengen member state.

Plum70 · Post by **Plum70** » Mon Feb 09, 2009 11:02 am

No. You can enter the issuing country after passing through another Schengen member state.

I disagree. The issuing country should be your first point of entry or where you will be spending the most time.

86ti · Post by **86ti** » Mon Feb 09, 2009 12:09 pm

Plum70 wrote:
No. You can enter the issuing country after passing through another Schengen member state.
I disagree. The issuing country should be your first point of entry or where you will be spending the most time.

I think transit is possible just like later excursions to other member states. Besides, how would you suggest to enter Liechtenstein (after they joined Schengen)?

Plum70 · Post by **Plum70** » Mon Feb 09, 2009 12:35 pm

I think transit is possible just like later excursions to other member states.

Possible perhaps...

Besides, how would you suggest to enter Liechtenstein ?

Before Switz. joined the Schengen area the same Swiss visa afforded entry into Liechtenstein. Now I believe that a separate visa would need to be issued by the Swiss embassy in countries where Liechtenstein has no consular representation. At present the border between Switzerland and Liechtenstein is considered an external schengen border by virtue of the formers accent to the schengen zone.

(after they joined Schengen)

Liechtenstein is yet to join.

86ti · Post by **86ti** » Mon Feb 09, 2009 12:45 pm

Plum70 wrote:
I think transit is possible just like later excursions to other member states.
Possible perhaps...

The Austrians (search for Munich) do not have a problem with that and from a few reports on this board other counries haven't either. Of course, that doen't mean that this is in (full) compliance with Schengen rules but it does make sense (think about long detours to arrive at your final destination).

botvot · Post by **botvot** » Mon Feb 09, 2009 4:40 pm

Hi.

I am in exactly the same position. But unlike you, I don't even want to try applying for a Schengen, as I can just see the problems... I've resigned to traveling in the UK for the following 10 months, how sad!

Please do advise when you get an update.

Pasha · Post by **Pasha** » Mon Feb 09, 2009 7:57 pm

Patience, perhaps you should try emailing the embassy to see if they would accept your application pending your EEA 2 application. The only reason I mentioned this is because most embassy states on their webiste that they require atleast 3 months leave left in your passport to even start processing a visa application.

Do you ordinarily need a visa to enter the UK? See the following thread, the first post highlights some issues your may encounter travelling with the COA at aiport immigration. The amount of leave that you get is atthe discretion of the immmigration officer, it seems...

http://www.immigrationboards.com/viewto ... 7&start=20

isceon · Post by **isceon** » Mon Feb 09, 2009 8:21 pm

.In July 2008 in the case of Metock, the European Court of Justice ruled that national requirements for the third-country-national spouse of an EEA citizen to have been previously lawfully resident in another Member State before they can benefit from the provisions of the Free Movement Directive were unlawful. It also ruled against national restrictions on when and where their marriage took place and how the third-country national entered the host Member State.

The case has implications in visas and residence card so logicaly it is unlawfull from EEA embassies to impose prior lawfull residence in a EEA state to issue a visa.
The uk is no longer imposing this condition to issue Family permit why should it be different for shenghen visas?as long as you are married to an EEA citizen.

Patience · Post by **Patience** » Mon Feb 09, 2009 9:50 pm

Pasha wrote:Patience, perhaps you should try emailing the embassy to see if they would accept your application pending your EEA 2 application. The only reason I mentioned this is because most embassy states on their webiste that they require atleast 3 months leave left in your passport to even start processing a visa application.

Do you ordinarily need a visa to enter the UK? See the following thread, the first post highlights some issues your may encounter travelling with the COA at aiport immigration. The amount of leave that you get is atthe discretion of the immmigration officer, it seems...

http://www.immigrationboards.com/viewto ... 7&start=20

I choose not to email them.Doing so will imply I am expecting a refusal etc.

I got my first schengen Visa from them.I am sure they have that on their records.

So I will try again.

I am prepared for any immigration officer on my return.It does not bother me at all.

botvot · Post by **botvot** » Tue Feb 10, 2009 3:36 pm

Patience

Another question, slightly off the topic:
How long did you wait before receiving a confirmation from H.O. that they've received your residence card application? Weeks, months?

Thanks

Patience · Post by **Patience** » Tue Feb 10, 2009 9:49 pm

botvot wrote:Patience

Another question, slightly off the topic:
How long did you wait before receiving a confirmation from H.O. that they've received your residence card application? Weeks, months?

Thanks

Close to a month.

botvot · Post by **botvot** » Fri Mar 20, 2009 9:16 pm

Hi Patience

Any news on your Schengen application yet?

isceon · Post by **isceon** » Tue Apr 07, 2009 6:42 pm

Hi Patience

Any news on your Schengen application yet?

Patience · Post by **Patience** » Wed Apr 08, 2009 5:33 pm

Sorry guys.I have not made it yet.Will post here when I do.

Patience · Post by **Patience** » Fri May 08, 2009 7:39 pm

Patience wrote:Sorry guys.I have not made it yet.Will post here when I do.

hey guys.I just applied today.Will be needing a visa for a business trip to Germany.

Let us see what comes from it.

Applied by post.Will take 8 working days.

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Applying for a Schengen Visa with an expired Family Permit.

Applying for a Schengen Visa with an expired Family Permit.