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First with ur residence permit, you still need a visa for italy -NO DOUBT.tsar555 wrote:My husband is a British citizen and I am a non-EU national.
Based on the 2004/38/EC directive, I had misunderstood that I could travel with my spouse to Italy without a visa. We have booked non-refundable tickets from the 7th to the 14th of June.
However, on further inspection, the Italian consulate website has the following instruction -
[family members of EU nationals who do not have the nationality of a Member State, but have the new residence permits issued by the British Home Office bearing the specific following indication:
"RESIDENCE DOCUMENTATION Type of Document: Residence Card of a Family Member of an EEA National" will not need a Schengen visa for a short stay in Italy."]
While I have a 2 yr Resident permit on the basis of a spouse visa, the permit does not specifically state "residence card of a family member of an EEA national".
Does that mean that I cannot travel without a visa to Italy? Please help, as there is almost no chance of us getting an appointment for a visa in one week.
The other thing is that I have a valid Schengen visa(issued by the Netherlands) for a 5 day duration which ends on the 12th of June. (However, our trip is for 8 days with return booked for the 14th of June).
What are my options? (aside from canceling or cutting short my trip!!!)
Wrong.charles4u wrote:Secondly, the fact you have a valid schengen visa, you can visit italy and depart from Italy the 12th of june. I advise u not to stay a day extra.
So what you are saying here is that ...someone who holds a student pass in cyprus for example and married with an EU citizen can both go together to Netherlands ....just bcus he or she has a marraige certificate to prove ?benifa wrote:Wrong.charles4u wrote:Secondly, the fact you have a valid schengen visa, you can visit italy and depart from Italy the 12th of june. I advise u not to stay a day extra.
A visa is a form of entry clearance only. The right to reside is very different.
tsar555 - you have a valid Schengen visa. As long as it's in date when you enter Italy, you are entering in the company of (or to join) your UK national spouse, you both have your valid passports and (a copy of) or marriage certificate - you entry into Italy cannot be refused.
Once in Italy, you both have the right to remain, for up to three months, without any further conditions or formalities.
Enjoy your holiday.
2. After entry, you have a right to remain in Italy for up to three months.EU Directive 2004/38/EC, Article 5(2) wrote:Right of Entry
2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
3. UK Immigration Officers are not too concerned with what you do outside of the UK. Their concern is protecting UK borders only.EU Directive 2004/38/EC, Article 6 wrote:Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.