Non-EEA Family Member travelling within EU

Silwin · Post by **Silwin** » Sat Sep 12, 2009 12:03 pm

Here's what I am and have
I am a non-EEA Family Member of an EEA national and have a 5 year residence permit.

What I need
What I need is to travel within the EU without a shenghen visa.

I've heard from some people that it is possible and some say it is not. Can someone please help me.

Thanks
Silwin

Rozen · Post by **Rozen** » Sat Sep 12, 2009 1:18 pm

Silwin wrote:Here's what I am and have
I am a non-EEA Family Member of an EEA national and have a 5 year residence permit.

What I need
What I need is to travel within the EU without a shenghen visa.

I've heard from some people that it is possible and some say it is not. Can someone please help me.

Thanks
Silwin

Depends which country your RC is from, and where you're going!
For example, I have a Dutch RC and can travel freely with no visa within the schengen area, but need to apply for an EEA FP to enter UK!

Silwin · Post by **Silwin** » Sat Sep 12, 2009 2:08 pm

what is RC?

I just need to go on holiday within the eu.

Rozen · Post by **Rozen** » Sat Sep 12, 2009 2:16 pm

Silwin wrote:what is RC?

I just need to go on holiday within the eu.

Your 5 year Residence Card! Which country issued it to you? And where in the EU do you want to go? It all depends.

Silwin · Post by **Silwin** » Sat Sep 12, 2009 2:19 pm

I dont have a residence card. I didnt apply for it as it wasnt necessary.

Can i not travel with a family permit on me passport?

UK has issued it to me. My dad is portuguese and i want to go germany

Plum70 · Post by **Plum70** » Sat Sep 12, 2009 4:31 pm

Sigh...!
In your opening post you said:

Silwin wrote:I am a non-EEA Family Member of an EEA national and have a 5 year residence permit.

Now you are saying:

Silwin wrote:I dont have a residence card. I didnt apply for it as it wasnt necessary.

Trying to wind someone up?

Can i not travel with a family permit on me passport?
UK has issued it to me. My dad is portuguese and i want to go germany

It is very clear - You were issued a 5-year UK RESIDENCE CARD/PERMIT (if you prefer) as the non-EEA family member of a Portuguese national. Correct? If so then, in theory, you should be able to travel to some EU countries w/out the need for an additional visa. You need to check the country's consular instructions first (in this case Germany).

Silwin · Post by **Silwin** » Sat Sep 12, 2009 4:39 pm

i think u ve got the wrong side of the stick.

I have a residence permit for 5 years which is on my passport. A residence card is something different right? Its a card with ur photo on it stating u have the right to stay within that country.

It is optional to have that in uk but compulsory for someone in germany as far as i know.

Rozen · Post by **Rozen** » Sat Sep 12, 2009 4:45 pm

Plum70 wrote:Sigh...!
In your opening post you said:
Silwin wrote:I am a non-EEA Family Member of an EEA national and have a 5 year residence permit.
Now you are saying:
Silwin wrote:I dont have a residence card. I didnt apply for it as it wasnt necessary.
Trying to wind someone up?
Can i not travel with a family permit on me passport?
UK has issued it to me. My dad is portuguese and i want to go germany
It is very clear - You were issued a 5-year UK RESIDENCE CARD/PERMIT (if you prefer) as the non-EEA family member of a Portuguese national. Correct? If so then, in theory, you should be able to travel to some EU countries w/out the need for an additional visa. You need to check the country's consular instructions first (in this case Germany).

Thanks Plum70.
As far as the OP is concerned, I give up...

Richard66 · Post by **Richard66** » Sat Sep 12, 2009 5:04 pm

If your father is Portuguese so are you. Apply for a Portuguese passport and forget about visas.

Silwin · Post by **Silwin** » Sat Sep 12, 2009 6:10 pm

not quite simple as that.

If i apply for portuguese i loose my indian nationality as Portugal do not allow dual nationality i think.

So m applying for british nationality next year.

Silwin · Post by **Silwin** » Sat Sep 12, 2009 6:15 pm

According to this Gremany requires a grata card, i think this is the residence card. What about Family permit on a visa? and what about family members wanting to travel to other EU countries

http://www.immigrationboards.com/viewtopic.php?t=27612

Silwin

charles4u · Post by **charles4u** » Sat Sep 12, 2009 8:35 pm

Silwin wrote:According to this Gremany requires a grata card, i think this is the residence card. What about Family permit on a visa? and what about family members wanting to travel to other EU countries

http://www.immigrationboards.com/viewtopic.php?t=27612

Silwin

I dont know why your getting confused when they have answered you.

In most cases...if you wanna travel with your EU spouse to any EU country, then you only need to hold your residence card for family member (EEA Family Permit should be acceptable also) and your marriage certificate.

NOTE: This is acceptable as visa-fee ONLY when your travelling with your EU spouse.

Silwin · Post by **Silwin** » Sat Sep 12, 2009 9:02 pm

but i am not holding a non eea family permit with my spouse, its a family permit with my dad and his name is in my passport

this is what is confusing me. all along it says spouse and never family member or non eea family member.

and secondly i want to travel on my own and there is no mention of how to travel without anyone

86ti · Post by **86ti** » Sat Sep 12, 2009 9:20 pm

Silwin wrote:but i am not holding a non eea family permit with my spouse, its a family permit with my dad and his name is in my passport

So the shiny sticker in your passport reads "residence permit"?

Silwin wrote:and secondly i want to travel on my own and there is no mention of how to travel without anyone

That's very clear: get a Schengen visa if you are a visa national. Exception may exist if you have an RC. Check with the respective embassy web pages.

Richard66 · Post by **Richard66** » Sun Sep 13, 2009 4:40 pm

You are Portuguese by virtue of birth. You have always been Portuguese: just because you do not have a portuguese passport does not mean you are not a Portuguese citizen. You can get your passport and the Indians will never knowe about it. You are not naturalising yourself, remember.

You should look into this: to pretend you do not hold an EEA citizenship because you think Portugal might not like it seems a flimsly excuse indeed, if you do not mind my saying so.

Take a look at this:

Descent from a Portuguese parent

A child born to a Portuguese parent is automatically a Portuguese citizen provided the parent was born in Portugal or is employed by the Portuguese state.

Otherwise the child may be registered as a Portuguese citizen.

Prior to 30 October 1981, there were restrictions on claiming Portuguese citizenship based on a Portuguese mother.

This is the law (http://www.coe.int/T/E/Legal_Affairs/Le ... ecreto.asp):

SECÃ‡ÃƒO II
Nacionalidade originÃ¡ria por efeito da vontade

Art. 6.Âº
1- Os filhos de pai portuguÃªs ou de mÃ£e portuguesa nascidos no estrangeiro que pretendam que lhes seja atribuÃda a nacionalidade portuguesa devem manifestar a vontade de serem portugueses por uma das seguintes formas:
a) Declarar, na ConservatÃ³ria dos Registos Centrais, que querem ser portugueses;
b) Inscrever o nascimento nos serviÃ§os consulares portugueses da Ã¡rea da sua naturalidade ou na ConservatÃ³ria dos Registos Centrais, mediante declaraÃ§Ã£o prestada pelos prÃ³prios, sendo capazes, ou pelos seus lcgais representantes, sendo incapazes.
2- A declaraÃ§Ã£o ou o pedido de inscriÃ§Ã£o atributiva da nacionalidade deve ser instruÃdo com prova da nacionalidade portuguesa de um dos progenitores.

Art. 7.Âº
A inscriÃ§Ã£o de nascimento de maiores de 14 anos, nas condiÃ§Ãµes do artigo anterior, sÃ³ pode ser lavrada mediante,o processo de autorizaÃ§Ã£o para inscriÃ§Ã£o tardia do nascimento, previsto no CÃ³digo do Registo Civil.

Art. 8.Âº
l- Ao nome dos indivÃduos a quem seja atribuÃda a nacionalidade portuguesa sÃ£o aplicÃ¡veis as regras legais em vigor acerca da composiÃ§Ã£o do nome, sem prejuÃzo do disposto no nÃºmero seguinte.
2- Se o interessado houver nascido no estrangeiro ou tiver outra nacionalidade, podem ser admitidos nomes prÃ³prios estrangeiros na forma originÃ¡ria, desde que admitidos no paÃs da naturalidade ou da nacionalidade.
3- No caso de atribuiÃ§Ã£o de nacionalidade mediante declaraÃ§Ã£o, o interessado indicarÃ¡ no respectivo auto a composiÃ§Ã£o que pretende adoptar para o nome, a qual deverÃ¡ ser averbada Ã margem do registo de nacionalidade e da transcriÃ§Ã£o do registo estrangeiro do seu nascimento; tratando-se de inscriÃ§Ã£o de nascimento atributiva da nacionalidade, ser-lhe-Ã¡ averbada a composiÃ§Ã£o originÃ¡ria do nome, quando demonstrada.
4- Se da alteraÃ§Ã£o da composiÃ§Ã£o originÃ¡ria do nome resultarem graves inconvenientes para a identificaÃ§Ã£o do interessado, pode o conservador dos Registos Centrais, a requerimento fundamentado do interessado, autorizar que o nome seja mantido com a composiÃ§Ã£o primitiva.

Here you will see Portugal does accept dual citizenship:

CAPÃ

Post by **Obie** » Sun Sep 13, 2009 4:54 pm

She can get an Indian overseas citizens passport which confer rights similar to that of, or on par with that of citizens of India. See this

She is failing to realise that the same situation will be present when she applies for British Passport next years, because she would be required to give up the Indian passport too.

I am a bit confused here. She doesn't want to apply for Portuguese passport because it will mean she would have to give up her Indian passport. Will the same not apply if she applies for a British Passport.

Also Portugal like the UK don't have issues with dual citizenship.

Richard66 · Post by **Richard66** » Mon Sep 14, 2009 10:44 am

The issue is that she is a Portuguese citizen, like or not.

Silwin · Post by **Silwin** » Mon Sep 14, 2009 7:00 pm

i emailed SOLVIT regarding my eea4 applications issue and they sent me this interesting link

http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf

I think it explains a bit and i understand that they say i can travel around with my rsidence permit but because i am from india i might need a visa.

daexpat · Post by **daexpat** » Mon Sep 14, 2009 7:22 pm

Silwin · Post by **Silwin** » Mon Sep 14, 2009 7:25 pm

yeh, he was. we were a part of a portuguese colony so he is portuguese by birth.
I never bothered to change mine years ago so i am still having indian passport.

Richard66 · Post by **Richard66** » Tue Sep 15, 2009 11:47 am

What I am trying to tell you is that you are a Portuguese citizen! You DO NOT NEED TO CHANGE ANYTHING! Just get your Portuguese passport. All you need is your birth certificate and your father's. You will have far less problems than if you insist on travelling into a Schengen country with your UK residence card.

Maybe I cannot make myself clear, in which case I apologise.

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