EU Travelling with ILR Visa

[errol100]

My partner just received her 2 year ILR Confirmation allowing her to work etc etc, but with everything going on we have not had a chance to plan our honeymoon, but I always intended to do this after we had got this visa out of the way.

Now that she is on a spouse visa, we are looking to travel from the UK to France.

Does she need a visa to go to France (she is non EU citizen). I guess she does, but I just wanted to confirm.

[geriatrix]

Yes.

regards

[Ben]

Yes.

regards

Not necessarily.

errol100, what is the nationality of your spouse?

[Wanderer]

Errol's partner is a Krrrug from the planet Krrrugistan in Outer Space...

Actually, she's White Russian, or Belorussian, or from Belarus, the Russian word for 'White' being 'Beliy/Belaya/Beloye' according to gender and case, Rus' the old word for Russia, as in Kievan Rus', the orginal indigenous Russian people, centred more around the Ukraine historically.

Bollocks to all that, she need a Schengen visa....

Pub lunch-tastic - hic!

[Ben]

You're some fruit and nut, Wanderer.

[mrlookforward]

Dont want to sound disrespectful, but sometimes people come here with really dumb and silly questions. If you go to french embassy website, it tells you in very crystal clear terms as to who needs a visa and who doesnt. Others just jump in and start giving un-necessary advice or start an analysis. If after reading the information on the website, someone cannot establish if they do or do not need a visa, then I would say that the person is not fit to get a visa for any country in the world, let alone france.

[rcha123]

You could do it if you have a UK spouse because you would be going as their spouse, as opposed to on your own ILR. I think you have to get the advice
from any good advocate or any travel agency who give you complete information and have a good contact with other country.

[mrlookforward]

God, why do people just have to give opinions, when there is no need to. French embassy website has all the information already.
Why should someone pay hundreds of pounds for advice from an advocate, when the actual visa costs around £50.

[Wanderer]

You could do it if you have a UK spouse because you would be going as their spouse, as opposed to on your own ILR. I think you have to get the advice
from any good advocate or any travel agency who give you complete information and have a good contact with other country.

Don't understand what you mean, explain please.

OP is a BC and his missus is a Belorussian National with a Spouse visa (FLR not ILR, OP made an error there), so as I see it she definately needs a Schengen visa, which should be issued without charge.

[mrlookforward]

You could do it if you have a UK spouse because you would be going as their spouse, as opposed to on your own ILR. I think you have to get the advice
from any good advocate or any travel agency who give you complete information and have a good contact with other country.

Don't understand what you mean, explain please.

OP is a BC and his missus is a Belorussian National with a Spouse visa (FLR not ILR, OP made an error there), so as I see it she definately needs a Schengen visa, which should be issued without charge.

Its just an urge to give advice, even if they dont know what they are talking about.

[mrlookforward]

Oh yes, slipped out of my mind. Spouse of eu citizen dont need to pay visa fee, plus do not have to provide many details or the proofs. Its basically a question of filling up the form and getting the visa.

[geriatrix]

Yes.

regards

Not necessarily.

errol100, what is the nationality of your spouse?

She does.

regards

[errol100]

Thanks for the response on this, I see it caused more of a discussion than intended

I have been in contact with the French Consular in London and she told me that there is a new EU directive that means she does NOT need one, but to come anyway because it would be dependent on the immigration officer in france.

But as she said it is dependent on them, whilst they would not accept postal applications for citizens of Belarus; I should 'on the chance' go to the embassy, but they could not guarantee we would get our passports back in time.

Given that I am situated 150 miles away from where I may, or may not need to go (and I have 4 hours driving to do before I even considered this trip), then I decided not go to and to prove it within the EU regulation at the borders if I needed to (Passport / Work Permit (which is EU certified) / Marriage Certificate and photocopies thereof.

Basically she fits under 3 categories

1. no visa required as long as she provides passport / proof of UK residency / marriage cert and travelling with me)

2. visa required if you do not fulfil every requirement above

3. shengen visa required (short stay).

Now, here is the thing - I also rang the Edinburgh office and they will not talk to you if you are from England EVEN THOUGH the same rules apply.

I feel sorry for those citizens of Berwick!!!.

Thanks again ladies and gents

[86ti]

I have been in contact with the French Consular in London and she told me that there is a new EU directive that means she does NOT need one, but to come anyway because it would be dependent on the immigration officer in france.

[...]

1. no visa required as long as she provides passport / proof of UK residency / marriage cert and travelling with me)

She was probably referring to Article 5(4) of Directive 2004/38/EC (this article is based on the MRAX case, I believe). Proof of residence should not be required, only a proof of relationship. You would first have to see an IO to find out if it works. Airlines most likely wouldn't let you board but it may well work with the Eurostar at St. Pancras.

[mrlookforward]

You are forgetting one very important point. EU regulations have allowed travel without visa for non eu nationals when they are travelling with their eu spouse, for ages.

But then, airlines are not interested in being immigration experts who want to be learned individuals at eu directives/laws.

If you do not have a visa, they will not let you board the aircraft. Simple.