Non EU spouse traveling alone to Schengen

[Erik84]

I'm a Swedish citizen and my wife is a citizen of the Ivory Coast. We both live in Ireland and my wife holds an EU Fam Stamp 4 residency permit for Ireland.

Now, we were planning to travel together to the Ivory Coast passing by France, taking one flight from Dublin to Charles de Gaulle and then another from Orly to the Ivory Coast.

For this transit, my wife obtained a multiple entry EU family visa at the French embassy in Ireland. There was no fee as she was going to travel together with me. And yes, I know in theory she shouldn't need a visa since she is traveling with her EU spouse and she holds an Irish residency permit. However, France unlike many other Schengen countries seem to require a visa even in this case.

Anyhow, now it looks like I won't be able to make the trip, but my wife still needs to go. My worry is that since the visa was meant for travels together with her EU spouse she will not be allowed into France traveling on her own.

Any thoughts?

[86ti]

However, France unlike many other Schengen countries seem to require a visa even in this case.

I suppose you got that information from the Dublin embassy. The London embassy would tell you the exact opposite.

Anyhow, now it looks like I won't be able to make the trip, but my wife still needs to go. My worry is that since the visa was meant for travels together with her EU spouse she will not be allowed into France traveling on her own.

A Schengen visa is a Schengen visa and I suppose the visa does not mention that you would accompany her.

[Erik84]

I suppose you got that information from the Dublin embassy. The London embassy would tell you the exact opposite.

Yes indeed. Guess the French inconsistency worked in our favor this time.

Anyhow, now it looks like I won't be able to make the trip, but my wife still needs to go. My worry is that since the visa was meant for travels together with her EU spouse she will not be allowed into France traveling on her own.

A Schengen visa is a Schengen visa and I suppose the visa does not mention that you would accompany her.

Sounds good. The thing is, a while ago she had a Schengen visa for France with no EU family mention costing 60€- and unsurprisingly that worked fine for traveling on her own. This one looks the same except the additional EU Family (UE/EEA Famille) mention.

[acme4242]

The main thing here is its transit. Regardless of being EU family

http://ec.europa.eu/justice_home/fsj/fr ... 620_en.pdf

AIRPORT TRANSIT VISAS
Legal basis: Visa Code, Article 3
1.3. Which nationalities are subject to an airport transit visa requirement?
The list of third countries whose nationals must hold an airport transit visa when passing
through the international transit areas of airports situated on the territory of the Member States
is set out in Annex 7A.
A Member State may individually require nationals from certain third countries to hold an
airport transit visa when passing through the international transit areas of airports situated on
its the territory, see Annex 7B.
1.3.1. Which categories of persons are exempted from the airport transit visa
requirement?
The following categories of persons are exempt from the obligation to hold an airport transit
visa:
a) holders of a valid uniform visa, national long stay visa or residence permit
issued by a Member State;
b) holders of a valid visa issued by – Bulgaria, Cyprus, Romania, Liechtenstein, the Ireland or the United
Kingdom
– Canada, Japan or the United States of America
or when they return from those countries after having used the visa;
The exemption of holders of valid visas issued by Bulgaria, Cyprus, Romania, Ireland, the
United Kingdom, Canada, Japan or the United States of America applies irrespective of
whether the person concerned travels to the country that issued the visa or to another third
country.

Example: A Nigerian national holding a valid Canadian visa is travelling from Lagos
(Nigeria) via Frankfurt (Germany) to Bogotá (Colombia).
This person does not need to hold an airport transit visa when transiting through the
international transit area of Frankfurt airport.
However, if a third-country national holdings an expired visa issued by Bulgaria, Cyprus,
Romania, the United Kingdom, Ireland, Canada, Japan or the United States of America
returns from a third country other than the issuing country, he is not exempted from the
airport transit visa requirement:
Example: A Nigerian national holding an expired Canadian visa is returning from Bogotá
(Colombia) to Lagos (Nigeria) via Frankfurt (Germany).
This person needs to hold an airport transit visa when transiting through the international
transit area of Frankfurt airport.
c) holders of a valid residence permit
– issued by Ireland or the United Kingdom;
– issued by Andorra, Canada, Japan, San Marino or the United States of
America guaranteeing the holder's unconditional readmission, see Annex
7C;
d) family members of citizens of the Union covered by Directive 2004/38/EC,
irrespective of whether they travel alone, to accompany or join the EU citizen,
(see Part III);
e) holders of diplomatic passports;
f) flight crew members who are nationals of a contracting Party to
the Chicago Convention on International Civil Aviation.

[Erik84]

It's only technically a transit if one never leaves the international zone in an airport.

Our case is really a short stay since it's involves going from Charles de Gaulle Airport to Orly. Actually, even going between the two CdG terminals is not a transit.

[El shaddai]

Schengen is Schengen it doesnt matter if you are going together or not,as long as the schengen visa is valid definitely she will be allow to enter alone without any hassles.