EEA2 and travelling to The Netherlands

[Zainab786]

Hello everyone,

My husband got his EEA2. I am going to the Netherlands end of july.
My husband wants to come aswell. But, can he travel alone with his RC?
And does he needs a Schengen-Visa?

Someone told me, that he doesn't needs a visa, but he can only travel with me. Is this correct?

Thank you,

Zainab786,

[SRAQAI]

Hi Zainab,

Where is your husband traveling from? Is it the UK? I think that if he is traveling from within the EU, he shouldn't have any problems, but I think that technically, if his card has something like "Family member of EU Citizen" written on it, then he might need to show extra evidence of this and this 'evidence' might be you having to accompany him. Legally, you should be accompanying him, but I 'think' in practice, they are not going to demand to see his wife at the border. Its a risk, I think, depends on how 'clued up' the official he gets at the border is, on immigration rules.... although on the other side of the coin, he will see that your husband has a visa and a Euro card and just wave him through....

I suggest you call the airline that he will be traveling with, some have info on their website as to what documents they need to allow travel.... Even British Citizens traveling to the EU, from the EU, 'technically' do not need passports, if they can prove otherwise that they have the 'right' to free movement within the EU. I really doing think he will have any problems.... good luck

[Zainab786]

Hi Sraqai,

Thanks for your asnwer. My husband is travelling from the UK. I called
Easyjet today, but they had no idea. I surfed on the website of the Dutch Embassy, but it's not really clear for me. Is it maybe an idea to call the
Dutch Embassy?

Thank you,

Zainab786,

[SRAQAI]

Hi Sraqai,

Thanks for your asnwer. My husband is travelling from the UK. I called
Easyjet today, but they had no idea. I surfed on the website of the Dutch Embassy, but it's not really clear for me. Is it maybe an idea to call the
Dutch Embassy?

Thank you,

Zainab786,

Zainab - according to EU law, if your husband the residency card, as a spouse if an EU citizen, then you HAVE to travel with him when he travels. Him traveling alone, is technically 'breaking' the EU regulations, as he is only covered by EU regulation, as long as you are with him. If the border official knows abt the regulations, then your husband could have problems if he is alone. Your husbands visa and RC is sufficient for travel, under EU regulation but only, I repeat, if you are with him. If he wants to travel alone, he would need a schengan visa and supply all documents, bank statements etc, as if he is not married to you. Calling the dutch embassy and telling them that your husband will be traveling alone is not a good idea, I wouldnt recomment it. They cud cause problems and revoke his residency card and question your relationship, since he shouldnt be in EU 'alone'. Hope this makes sense.

[Zainab786]

Ok thanks. We are married. If he/we apply for a schengen visa, what documents do we need? I am going to the Netherlands for my delivery, due date is half september. I want my husband to be there with me. Is this an acceptable reason and can you tell me how and where to apply for a schengen visa? Is there also a possibility that my brother or his sister in the Netherlands will sponsor him? What is the easiest and quickest way
that he can get a schengen visa?

Thank you.

Zainab786

[SRAQAI]

Ok thanks. We are married. If he/we apply for a schengen visa, what documents do we need? I am going to the Netherlands for my delivery, due date is half september. I want my husband to be there with me. Is this an acceptable reason and can you tell me how and where to apply for a schengen visa? Is there also a possibility that my brother or his sister in the Netherlands will sponsor him? What is the easiest and quickest way
that he can get a schengen visa?

Thank you.

Zainab786

Well he can obtain a Schengan visa in the same way that he obtained the Schengan visa he had, before getting his residency card.... from the Embassy. You should check the embassy website for details of what documents you want, but I think you need to show that he has at least 55Euros per day for each day he plans to visit, details of accommodation/where he will stay, if someone is providing this accommodation, then a letter from them detailing their support. You also need a travel itinerary and flight tickets booked, along with travel insurance covering him for at least 30,000Euros.... and anything else they may ask for.

[appel]

In July I travelled with my spouse from the UK to the Netherlands. We travelled through Belgium. She received her EEA2 residency permit 2 weeks before. (I am Dutch). Before we went with a Schengen visa and hers just had expired.

Off the ferry in Belgium the initial response of immigration was: she does not have a Schengen visa. We explained that this is not needed as we live and work in the UK and EU rules apply. The immigration lady was clearly not in the know and said to herself remarks like "eeh, how does this work again?". In the end she let us through, without giving an entry stamp, saying "I don't want to get into trouble, it seems ok but I will not stamp it. If anyone asks: say it was very busy."

On the way back it was the same deal at the Belgium check point: "She does not have a Schengen visa". Told him this is not needed. This guy was more grumpy. He seemed to think it was ok but warned us this could "get us into trouble" and we should "watch out". I asked him several times what we should watch out for as our papers are alright and valid. He did not dare to elaborate and said he would not "discuss". (He just like to leave it to vague threats)

Conclusion is that border control does not know the rules well and will hassle you. I found it very unprofessional. I don't minde writing a complaint to the Belgium immigration department. So if anyone knows an address.

The ferry check-in also checks for a visa (both ways) After a telephone call they would say it's fine.

In October we plan to take a ferry to Holland. See if the Dutch immigration is in the know about EU rules.

[acme4242]

In July I travelled with my spouse from the UK to the Netherlands. We travelled through Belgium. She received her EEA2 residency permit 2 weeks before. (I am Dutch). Before we went with a Schengen visa and hers just had expired.

Off the ferry in Belgium the initial response of immigration was: she does not have a Schengen visa. We explained that this is not needed as we live and work in the UK and EU rules apply. The immigration lady was clearly not in the know and said to herself remarks like "eeh, how does this work again?". In the end she let us through, without giving an entry stamp, saying "I don't want to get into trouble, it seems ok but I will not stamp it. If anyone asks: say it was very busy."

On the way back it was the same deal at the Belgium check point: "She does not have a Schengen visa". Told him this is not needed. This guy was more grumpy. He seemed to think it was ok but warned us this could "get us into trouble" and we should "watch out". I asked him several times what we should watch out for as our papers are alright and valid. He did not dare to elaborate and said he would not "discuss". (He just like to leave it to vague threats)

Conclusion is that border control does not know the rules well and will hassle you. I found it very unprofessional. I don't minde writing a complaint to the Belgium immigration department. So if anyone knows an address.

The ferry check-in also checks for a visa (both ways) After a telephone call they would say it's fine.

In October we plan to take a ferry to Holland. See if the Dutch immigration is in the know about EU rules.

useful educational material to carry.

"Practical Handbook for Border Guards (Schengen Handbook)"

http://register.consilium.europa.eu/pdf ... 0.en06.pdf

6. ‘Persons enjoying the Community right of free movement’ are nationals of EU Member
States, EEA countries and Switzerland, as well as members of their family, regardless of
their nationality, accompanying or joining them.
:
:
:
3. Special rules for checks on certain categories of persons
3.1 Persons enjoying the Community right of free movement
3.1.1 Persons enjoying the Community right of free movement are authorised to cross the border
of a Member State on the basis of the following documents, as a general rule:
– EU, EEA, CH citizens: identity card or passport;
– members of the family of EU, EEA, CH citizens who are nationals of a third country:
passport. They may also be required to have an entry visa, if they are nationals of a third
country subject to the visa obligation, unless they are in possession of a valid residence
permit or card, issued by a Member State (or by EEA countries or CH).

the laws and rules concerning free-movement of EU citizens family
holding a residence card are over 7 years old now, introduced by
EU directive 2004/38/EC
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

[Directive/2004/38/EC]

I would also always carry your marriage certificate with you when you travel. It gives you a fall back option: http://eumovement.wordpress.com/2010/08 ... to-travel/