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Resident Card Of Family Member Of An Eea National Equal Visa Free To Europe ?


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#11 Mutly

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Posted 30 July 2009 - 07:45 PM

Yes, but my point is that they were not aware of ANY such residence documentation and would have queried the very same RC issued to a non-EEA spouse of a EU/EEA national. By the way, I did have a schengen visa at the time, but their interest in my RC was to ensure that I was "permitted" to re-enter the UK. In this case my RC did apply 100%.


Ahh thanks, yes that's of course fully logical, *penny drops*. ;)



#12 walithew

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Posted 30 July 2009 - 08:33 PM

For France: http://www.ambafranc...n-European.html

Family members of an European Union citizen (excepting French national)

The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:

- a valid travel document;
- a valid UK residence permit with the endorsement "family member of EEA national" (this endorsment is compulsory to be visa exempted) ;
- and if they are joining or travelling with the EU national.

However if you do not satisfy the above conditions, you will need to apply for a visa to travel to France (for instance if your residency is not explicit or if you are travelling to France for business).

Note that children and parents of EU Nationals still require visas to travel to France. Its also the case for the spouses of British citizens as their residence permit does not bear the endorsment " family member of EEA national" as required by the art 10 of the European Council/Parliament Directive 2004/38 CE.


To be on the safe side, you can print this and the directive and take them with you. For Spain however, see linked thread, it seems much more difficult.
Or as Pumpkin suggested, apply for a Schengen visa. It is issued as a priority and is free (like your previous visa for Hungary).


So the conclusion is if you would like to travel to europe the only open door visa-free for RC is France... cause is the only one that states it on their website . and then from there you can move freely to other countries in the EU ? and second what is it the problem with spain ? They don't apply the same rule despite being an old member . -_-

#13 Mutly

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Posted 30 July 2009 - 08:50 PM

So the conclusion is if you would like to travel to europe the only open door visa-free for RC is France... cause is the only one that states it on their website . and then from there you can move freely to other countries in the EU ? and second what is it the problem with spain ? They don't apply the same rule despite being an old member . -_-


Austria too: http://www.bmeia.gv....eed-a-visa.html

They're not the only ones, but the matter is not consistent. As for Spain, only the Spanish government could say why their position is such as it is.

#14 Pumpkin70

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Posted 31 July 2009 - 04:42 PM

An example: Last year, the French check-in staff at CDG were uncertain about waiving me on to my UK-bound flight despite inspecting my RC which clearly stated: "non-EEA family member of a Swiss national". But after some explanation they yielded and admitted that they had never seen a UK residence card before nor knew what rights/freedoms it represented.


This provision, 5(2), does not apply to family members of Swiss citizens, so that was a good outcome. (Which I assume is why you've got a Schengen visa from the French embassy.) Countries may choose to apply it, as the UK does, but don't have to. (By the same token, UK residence cards do not entitle the holder to visa free entry to Switzerland.)

By the way Mutly, Article 5(2) DOES apply to family members of Swiss nationals. Reference: Section 3.1 - Persons enjoying the Community right of free movement.

Edited by Pumpkin70, 31 July 2009 - 04:45 PM.


#15 Mutly

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Posted 31 July 2009 - 05:07 PM

By the way Mutly, Article 5(2) DOES apply to family members of Swiss nationals. Reference: Section 3.1 - Persons enjoying the Community right of free movement.


No it doesn't. ;)
None of the directive applies to Swiss citizens and their family members.



Article 1

Subject

This Directive lays down:

(a) the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members;


What you've cited is the Schengen Handbook and "member state" is a reference to Schengen member states. Thus it covers Swiss, Norwegian and Icelandic residence cards and permits. (Switzerland does not issue residence "cards" under 2004/38/EC as it doesn't apply, but residence permits, "Aufenthaltsbewilligung". EU residence cards issued by Germany or Austria are called "Aufenthaltskarte".) There is no requirement that Schengen member states honour a UK, Irish, Romanian or Bulgarian residence card as a family member of a Swiss national, or that these four countries honour those of the other three, or that the honour a Swiss residence permit as a family member of an EU national. They may of course choose to do so. Within Schengen however, yes, they are covered. (Example Russian citizen with French residence card as a family member of a Swiss national may travel to Germany.)

#16 Pumpkin70

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Posted 01 August 2009 - 06:10 PM

The result of the EU-Swiss agreement on the Free Movement of Persons brings the Swiss and their family members under the same umbrella as EU/EEA nationals&their FMs. This is simply because the same rights of the latter are conferred on the former.

For instance, the UK took the initiative to amalgamate 'The Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons' into the 2006 EEA Regulations simply because of their equality of purpose. They reasoned (in the spirit of the agreement perhaps) that it was unnecessary to implement a separate registration procedure for Swiss nationals&their FMs just because, by law, they are not EU/EEA nationals.

I think that this makes logical sense compared to the French (and God knows who else) refusing to extend the visa-free concession or allowing me travel within the EU on my RC.

If by virtue of the above agreement my husband can travel and reside freely in any EU member state, how can I be said to be benefitting from the same rights if I cannot travel with him/to join him on the strength of my RC OR without needing to pre-apply and pay for an entry visa? I don't see how I have any real freedom of movement.

I am hoping that the AIRE Centre is helpful with this either way it goes.

Will post an update when it comes.

Edited by Pumpkin70, 01 August 2009 - 06:19 PM.


#17 amino2005

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Posted 08 January 2010 - 12:14 PM

Hi I know this question might have been asked many time but I wont to make sure whether I need or not visa to travel to europe? I have 5 years resident card of family member of an eea national as I am algerian married to a polish citizen living in the Uk and would like travel to France or Spain /I travelled Last years to Hungary and Norway with my wife and in both countries i had a shangen visa.However I ve heard recently that it is not a requisite .That would be great if it is true as it would save me time and we could travel anytime we wont. I kept looking online for the info but coudn 't find it.if anyone knows it would be very helpful .thanks
Regards
Walid
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salam brother,
i am algerian, and my wife is an eu citizen, and i have a 5 years residence card, i can confirm that you can travel to france without visa with your wife and original and translated copy of your mariage certificate, make sure you have them, i have been recently to france and it was straight forward

i hope this helped
take care salam alikoum




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