Non-EU Spouse without Schengen Visa

[fielddrive]

I write this experience after first driving through the Channel Tunnel and later flying via British Airways.

On both occassions, we left it too late to get a visa from the relative Embassy so thought I'd post my experience with the hope that it helps someone.

Experience 1.

Operator: Channel Tunnel
Mode of transport: Driving my own car
Location: Cheriton
Border Guards: France
Summary: I drove up to the passport check booth (operated by French authorities) and handed my passports and stating that we were unable to get a visa for my wife in time for this trip. I offered that I have all the documentation to prove she is my wife and that we are going for a road trip for a week. Without saying anything he had a look at her, did some checks on the computer and stamped the passport. No questions asked or documents requested.
Observation: It was quite busy and we expected for it to take a while but were happy it only took the usual if not less time. Schengen border guard manual suggests that a visa be issued on the spot, however, don't expect a vignette, it is just a stamp allowing you to enter the region.

Experience 2.

Operator: British Airways
Moder of transport: airplane (!)
Location: Heathrow
Destination: Italy
Border Guards: Italian + BA checkin agent
Summary: We tried to checkin online but on my wife's boarding pass it said we need to see someone to verify documentation. We got to the checkin counter and while the staff were professional and courteous, they had no clue if they could let us on the flight. The first agent called her supervisor, who while had worked for a number of years did not know about a legislation that could allow my wife to travel with me. She said the airline gets fined if they allow someone to get on the flight without a visa. They then called someone who first were not sure she could travel if she did not have a EEA/EU family permit. I told her that I wish to travel under Directive 2004/38/EC, which allows my wife to travel with me. When she quoted this on the phone to the person on the other side, she was allowed to let my wife travel by putting some info in the computer. Once we landed in Italy, I handed our passports without saying much. After a look through her passport, the border guard wanted to see her UK residence permit. Upon presenting that, he immediately stamped the passport and we were on our way.
Observation: We had all the documentation with us proving our intent and relationship, however, it was never asked for. We found that you need to be aware of the exact rule/directive that allows you to travel (e.g. Directive 2004/38/EC) and be prepared to do a lot of explanation to airline checkin agents. Italians were obviously interested to know if my wife was resident in another EU country so this may not work for people who are unable to show they live in another EU country.

Notice that while on both occassions we were fully prepared with documentation, we were never asked for it. In my opinion a bit of explanation on the airport and a bit of a delay to explain your situation is still a better bet than spending at least 2 days going in to an Embassy or visa centre for a visa beforehand. Granted the visa is free but the hassle of getting there and then waiting for a week to hear back is still a pain.