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Documents proving rights as the non-EU spouse of EU citizen?

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philip28
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Documents proving rights as the non-EU spouse of EU citizen?

Post by philip28 » Tue Jan 16, 2018 8:12 am

I have travelled extensively in and around Europe (the Schengen area) many times.
However it was mostly for business with a Type-C business visa issued by Germany, France, Italy etc.
I have also lived in the UK for many years.

However, for the first time ever, I will be entering the Schengen zone with a Type-C visa issued for spouses of EU citizens. You know, the one issued for free if you are married to an EU national and travelling with them or meet them..

I know for a fact having dealt with many officials not all of them know the rules and regulations, which can sometimes lead to trouble in communicating.

It is my understanding having read posts here and "Your EU" webpage that as the non-EU spouse of an EU citizen:

- I can use the "EU" passport queues
- I do not have to present a return ticket (although I have one..)
- And I do not need to show how much money I am carrying if asked about finances

What document can I print in advance and carry with me (besides our marriage certificate, of course) to show to the Schengen border police my rights?

Thank you for your kind help

mgb
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Posts: 649
Joined: Tue Dec 17, 2013 8:28 pm

Re: Documents proving rights as the non-EU spouse of EU citizen?

Post by mgb » Tue Jan 16, 2018 6:09 pm

EU directive 2004/38 Article 5 right of entry and article 6 Right of residence for up to three months.
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

secret.simon
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Re: Documents proving rights as the non-EU spouse of EU citizen?

Post by secret.simon » Tue Jan 16, 2018 11:30 pm

philip28 wrote:
Tue Jan 16, 2018 8:12 am
It is my understanding having read posts here and "Your EU" webpage that as the non-EU spouse of an EU citizen:

- I can use the "EU" passport queues
- I do not have to present a return ticket (although I have one..)
- And I do not need to show how much money I am carrying if asked about finances

What document can I print in advance and carry with me (besides our marriage certificate, of course) to show to the Schengen border police my rights?
Will you be travelling with your spouse or will you be travelling to meet/join them? If you are not travelling with your EEA citizen spouse, the border guards may want details about the presence of your EEA citizen spouse in the Schengen area. Your rights as the spouse of an EEA citizen spouse are entirely dependent on the presence of the EEA citizen spouse in the same immigration space (i.e. Schengen zone, the UK, etc).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

philip28
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Posts: 12
Joined: Tue Jan 16, 2018 8:05 am
Cyprus

Re: Documents proving rights as the non-EU spouse of EU citizen?

Post by philip28 » Wed Jan 17, 2018 8:05 am

secret.simon wrote:
Tue Jan 16, 2018 11:30 pm
philip28 wrote:
Tue Jan 16, 2018 8:12 am
It is my understanding having read posts here and "Your EU" webpage that as the non-EU spouse of an EU citizen:

- I can use the "EU" passport queues
- I do not have to present a return ticket (although I have one..)
- And I do not need to show how much money I am carrying if asked about finances

What document can I print in advance and carry with me (besides our marriage certificate, of course) to show to the Schengen border police my rights?
Will you be travelling with your spouse or will you be travelling to meet/join them? If you are not travelling with your EEA citizen spouse, the border guards may want details about the presence of your EEA citizen spouse in the Schengen area. Your rights as the spouse of an EEA citizen spouse are entirely dependent on the presence of the EEA citizen spouse in the same immigration space (i.e. Schengen zone, the UK, etc).
Thanks for bringing it up. You are right that the border guards may want details about the presence of EEA citizen. I am aware of the conditions. But yes, naturally :) I got the visa to visit my spouse so I will be travelling to visit my spouse. Proving joint travel (or meeting at a location) is one of the few necessities of receiving this visa anyway.

Still BTW if you have the knowledge I'd appreciate your answers to my questions, ie, can I use the EU queues, (although I got it) how can I tell them I don't need to show a return ticket etc., or open up my wallet etc.

philip28
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Posts: 12
Joined: Tue Jan 16, 2018 8:05 am
Cyprus

Re: Documents proving rights as the non-EU spouse of EU citizen?

Post by philip28 » Wed Jan 17, 2018 8:08 am

Hi @mgb! Thank you for taking the time to answer. I learned a lot from your posts on this forum.

I checked the document but I do not see anything about not having to produce a return ticket or show financial means or using EU queues.

If I run into a border guard who isn't well aware of the conditions of my visa, I want to be able to stand up for myself and my rights. Can you please tell me besides the article 6, what can I have on me (or tell them) if questioned about the above?
mgb wrote:
Tue Jan 16, 2018 6:09 pm
EU directive 2004/38 Article 5 right of entry and article 6 Right of residence for up to three months.
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

mgb
Senior Member
Posts: 649
Joined: Tue Dec 17, 2013 8:28 pm

Re: Documents proving rights as the non-EU spouse of EU citizen?

Post by mgb » Wed Jan 17, 2018 4:06 pm

The family member need only a visa for crossing the border if accompany or join the eu citizen.
The term is "entry visa" in article 5.
The right for a unconditional stay up to 3 month is coming directly from article 6 of the directive.
Return ticket or financial means wouldn't match the term "without any conditions or any formalities" in article 6.

Additional you can refer to article 134 of the schengen convention.

Article 134

The provisions of this Convention shall apply only in so far as they are compatible with Community law.

philip28
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Posts: 12
Joined: Tue Jan 16, 2018 8:05 am
Cyprus

Re: Documents proving rights as the non-EU spouse of EU citizen?

Post by philip28 » Wed Jan 17, 2018 5:58 pm

mgb, thank you so much for explaining. I am really grateful. Wish I could do more besides saying thanks.
This answers my questions and beyond.
mgb wrote:
Wed Jan 17, 2018 4:06 pm
The family member need only a visa for crossing the border if accompany or join the eu citizen.
The term is "entry visa" in article 5.
The right for a unconditional stay up to 3 month is coming directly from article 6 of the directive.
Return ticket or financial means wouldn't match the term "without any conditions or any formalities" in article 6.

Additional you can refer to article 134 of the schengen convention.

Article 134

The provisions of this Convention shall apply only in so far as they are compatible with Community law.

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