Wife (chinese national) with ILR in UK - travel to europe

[tusken]

Hi
I am sorry for the slightly basic questions but I must admit to be thoroughly confused by this subject as a lot of websites have conflicting advice.

I am a british citizen. Does my wife, a chinese national who has recently acquired ILR status for the UK, still require a schengen visa to visit other european states? I would hope not as we are tired of the hassle of applying for them.

Does my wife need a 5 year residence card, ie in her passport to show that she is married to a EU citizen?
which particular application form would we need for that please?

thanks in advance

[Plum70]

Yes she will need a schengen visa until she naturalises as British. However, the schengen visa should be issued free of charge with a simplified application process as she is married to EU national.

[tusken]

thanks for your reply - but what is the point of this thread then?
http://www.immigrationboards.com/viewto ... sc&start=0

can i not exercise my treaty rights so that my wife can travel with me to europe, visa free?

[86ti]

thanks for your reply - but what is the point of this thread then?
http://www.immigrationboards.com/viewto ... sc&start=0

can i not exercise my treaty rights so that my wife can travel with me to europe, visa free?

Sure you can. Read chapter 5 of the ECIS, in particular the parts about how HO interprets the Surinder Singh ruling. But that may be not what you want since your wife already has ILR...

[tusken]

thanks very much 86ti

so, just to confirm , my wife should apply to get a residence card/stamp IN ADDITION to her ILR stamp which is already there?

has anyone on this forum experience of doing that?

I have seen other threads where non eu nationals have just taken their passport with the ILR stamp, and their marriage certificate to the EU national, together with a copy of the relevant directive (as backup, just in case) - and they have been ok.

it seems odd that my wife should have to get a residence card stamp to prove a status she can already prove with her existing passport with ILR and our marriage certificate

any input very much appreciated. Even on this thread the advice differs.

[86ti]

so, just to confirm , my wife should apply to get a residence card/stamp IN ADDITION to her ILR stamp which is already there?

No, it's either ILR or residence card. The condition for a RC is to have exercised your treaty rights before. But that's explained in the link I gave you (chapter 5.5). Have you seen the 'resided in another member state' bit?

I have seen other threads where non eu nationals have just taken their passport with the ILR stamp, and their marriage certificate to the EU national, together with a copy of the relevant directive (as backup, just in case) - and they have been ok.

Legally possible. May work at ferry ports or St. Pancras where you can meet French border police face-to-face. But airline staff for instance may not even let you board.

it seems odd that my wife should have to get a residence card stamp to prove a status she ca already prove with her existing passport with ILR and our marriage certificate.

But they are not proving the same. The RC documents the status under EEA regulations.

[tusken]

it seems odd that my wife should have to get a residence card stamp to prove a status she ca already prove with her existing passport with ILR and our marriage certificate.

But they are not proving the same. The RC documents the status under EEA regulations.[/quote]

thanks for clearing that up. Quite depressing all the same. I cant believe that apart from hopping over to france via eurostar or a ferry, my wife is still going to have to get a schengen or else face uncertainty and countless arguments with border officials.

[Plum70]

Your case is no different to countless non-EEA family members in possession of a UK Residence Card who find that it is less strenuous to obtain a free schengen visa compared to the hassle of proving to border officials that they are eligible to travel within the EU without one.