NON-EEA NATIONAL WITH UK RESIDENCE PERMIT TRAVEL QUERY

[richard_hearsey]

Can anyone advise on this question? My partner is a Ukrainian national and has just been issued a residence permit in the United Kingdom as the unmarried partner of myself - a British citizen.

I am trying to work out if the following EU law now applies? The following was received following a query to the European Commission .....

Reply
If you are planning to travel with your partner in the EU, your UK residence permit is acceptable in lieu of a visa. This is provided for under Directive 2004/38 which became law on 30th April 2006. However, before travelling, I would strongly recommend that you check with the Embassies of the countries which you propose to visit that they will accept the residence card in lieu of a visa – this law is very recent and is taking some time to take effect in some countries. In response to whether you should be treated the same as the spouse of an EEA national when travelling, the answer is yes. Further information on travelling as a “family member” of an EU citizen in the EU is available on the following website: www.europa.eu.int/youreurope/ Click on the factsheets.

I have been trying to find out from the French embassy whether they will accept her passport and residence permit in lieu of a Scengen visa, but can not get any straight answers.

Does anyone have any knowledge of this one as the law theoretically came into force at the end of April.

[Dawie]

If you read the French consulates FAQ section, they state quite clearly that a UK residence permit DOES NOT excempt you from requiring a Schengen visa.

You can read it here:

http://www.consulfrance-londres.org/art ... 18d33eeb32

[richard_hearsey]

I know about that FAQ, but unfortunately that website has not been updated for a very long time.

I have just seen this as well:

EXTRACT FROM ILPA EUROLETTER MAY 2006

New residency rights are immediately applicable despite being implemented in ONLY five of the 25 EU countries.

The EU ’s Free Movement directive, agreed in April 2004, has entered into legal force and aims to grant a raft of rights to European citizens, their partners and family members. Individuals denied the rights can demand enforcement in national or EU courts and ask the European commission to take up their case.

European Justice Commissioner Franco Frattini warned national governments that the law was “immediately applicable” – whether implemented or not. “For those member states that have not transposed, the directive applies immediately”, he told a press conference. “The provisions recognising rights will be immediately in force and are mandatory for all administrative authorities, in spite of non-transposition by member states, including municipalities”.

Brussels is asking EU capitals to inform relevant authorities that national courts and tribunals will be expected to interpret national law in the light of the directive.

[scrudu]

I cannot speak from personal experience, but have also read the following from http://europa.eu.int/youreurope/nav/en/ ... ml#23297_3:

Non-EU nationals legally residing in the territory of a Member State have the right to travel (up to three months) within the European Union:

On the basis of the Schengen acquis, a valid residence permit from a Schengen Member State, together with a travel document, can substitute for a visa. Thus, a third-country national presenting his/her passport and a valid residence permit issued by a Schengen Member State is allowed to enter another Schengen Member State for a short stay without needing a visa. This equivalence does not apply to residence permits issued by the United Kingdom and Ireland, since they do not apply these provisions of the Schengen acquis.

[scrudu]

Apologies, after re-reading the text from http://europa.eu.int/youreurope/nav/en/ ... ml#23297_3 I realise that this would not apply to someone with a UK Residence Permit as the UK are not part of the Schengen Agreement.