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Travelling to Belgium - UK Spouse VISA holder

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harv
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Travelling to Belgium - UK Spouse VISA holder

Post by harv » Wed Mar 28, 2012 5:03 pm

Hi

I am British citizen and my wife has recently come to the UK (from India) on a UK Spouse VISA. We are thinking of going to Belgium on the Easter Bank holiday Weekend for a couple of days. However I am not sure how I should get any VISA for my Wife (if required).

We will be traveling in our car (ferry to France) to Belgium.

If she needs to get a Schengen VISA, which embassy should I apply to for a quick turn around (France or Belgium?). Also can someone please outline the list of Documents needed to apply for a Schengen VISA as I am not sure why should we provide sponsorship letter or hotel reservation when I (UK citizen) is traveling with her.

Your suggestions and help is most appreciated!

Thanks
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Mar 28, 2012 9:19 pm

If your wife is a visa national (an Indian passport holder would be) then she will need a Schengen visa.

It would appear that Belgium is your main destination so that's were you should apply. The directive 2004/38 applies to your case so you she will be able to get a free, facilitated visa.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Mar 28, 2012 9:21 pm


harv
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Post by harv » Wed Mar 28, 2012 9:41 pm

Thanks for the reply

Although wife is Indian passport holder but she is carrying British Spouse VISA which I believed would exempt her from the need to get VISA to travel in the EU as long as I am travelling with her.

Please correct me if I am wrong.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Mar 28, 2012 9:51 pm

Sorry, I suspected as much from your footer. She will need a visa.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Mar 28, 2012 9:54 pm

If you read the second page of the link to the PDF I posted, read part B. That part applies to your wife (or rather will when she gets her UK residence permit). Her UK visa won't except her from visa, but will make demonstrating the family link to you easier (and that is a plus).

ca.funke
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Belgium

Re: Travelling to Belgium - UK Spouse VISA holder

Post by ca.funke » Wed Mar 28, 2012 11:50 pm

harv wrote:...any VISA for my Wife (if required)...
Legally, she does not necessarily need a visa. Read "EEA family member without Residence Card (Part 2)" in the following thread.
http://www.immigrationboards.com/viewtopic.php?t=95372

I´d recommend a visa anyway.

Rgds, Christian

Jambo
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Post by Jambo » Thu Mar 29, 2012 12:08 am

my own experience when crossing the channel using the Eurotunnel is that French border control don't seem to like the early morning hours. On a few occasions, the booth was just closed so you might not need to show the visa at all.

harv
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Post by harv » Thu Mar 29, 2012 9:43 am

@Jambo

I have the same opinion. I went to Belgium through Ferry and personal car in Summer 2009 and 2010 and during both the trips we were not checked by the French authorities. We got off the ferry and straight onto the road without any stops.

The thing is, We are planning to go there on Friday the 6th of April. So if we go about applying for a Schengen VISA we might not get her passport back on time (even if the VISA is granted). So I was thinking of going without a VISA for her.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

harv
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Post by harv » Thu Mar 29, 2012 10:51 am

Hi Guys

So to be on the safe side I will try to apply for the VISA.

I am thinking of applying either at French or Belgian embassy. Which one do you think I should apply to? I just want to save time so need to find out which one would be faster in getting the VISA issued on the passport.

Here is the journey plan:

Friday 6th - Ferry to France
Friday 6th - Drive to Belgium

Monday 9th - Drive to France
Monday 9th - Ferry to UK
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

SoHopeful
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Post by SoHopeful » Thu Mar 29, 2012 4:12 pm

Congrats on getting the visa Harv...

I would just get it anyway, but will you get it in time??

harv
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Post by harv » Thu Mar 29, 2012 5:25 pm

Thanks SoHopeful

Yes, I was tempted to get it done today but had a second thought.

Since our past 2 journeys no French immigration officials checked our passports, we are going to wing it this time mainly because of the time constraints. If I had more time I would have opted to get the VISA.

Hopefully everything goes well.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

ca.funke
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Belgium

Post by ca.funke » Thu Mar 29, 2012 6:42 pm

harv wrote:...we are going to wing it this time...
Hi harv,

you´re opting for the "dangerous", albeit possible option.

Make sure you read all details you can, know your right and have the law handy, also in French (as per details in the other threads).

After your (attempted) trip, please do give feedback on how it went!

Rgds, Christian

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Mar 29, 2012 7:48 pm

Just make sure you know what you are doing. You will be trying to enter without a visa, but will need to show that your wife qualifies for treatment under the directive article 5.4.

harv
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Post by harv » Fri Mar 30, 2012 10:54 am

Hi

Yes I am taking the potentially dangerous route.

I have got myself equipped with the print outs of the section 5.4 in case I need them.

The only thing I was wondering whether I am going to have any issues entering the UK? There will be checks from the authorities both French and British. Hopefully since we will be coming back I suppose they would not say anything.

I will update this thread once I am back from the holidays (fingers crossed)
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Mar 30, 2012 3:45 pm

I don't foresee any issues getting back to the UK as your wife has a valid UK visa (or at least I assume it's still valid).

harv
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Post by harv » Fri Mar 30, 2012 4:47 pm

Thanks EUsmileWEallsmile

Yes she has Valid UK Spouse VISA stamped on 20 March 2012 valid for 27 months.

Thanks for the help.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Mar 30, 2012 7:45 pm

Just remember, have your marriage certificate and passports with you. The spouse visa will also help show the family link. Take copies of the directive in both French and English.

Post back with your experience.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Apr 07, 2012 11:30 pm

How did the entry into Schengen land go?

http://eumovement.wordpress.com/2010/08 ... to-travel/ has more details on travelling without a visa when you are a family member of an EU citizen.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Apr 08, 2012 12:07 am

Hopefully will get a response soon.

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