Undocumented spouse travelling with eu husband to france

[judasiscariot]

I needed some advice. I will give you a low-down of the situation.

I am undocumented but recently married to a french citizen. He lives/works in france but comes to the uk to visit me regularly. Now I am planning to go and join him there for good. We are planning on travelling together by train across the channel. I have a new (blank and without any visa stamps) passport that I have just been issued from my original country and a copy of our marriage certificate (as proof of relationship to an eu citizen) along with utility bills in both our names at our rented uk address. My husband is also taking his french passport on the journey.

Bearing in mind that my husband is French (there are usually french immigration officials checking documents before boarding continent bound trains across the channel) we have set our destination to belgium (because my husband would be an eu citizen there and thus eu rights would be accorded me, his third country spouse as opposed to france where national law would apply because he is french ).

Do you reckon that would be enough to convince the french / british immigration authorities at the boarding place to let us travel and allow us a hitch-free passage?

[askmeplz82]

I needed some advice. I will give you a low-down of the situation.

I am undocumented but recently married to a french citizen. He lives/works in france but comes to the uk to visit me regularly. Now I am planning to go and join him there for good. We are planning on travelling together by train across the channel. I have a new (blank and without any visa stamps) passport that I have just been issued from my original country and a copy of our marriage certificate (as proof of relationship to an eu citizen) along with utility bills in both our names at our rented uk address. My husband is also taking his french passport on the journey.

Bearing in mind that my husband is French (there are usually french immigration officials checking documents before boarding continent bound trains across the channel) we have set our destination to belgium (because my husband would be an eu citizen there and thus eu rights would be accorded me, his third country spouse as opposed to france where national law would apply because he is french ).

Do you reckon that would be enough to convince the french / british immigration authorities at the boarding place to let us travel and allow us a hitch-free passage?

as long you both are married there is no problem but the problem is travelling to France. as far as i know you can travel to any EU country with marriage certificate with your husband but no the country where EU national from. SO travelling to france is an issue. I wonder if french immigration will allow you to travel without Schengen visa

my wife is Polish and i am not european but when i went to Poland i needed VISA but not to other countries

[sjimoh112]

Here is what I found for you-

Unless their presence constitutes a threat to law and order, the following people are authorized to enter France:
foreigners who are not living in a polygamous marriage and are married to a French national, provided that they enter France through legal channels and that they are still living together, that the spouse remains a French national and, when the marriage was performed abroad, that it was entered into the French Civil Register beforehand,
foreigners who are not living in a polygamous marriage and are the father or mother of a French minor child residing in France, provided they establish that they have actually been contributing to the support and education of the child as provided in article 371-2 of the civil code since the birth of the child or for at least a year,
alien children of French nationals, if those children are under 21 or they are their parents’ dependents,
ascendants who are dependents of French nationals and of their spouses

2- Arrival of the family in France

OFII is responsible for receiving the foreign family in France. The Agency performs the mandatory medical examination and invites all adult family members issued a residence permit for the first time to stay in France to sign a Reception and Integration Contract, so as to make their cultural and linguistic integration easier.

http://www.ofii.fr/faire_venir_son_epou ... n_149.html

[judasiscariot]

Let me clarify the situation;

We are taking a train from UK to Brussels (not UK to France)

Eu spouse is French

Non-eu spouse is travelling with a newly issued,blank passport with no visa or resident permit

We will eventually travel from Brussels to France (which shouldn't be a problem,since it's from one schengen country to the other)

We are travelling with:

# Eu-national's passport

# Non-eu spouse's passport (Blank, newly issued passport,no visa or residence permit in passport)

#Marriage certificate

# Utility bill in both our names (to proof residence in uk)

DO YOU THINK THE DOCUMENTS LISTED ABOVE ARE ENOUGH TO CROSS FROM UK TO BRUSSELS WITHOUT A VISA?

[EUsmileWEallsmile]

The above could be considered to be sufficient to prove by other means entitlement. See directive 2004/38/ec section 5.4.

[judasiscariot]

Thanks so much everyone!! We'll see what happens...

[Directive/2004/38/EC]

Has your French husband been working outside of France? In the UK for instance?

[judasiscariot]

[quote="Directive/2004/38/EC"]Has your French husband been [u]working[/u] outside of France? In the UK for instance?[/quote]

He's self-employed in the uk, what documents do you think we can take with us to prove his self-employment?

Or would the utility bill in both our names be enough?

[EUsmileWEallsmile]

A self-employed person would benefit from the terms of Singh. Evidence that he is self-employed and evidence that you are living together would suffice.

THat all said, obtaining a visa should be relatively quick and uncomplicated.

[judasiscariot]

THANKS ALL FOR YOUR ADVICE.WE WERE ABLE TO TRAVEL WITHOUT ANY HASSEL.
ALL WE TOOK WITH US WAS OUR PASSPORTS AND OUR MARRIAGE CERTIFICATE.

[EUsmileWEallsmile]

Great, thanks for posting back.

[Directive/2004/38/EC]

Where was the border crossing actually done?

Any questions asked? Any interesting colour?

[judasiscariot]

We took a train (Eurostar) from st.pacras to brussels. The border guard we saw took us to his boss;who warned that the only problem might be the uk officials letting us back in without a visa.
He kept on asking why we did not wait to get a visa before travelling and was trying to tell us it is our right but,there might be problems coming back to the uk so,it might not be advicable for us to travel ;he then continued to stress that repeatedly for close to 8mins;we listened , thanked him politely and repeatedly told him it's our right to travel but,after close to 10mins of him repeating that i decided to bring out the ''schengen handbook for border guards'',immediately he saw that ,he said he knows what's in the handbook and i should not bother showing him the relevant sections ;said we can go on to board train and adviced again to get a family member visa before coming back to the uk.
It all took us less than 15 minutes to let us through;they didn't ask for any other document apart from our passport / eu identification card and proof of our relationship.