E.U States Allowing Visa free Travel-E.U Fam&Residence c

[hunpak]

Thats bad you should complain to solvit and sue the Germans and ask them for damages..

i am travelling to Portugal next month lets see how it goes..

well .. guys me and mrs living and working in the uk
i have RC valid till 2014 being a eu family member
in august 2010 we planned holiday in spain
i got a flight via frankfurt (germany)
when we landed at frankfurt airport .. border force refused to accept UK resident card of EU and didnt let us go to plane for spain .
they kept saying . UK is not in schengen.. i explain them every thing but they didnt seem to bother..
they didnt give me any paper evidence . that we have been refused. to go spain via germany being a eu family member .with valid resident card
. so next morning we had to travel back to UK.
EU laws.... well better to get visa before travel to avoid humilation .
thanks

[wiz]

Freedom of Movement inside the EU, EEA and the Schengen or non Schengen Countries.

Hello everybody

I am a Greek national with Dual Nationality (British is the second) and I live in the United kingdom permanently for many years.

My wife is a Russian National and has acquired a UK Resident Card since 2008.

During the past 2 years we have travelled freely, several times and WITHOUT the need of any type of Visa for her, in France and Greece, with no problems at all, except a 5 minute delay in Athens, when exited the country last January, till the female officer.... educated her self about the EU regulations, from the Copy of the Greek Law I supplied her!

In actual fact apart from one British stamp in her passport (no time to stop the officer in Dover) she has no other stamps.

Having read this thread today, noticed a lot of countries and Consulates give out the wrong information and in the Case of the German immigration officer, who refused to allow onward flying to Spain a totally illegal action. I agree with hunpak and if it was me I would sue the German because he had no right to stop you even that the UK is not part of the Schegen Aquis. Take a look at the German Consular site:

http://www.london.diplo.de/Vertretung/l ... seite.html

You *DO NOT* need a visa for short stays in Germany if you are:

1. a citizen of the EU/EEA/EFTA

2. a partner (married, common-law or same sex) or child of an EU/EEA/EFTA national if you hold a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card" - and only if you are travelling together with the EU/EEA/EFTA national.

Hunpak who is travelling to Portugal next month, I don't think you will have any problem because Portugal has already transposed the EU Directive 2004/38/EU into their National Law on the 9 August 2006 with their Law 37/2006.

http://www.secomunidades.pt/web/londres ... Legislacao

When first time I wanted to travel to France, I wrote to the French consulate and got a reply that my wife Must have a Schegen Visa. I made a petition to the EU Parliament and the French Government had to change their rules.



Take note to the highlighted comments ......... it clearly says that you can travel in any country who is a member of the EU, without a visa BUT.......
The republic of Ireland is refusing to transpose the Directive 2004/38/EU into their National Law...... so I made another Petition and waiting for the results.




I hope my post will help some people when they have to travel in the EU countries......

The biggest problem is the ignorant people of the airlines.... so visit the relevant Consulate site and make a copy of their information about visa.

I always take with us, the first reply by the commission to me, as it's very clear......and never had any problems.

Good luck.

wiz

[hunpak]

Dear wiz

that was very kind of u for explaining things in detail and i admire people like you who just don't sit back and instead retaliate if something wrong is happening.

i have had some communication with Portuguese consulate general and they informed me that the immigration staff at firo airport are fully aware of EU/EEA regulations and i can print the conversation i had with them.

Freedom of Movement inside the EU, EEA and the Schengen or non Schengen Countries.

Hello everybody

I am a Greek national with Dual Nationality (British is the second) and I live in the United kingdom permanently for many years.

My wife is a Russian National and has acquired a UK Resident Card since 2008.

During the past 2 years we have travelled freely, several times and WITHOUT the need of any type of Visa for her, in France and Greece, with no problems at all, except a 5 minute delay in Athens, when exited the country last January, till the female officer.... educated her self about the EU regulations, from the Copy of the Greek Law I supplied her!

I hope my post will help some people when they have to travel in the EU countries......

The biggest problem is the ignorant people of the airlines.... so visit the relevant Consulate site and make a copy of their information about visa.

I always take with us, the first reply by the commission to me, as it's very clear......and never had any problems.

Good luck.

wiz

[wiz]

Hunpack

Thanks for your comments and yes I am determine not to let the EU countries of the hook and will complain in anyway possible.

The Republic of Ireland.......is a pain in the backside.....but soon the EU Petition Department will get a decision and will force them to transpose the Directive into their National Law.

I now also pursuit the President of the Russian Federation regarding Equal treatment to the EU citizens, partners married a Russian National woman and yes his office does reply to letters......

[MelC]

Can I just comment on the airlines ~ the data system that they use:

it is NOT up to date, this is in another thread.

The company that provides the data is pressing brussels very hard to get some confirmations form them as different states are applying different rules, for which there is absolutely no excuse, the direcive is 6 years old, its implentation should be 4 years old, updates due tot he Metock ruling should be at least a year old ~

the data provider, however should be able to update to accommodate the directive, but some countries accept different residence documents as well as or in place of the EU Res Cards this creates a lot of problems for all of us travelling with non eu spouses!!

The reality is that THEY ALL KNOW ~ they just don't like it and will try and stop people from moving freely whenever they can ~

petitions TAKE A LONG TIME ~ but the only way to have our rights acknowledged IS TO PETITION as none of it is isolated incidents!!!!!

once is an isolated incident ~ this forum PROVES its a CONSTANT!!!

[marm1te]

Can someone help me with this question:

I would like to know if anyone has ever encountered or heard of problems returning to the Schengen zone via a member state other than where one's residency* is held?

* My wife is Moroccan national who is resident in Spain (5yr residents permit as the spouse of a EU national resident in Spain) so an example would be trying to board a plane to Paris in Marrakech.

The post is here

[Obie]

It took quite long, even took a change of government, but neary 5 years after directive 2004/38EC came into force, Ireland has changed its visa regulation to comply with Article 5(2) of the directive. Effective from April 25, it appears Ireland has changed its legislation to allow holders of the resident card under Article 10 of the directive free travel.
A big thanks to Directive for updating the Irish forum on this

[86ti]

It took quite long, even took a change of government, but neary 5 years after directive 2004/38EC came into force, Ireland has changed its visa regulation to comply with Article 5(2) of the directive. Effective from April 25, it appears Ireland has changed its legislation to allow holders of the resident card under Article 10 of the directive free travel.
A big thanks to Directive for updating the Irish forum on this

I think the this was first mentioned here. In that comment there is also a link to the relevant piece of legislation the SI 146/2011.

[ck4137]

Can a third-country national with family resident card issued in Germany as the spouse of Irish national go to Ireland without an Irish visa?

[ping26]

Hello All,
Appreciate all the informations found on this forum but I'm after something specific. My wife gave birth few months now and she would like to go to see her familly and stay for a while with them and in the mean time, I want to travel with her for some few days. I know that I wont need a Visa if I travel with her but I wonder if I return alone as I'm working, will they be any issues at the boarder?

Thanks for any clarification,

[ca.funke]

hi ping26,

I´d suggest you read this first:
http://www.immigrationboards.com/viewtopic.php?t=75081

Your question is "slightly" unspecific:

We don´t know your nationalities, not your current immigration status, not where you are now, not where you want to go...

Like this, I´m afraid, it´s impossible to clarify anything for you.

Regards, Christian

[ping26]

Thanks for your reply ca.funke and sorry for not being that clear,
Well I’m an Algerian National and married with a French national, we both live in UK and I hold a family member of an EEU national VISA stamp on my passport.
We have been several times to France, three times with a Visa (Not knowing that I can travel without one) and some few times with out to France, Greece and also Belgium.
We had a baby some few weeks ago and my wife need some close relatives and family for support and be around her, we are planning to go to France in the next couple of days and our baby and wife will be staying at her family place for some few week. I will be travelling without a schengen Visa this time and now my question is, Would I be able to come back to UK alone as I’m working as I can get only few days holidays? Wondering if I will get troubles at the boarders?

[Directive/2004/38/EC]

well had same problem with uk family residence card.. was going to spain via barcelona . and they didnt let me go . through
and i had to come back to uk
and my wife was travelling with me as well

What exactly happened? What visa or Residence Card did you have? Were you carrying your marriage certificate?

[Directive/2004/38/EC]

We had a baby some few weeks ago and my wife need some close relatives and family for support and be around her, we are planning to go to France in the next couple of days and our baby and wife will be staying at her family place for some few week. I will be travelling without a schengen Visa this time and now my question is, Would I be able to come back to UK alone as I’m working as I can get only few days holidays? Wondering if I will get troubles at the boarders?

How will you be traveling to France?

You should definitely carry your marriage certificate with you and print out a copy of http://eumovement.wordpress.com/2010/08 ... to-travel/

It sounds like your wife will only temporarily be out of the UK following the birth of the baby. You should have no problems reentering the UK, but I would make sure you carry the marriage certificate and a photocopy of her passport.

[Directive/2004/38/EC]

I wanted to mention in this thread too, that Ireland has now (2011 yea!) agreed to accept Residence Cards issued by all other EU member states for family members of EU citizens. Possession of such a Residence Card means you do not need to have a visa.

More details in the Irish forum thread: No irish visa required if you have any Residence Card

[Alhe]

The last March 8 my husband(Portuguese),daugther(Portuguese) and I(Cuban) tried to travel from Lisbon to London without success, we bought the tickets online and the money (to make matters worse) was not returned, the airline, EasyJet. We prepared all the documents listed here (from marriage certificate translated and legalized in the embassy until birth certificate of my daughter who is Portuguese including a copy of the Border Force Operations Manual – EEA Nationals & their Dependents and my residence card document issued here in Portugal in 2010 and still valid ) as a lawyer recomended us , but they did not read them, was a harrowing experience see my daughter crying, screaming dad!, but he could not stay with us because it was imperative for him traveling to London(as he studies there), today I am still in Portugal and the biggest problem is that here the embassy is not attending visa issues,so I should travel to Madrid to do it, but it is so complicated since I live alone with my daugher here. In a few days we will try again through the English Channel by train, anyone knows how the system works there?Do I have probabilities?

[ca.funke]

Hi Alhe,

what happened to you is ILLEGAL.

Unfortunately very few people know the law correctly (borderguards, airlinestaff...).

If you want you can sue the airline for compensation, and you should win pretty easily.

This would take its time, and thus might not help in your current situation...

...let us know what you plan to do.

Rgds, Christian

[Alhe]

Thank you very much for your response,Christian. We are planning to travel to France and then across the Channel to try to enter the UK, I want to know exactly how it works, if first I have to go through the French officers (at the time of boarding the train) and then reach British officials want to know if, say, France will not let me move, if they can deny me get to the English authorities (claiming that I have no visa) to show all my documents, that is my concern...

[86ti]

So you have a residence card issued according to Article 10 of the Directive 2004/38/EC? You say that your husband is Portuguese and you live in Portugal. To have such a residence card you both would first have to have lived in another member state and your husband exercise treaty rights there. Is that your situation?

[ca.funke]

Hi 86ti,

2004/38/EC provides for two modes of travel:

1. with the appropriate residencecard
2. >>By carring all papers necessary to apply for the residence card, even if you don´t have it<<

I´m not saying it makes lots of sense, but I always thought that´s the way it is...?

[86ti]

I am fully aware of that. If the OP doesn't have a RC they would formally need a visa. The airline can then certainly ask for one. But you said they have acted illegally which is not even clear yet.

[ca.funke]

...If the OP doesn't have a RC they would formally need a visa...

I think they do NOT need a visa, formally or otherwise:

Consider Article 5, Section 4 of 2004/38/EC:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

With

• their passports AND
• their marriage-certificate AND
• a copy of >>2004/38/EC<< in English and >>Portugese<< with the relevant parts highlighted

they should manage to pass, without any visa.

Actually, from what I read above, that´s what they did but were refused.

--> ILLEGAL --> claim for compensation should easy!

[86ti]

I do not agree with you because Article 5(2) specifically allows member states to require an entrance visa. This is the case in the UK (and probably any other member state). Section 4 says the "Member State concerned shall" but the OP has not even seen a representative of a member state at that stage. Airlines are most likely in no position to verify documents (esp. foreign documents) and I think it is reasonable for them to refuse to do so. What they could do is to get into contact with authorities that can. If they call the UKBA the answer would be probably very clear. It is pure speculation how the Portuguese legal would deal with a compensation claim.

[Alhe]

So you have a residence card issued according to Article 10 of the Directive 2004/38/EC? You say that your husband is Portuguese and you live in Portugal. To have such a residence card you both would first have to have lived in another member state and your husband exercise treaty rights there. Is that your situation?

(:oops: 86ti,apology for the private message, wanted to send it this way but did not know how)

Thank you for your answer .My English skills are still developing so let me see if I did understand, you mean in the UK?Yes,my husband have been living in London for about six years(actually he is now studying there and is a jobseeker too and he worked before)That's why we want to go there,because is too difficult and expensive traveling all the time from London to Lisbon and from Lisbon to London...

[Alhe]

...If the OP doesn't have a RC they would formally need a visa...

I think they do NOT need a visa, formally or otherwise:

Consider Article 5, Section 4 of 2004/38/EC:

Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

With

• their passports AND
• their marriage-certificate AND
• a copy of >>2004/38/EC<< in English and >>Portugese<< with the relevant parts highlighted

they should manage to pass, without any visa.

Actually, from what I read above, that´s what they did but were refused.

--> ILLEGAL --> claim for compensation should easy!

That's why I want to know if, with this variant, we have intermediaries, I mean, if the French authorities involved before we can get to the English border and act as a filter (as happened at the airport with the airline) will be more complicated. I have no problem to show all documentation and deal with British officers, but if first I have to go through the French, will be double work and reduce the chances ...