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Author Topic: UK resident women and EU & Schengen Visas.  (Read 15625 times)

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Offline Manny

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UK resident women and EU & Schengen Visas.
« on: May 02, 2007, 09:32:45 AM »
UK resident women and Schengen Visas.

For these purposes we are talking about women who are married and have 2 year Further Leave To Remain (FLR) visa/residence permit or Indefinite Leave To Remain residence (ILR). As the UK is EU, but not a participant in the Schengen scheme, you need a separate Schengen Visa (for participating countries) or a visa for the non Schengen country you wish to go to.

With FLR or ILR a multiple entry Schengen Visa seems to be automatic, indeed it is a right as a wife of a UK citizen; so there is unlikely to be any hassle obtaining one. France being our closest neighbour is the easiest one to get, often you can get it by mail and it will be free!

A French issued Schengen Visa should be good for travel to the following places: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden plus Iceland and Norway (which are not EU members). Also, you can gain access to Malta on any Schengen Visa. Also, a Schengen Visa is good as a transit visa (for trips of up to 5 days) to the following countries: Cyprus, the Czech Republic, Hungary, Latvia, Poland, Slovakia and Slovenia.

However, in practice, there are rules apertaining to the use of Schengen Visas and each country may take a different view if the Visa is not issued by them or a close neighbour. I would not advise using a French issued Visa to gain single entry into Norway for example. With a French issued one, one could feasibly enter Holland or Belgium on it being on their way to France for example with little difficulty, (We have done that) but stepping off a plane from England at an Aiprort in Norway may elicit a different opinion from the border guard than the true intended spirit of Schengen.

In theory, you should use a French Schengen Visa for journeys that are either en route to France or when France is the entry point from the UK to your final destination, and technically they can not allow you into for example Holland on it as an entry point.
However, this not only seemingly contravenes some EU rulings, but I have yet to hear of this actually happening in practice. A Schengen visa is a Schengen Visa and if asked, you are on your way to France aren’t you?

To obtain the French Visa you need only send her passport, your passport, your marriage certificate and two photographs together with extra photocopies of the marriage certificate and the passports, and a completed application form which can be found here: http://www.diplomatie.gouv.fr/fr/IMG/pdf/visagb.pdf

You send these things to the French Embassy in London by mail:

French Consulate General,
Visa Section,
6A Cromwell Place,
P.O. Box 57,
London, SW7 2EW.

Ours took less than one week including post each way, so they seem quite fast. Postal applications can be made only of you live in one of the districts listed here: http://www.consulfrance-londres.org/article.php3?id_article=326 but if you don’t, maybe you are on a long visit to your friends who do live in a district you can do a postal application from.

More info can be had from the French Embassy Website here: http://www.ambafrance-uk.org/ and from the EU website here: http://europa.eu/abc/travel/index_en.htm
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Offline Gorky Guy

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Re: UK resident women and Schengen Visas.
« Reply #1 on: May 02, 2007, 10:36:29 AM »
Bit of extra info for the adventurous traveller, with which I know Manny is familiar, but others may not be.

According the EU Directive 2004/38/EC, the foreign-born spouse of an EU national does NOT require a visa to enter ANY member state.

Yep, you heard right. If you are legally married to a an EU citizen you do not need a visa to enter any EU country. That's the law in theory.... (see below).

The actual wording of the relevant part of the directive is:
Family members who do not have the nationality of a Member State enjoy the same rights as the citizen who they have accompanied. They may be subject to a short-stay visa requirement under Regulation (EC) No 539/2001. Residence permits will be deemed equivalent to short-stay visas.

Both FLR and ILR are deemed to be equivalent to short-stay visas.

The European Commission is supposed to submit a report to the European Parliament and the Council on implementation of Directive 2004/38/EC and any new proposal by 30 April 2008 at the latest.

Member States were supposed to have taken the necessary measures to comply with the Directive by 30 April 2006 at the latest. So far, (AFAIK) only Spain has. Though I have been told that the Netherlands does not require a visa from the spouse of an EU National in order to enter Holland. The same may apply to the Germany - but don't quote me!

The French embassy told me it requires a visa but, when challenged, admitted that the directive expressly makes this requirement redundant. Typical Gallic contrariness!

In short the law clearly says 'no visa' but individual member states are still arguing about it, never mind any nearer to implementing it!

I have written to a number of other EU embassies asking them what their position is on the directive and what steps they have taken to implement it. I'll keep you posted on the replies I get.

I anyone has any up-to-date info on EU DIRECTIVE 2004/38/EC please feel free to update this post or correct my information.

My wife and I intend to test the waters later this year by traveling to France from the UK WITHOUT obtaining a visa for her. Whilst we may encounter some red tape I am pretty confident that waving a copy of the directive under their noses accompanied by the oft repeated phrase 'Droit de libre circulation et de séjour des citoyens de l'Union et des membres de leur famille' should get us in!
Marriage is the triumph of imagination over intelligence : Oscar Wilde -- 

Offline Manny

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Re: UK resident women and Schengen Visas.
« Reply #2 on: May 03, 2007, 10:31:06 AM »
MALTA

As Malta is not quite intergrated into the Schengen yet, although any Schengen visa will get you into Malta, if you don't have one, you can get a specific Malta only visa by mail. Here is how to do it………

You get the form from here: http://malta.embassyhomepage.com/ then you send it to:

High Commission of Malta
Malta House,
36-38 Piccadilly,
London W1V 0PQ.

With 2 pics, (that they don't even use) travel confirmation print out, and a POSTAL ORDER (not a cheque/cash/credit or debit card) for £28, you fire it off. First off ignore the guidance notes on the form that refers to spouses of EU citizens, about how you should miss out the questions on her job, and how travel booking info is not required, IT IS , they called us when I filled in the paperwork to the letter to ask these questions, when I queried their rules, as posted on their website, they said ahh, er… well….. although the form says that, we still need it as we are not fully integrated into the Schengen yet, and we do need the info. So ignore the form guidance and answer all questions. (Correct as at March 2007)

Visa takes about 2 weeks, arrives back in the stamped addressed envelope you should also enclose, looks like a Schengen Visa but is marked "Malta Only" on it.  8)

If you are thinking of heading to Malta, check out my musings of our last visit: http://ruadventures.com/forum/index.php?topic=5

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Offline Manny

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Re: UK resident women and Schengen Visas.
« Reply #3 on: May 03, 2007, 10:55:45 AM »
ESTONIA

Estonia is in the Schengen zone.

If your woman is still resident in Russia or elsewhere, you will need to get an invitation, an invitation can be made by any citizen of Estonia but must be registered first in the special office in Tallinn, (your Estonian friend will thank you kindly for making him queue for 2 hours to get it) - All you will get then is a number. This number is to be entered on the application form and will be cross referenced by the Estonian Embassy against the invitation paperwork submitted in Tallinn. After that, the usual financial info and compelling reasons to return to her country must be submitted as with any other EU visa. Estonia, as it borders Russia tends to be OK about giving Russians visas.

If your woman is EU or UK resident, it is a breeze..................

You get the form from here: http://web-static.vm.ee/static/failid/150/Schengeni_Eesti_viisa_taotlusankeet.pdf

There is now an online application form, but it is not set up for longer periods or to exclude the questions wives of EU citizens need not answer. If applying as an EU resident, I suggest using the postal one, if applying from outside the EU, the online one will do fine and can be found here: http://www.estonia.gov.uk/visas_passports/visa_application_forms

Ignore any questions marked with an asterix * - they do not apply for wives of EU citizens. For days requested put 365.

You send the form, one passport style photo, husbands Passport and marriage certificate and a covering letter that states clearly that you want your documents returning by mail - (as they are a bit dim and are prone to leave it sat in a tray) - dont forget to enclose ZERO money, its free!

Send it to:

Estonian Embassy.
16 Hyde Park Gate .
LONDON.
SW7 5DG.

It will take them about two weeks, then you should get a one year multiple entry visa.

Further info can be had from the "not" up to date website, if in doubt call them as you will find some of what I say here is contrary to what is written on their website, but they will confirm it by phone. Web site is at: http://www.estonia.gov.uk/embassy

Caution - do not e-mail them, it takes them at least 2 weeks to reply, phone instead but be patient, they are not so hot at picking the phone up. When they do answer, ask for Maris Hakman, she deals with visas. You want the organ grinder, not the monkey!  ;D



Updated March 2009
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Offline Manny

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Re: UK resident women and EU & Schengen Visas.
« Reply #4 on: May 04, 2007, 03:25:58 AM »
It has been a question I have read on many forums about first entry into a Schengen country that is not the issuing country and/or not en route to the issuing country. I have asked questions myself about this in the past on other forums and of Embassies and not got a definitive answer.

However, yesterday 13th May 07, Wifey and I arrived at Schiphol Airport in Holland from the UK on her French issued Schengen Visa, they did not bat an eyelid, nor ask her much, they just stamped it and let her in, so, in Holland at least, makes no problems about this.

=====================================================================

Edit to add:

After information received from our member Eldanes, I add here something that was omitted above on the subject of Health Insurance, and I quote:

I would also advise that even if having a Schengen or any other EU residence permit does not mean one is exempt from having a health insurance. Even having a European Health Insurance Card does not substitute a health insurance as it for example does not cover repatriation to the home state in case of death or serious injury where special transportation is required hence it is in fact a requirement when entering the Schengen area and when obtaining the Schengen visa.

=====================================================================


If anyone has any other UK resident visa info for other countries, please post them in a thread so I can merge them or PM me if in doubt, so I can add them here.  ;D

Conversation on this topic can be found >>by clicking here<<.
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Offline Geraldneoft

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UK resident women and EU Schengen Visas
« Reply #5 on: March 02, 2019, 01:46:35 PM »
Hi Guys

Is there any guys out here that are Canadian citizens who have live abroad with their wife and family??
As a non resident the immigration rules and paperwork are slightly different and i would like to know what the paperwork is.
I know if you have residence abroad that you do not need to sponsor your spouse or children, as long as you have enough cash on hand to survive 3 to 6 months on your return.

Can anyone expand on this?? Would really like to have this knowledge.

Thanks in advance
Bill
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Online msmoby

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Re: UK resident women and EU Schengen Visas
« Reply #6 on: March 03, 2019, 01:27:15 AM »
Hi Guys

Is there any guys out here that are Canadian citizens who have live abroad with their wife and family??
As a non resident the immigration rules and paperwork are slightly different and i would like to know what the paperwork is.
I know if you have residence abroad that you do not need to sponsor your spouse or children, as long as you have enough cash on hand to survive 3 to 6 months on your return.

Can anyone expand on this?? Would really like to have this knowledge.

Thanks in advance
Bill


A Canadian with a Greek flag called Bill asking about Schengen Visa from the UK?

Hmmm
Russia doesn't have form for making stuff like this up.
He really did say that
Here is my Russophobia/Kremlinphobia topic

Online Guile

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Re: UK resident women and EU Schengen Visas
« Reply #7 on: March 04, 2019, 07:56:00 PM »

A Canadian with a Greek flag called Bill asking about Schengen Visa from the UK?

Hmmm


An Irish guy with a British flag living in Cyprus and not paying taxes? hmmmm

Online msmoby

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Re: UK resident women and EU Schengen Visas
« Reply #8 on: March 05, 2019, 04:57:51 PM »
Quote from: Guile /Sting / DaveNY et al
 link=topic=299.msg490901#msg490901 date=1551754560

An Irish guy with a British flag living in Cyprus and not paying taxes? hmmmm

Manny writes my profile, so address your wack job 'conclhsions' to the author ! ;)

I received a tax refund from the UK govt last year, so I guess you got someting nearly accurate about my life....

Russia doesn't have form for making stuff like this up.
He really did say that
Here is my Russophobia/Kremlinphobia topic