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✎ EN No Schengen visa for third country family member???
    

Discussion in 'Immigration UK' started by trompipi, Jul 20, 2009.

  1. trompipi

    trompipi New Member

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    Hi all,

    I am new here - I have been reading all the topics about similar cases like ours, and I am not too optimistic about it.

    I am Hungarian, just married to a Nigerian in Belgium. Since he did not have resident permit, we had to go through a long and painful investigation before the marriage was approved.
    A week ago we got married - and we would like to go to honeymoon, to visit my country, Hungary, only for a few days.

    According to directive 38/2004 he, as family member of an eu citizen, is entitled to get a visa if he is travelling me for less than 3 months... so I contacted the Hungarian consul, printed out the directive, some topics about this, etc. We saw the consil last week, who said the directive is not applicable, he will not accept the marriage certificate until we register it in Hungary, and will only issue visa when he has a resident permit... Come on, the visa would be replacing the resident permit (which is, btw, in progress now, but first he will have an orange card for 5 months, what he cannot use to travel). I raised a complaint about him at Solvit and at the foreig ministry, and tried to get a visa from Germany. Just called the German embassy, where they told me the same: no such visa, we have to wait to get his resident permit...
    I also tried to call the French embassy, but they are closed until Thursday.

    In the meantime I also contacted the border crossing point between Austria and Hungary, where they basically said if we take his valid passport and the marriage certificate and the attest that his resident permit is in progress, there should not be any problem (the police in Hungary also confirmed it). He is scared, and I totally understand his feelings.

    Please if someone has similar example, let me know, there must be a way out of here. Is it me who misunderstands this directive??? When I contacted Solvit, they told me I was right and he should get the visa.

    Thanks, guys!
     
    #1 trompipi, Jul 20, 2009
  2. missy

    missy New Member

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    Hi, for your husband to travel with you in the EU without obtaining a visa, he needs to have an endorsement in his passport which reads along the lines ''RESIDENCE CARD OF A FAMILY MEMBER OF AN EEA NATIONAL'' endorsed in his passport by any EU country. Hope this helps.
     
    #2 missy, Sep 9, 2009
  3. sueno2007

    sueno2007 Active Member

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    Hm

    Is this really true? I've been informed by my Embassy that family member of EEA national does not need visa to Schengen country ONLY if the following EXACT text is written in residence permit:
    "Resident card of a family member of a Union citizen".

    For example, ''RESIDENCE CARD OF A FAMILY MEMBER OF AN EEA NATIONAL'' is the text written in the UK residence card and it does not give the right to travel to Schengen countries without Schengen visa.

    missy, your version to me sounds as more logic but do you know if it works? I.e. is it possible to travel to Schengen country without Schengen visa but with the UK residence card?

     
    #3 sueno2007, Sep 9, 2009
  4. missy

    missy New Member

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    Sueono :- what I have said is true - if you look on all EU Embassy websites it clearly states that. I have travelled to France, Italy, Norway, Germany, Netherlands and Malta with out a visa. As long as you travel with your husband / wife who is the EU National and you have your marriage certificate and that endorsment in your passport they will let you in. I got mine from the UK and have had no problems at all. Good Luck.
     
    #4 missy, Sep 11, 2009
  5. missy

    missy New Member

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    Sueno:- I forgot to also say your husband/wife who ever is the EU National will also need to show his/her REGISTRATION CERTIFICATE eg my husband has a blue registration card from the home office proving he is a permanant resident in the UK exercising treaty rights under EU law.
     
    #5 missy, Sep 11, 2009
  6. sueno2007

    sueno2007 Active Member

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    That's great, thanks for clarification, missy. Do you know if marriage certificate has to be translated into English or language of country of destination? For example, French officials might have no clue what's written in Czech marriage certificate or similar.

     
    #6 sueno2007, Sep 11, 2009
  7. missy

    missy New Member

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    I am not sure of the translation of the marriage certificate as mine is in english. Try phoning or emailing the embassy they will always help.
     
    #7 missy, Sep 11, 2009
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