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Mar 20, 2020 at 5:16 comment added phoog Let us continue this discussion in chat.
Mar 20, 2020 at 4:59 comment added Mark Johnson @phoog The spouse does not have a residence card, that is the problem. If the authorities of your country of residence have issued your spouse with a “residence card of a family member of a Union citizen” pursuant to Art. 10(1) of Directive 2004/38/EC, he or she needs no visa for travel within the EU.. And at the moment all 3rd country citizens are subject to the visa regime.
Mar 20, 2020 at 4:49 comment added phoog Furthermore, it links to an EU rights guide that leads eventually to a page that describes the situation quite well.
Mar 20, 2020 at 4:46 comment added phoog @MarkJohnson once again, you are linking to a public information page that oversimplifies to the point of being incorrect for certain cases. The actual law cited on that page reflects the directive faithfully and requires a visa only for those who are required to under the AufenthaltsGesetz. See also auswaertiges-amt.de/en/aamt/zugastimaa/buergerservice/faq/-/…, which notes that free movement applies to family members who reside outside the EU.
Mar 20, 2020 at 4:23 comment added Mark Johnson This government site states otherwise: Spouses joining EU citizens. Annex II nationals cannot enter at the moment.
Mar 20, 2020 at 4:16 comment added phoog @MarkJohnson the freedom of movement directive applies regardless of the place of residence. This may be seen in the fact that EU consulates accept free movement visa applications from family members who reside outside the EU. But, under the directive, such visas are required only for Annex I nationals, while the question concerns an Annex II national. A D visa is not required.
Mar 20, 2020 at 2:48 comment added Mark Johnson -1 Since the spouse (citizenship unknown) is at present a resident outside the European Union the freedom of movement directive does not apply. A D-Visa is required to enter to take up residence. Since visa free entry has been suspended, this is true for all 3rd country citizens who do not have an EU residence permit.
Mar 18, 2020 at 11:08 comment added Tom This answer, especially the part about providing the documents to the airline and doing so before boarding.
Mar 18, 2020 at 4:19 history edited phoog CC BY-SA 4.0
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Mar 18, 2020 at 3:51 history edited phoog CC BY-SA 4.0
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Mar 18, 2020 at 3:46 history answered phoog CC BY-SA 4.0