Timeline for Can my spouse with EEA Family Permit (UK) travel visa-free to France (my country of citizenship)?
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| Mar 14, 2017 at 20:16 | comment | added | hmakholm left over Monica | @phoog: Right -- so since it doesn't say either way, I would assume the general rules in Regulation 539/2001 apply. Those rules explicitly list (in article 4) a number of cases where a member state may dispense with the visa requirement, and family members are not listed. (In any case, the discussion is really academic: even if my reading is right, that wouldn't mean someone who is just waved through a border check based on being a family member would be in trouble for not having the visa). | |
| Mar 14, 2017 at 20:10 | comment | added | phoog | @HenningMakholm It seems to me that Art 5 (2) places limitations on when 3d-country family can be required to have a visa, but does not actually impose a requirement. | |
| Mar 14, 2017 at 20:04 | comment | added | hmakholm left over Monica | @phoog: I was sure that was the case too (that is, that member states can waive the visa requirement in this situation), but now I can't find any authority for that in either 2004/38 or the Borders or Visa Codes. They are, as far as I can see, supposed to issue a visa at the border, not just wave him through. | |
| Mar 14, 2017 at 19:50 | comment | added | phoog | @Kim to be precise, Schengen rules specify that Schengen countries are allowed to require him to have a visa. So France could in theory do away with that requirement, but what if he wanted to cross into Belgium and they still had the requirement? Anyway, I don't think France has actually done away with the requirement, but I don't know. The visa requirement is in Art. 5 (2) of the directive linked in the body of the answer, and the provision to issue it at the border is in Art. 5 (4), though I remember it being more explicit about "issue a visa at the border" than it is. | |
| Mar 14, 2017 at 19:15 | comment | added | Kim | Interesting. Its crazy how mind boggling this all is, and I'm studying international law! Curious which rule exactly states that he's supposed to be issued a visa at the border? We're planning future travel so all information is helpful. I've read on other boards that you can even travel with an expired EEA FP. But its so hard to know what's true/what is practiced in reality. Thanks! | |
| Mar 14, 2017 at 19:02 | comment | added | phoog | @Kim you can post that as an answer and accept it. I suspect that you were just lucky. The rules say that they're supposed to issue a visa at the border, so maybe they just decided that they couldn't be bothered. It's also possible that the French have relaxed that requirement under national law, but it could lead to a problematic situation (not likely, but possible) in which some local official (perhaps elsewhere in Schengen) wants to see the visa that the Schengen codes say your husband can be required to have, when he doesn't have it. | |
| Mar 2, 2017 at 2:17 | history | answered | phoog | CC BY-SA 3.0 |