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My wife is Latvian and she works in the UK and I have my EU Settlement Scheme family permit, my question is do I need a Schengen visa to enter the Schengen area countries or I should apply for one ? Thank u so much

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  • For completeness, what is your citizenship?
    – Traveller
    Commented Mar 10, 2020 at 9:42

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This answer assumes that you are not a citizen of a visa-exempt country (an Annex II country). If you were, you would not need a visa.

Under the assumption that you are not, you do need a Schengen visa.

The only document that exempts you from the visa requirement is a residence card issued under Directive 2004/38/EC. A family permit is analogous to a visa, not a residence card, whether it is an EU Settlement Scheme family permit or an EEA family permit. To qualify as an Article 10 residence card, the document must say "Residence card of a family member of a Union citizen."

Article 5(2) of the directive says in part:

  1. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.

Article 10(1) of the directive says:

  1. The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called ‘Residence card of a family member of a Union citizen’ no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.
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When traveling with, or to join, your EU-Citizen spouse you will not need a visa. Otherwise you will need a visa for the Schengen Area.

When you and your EU-Citizen Spouse reside in the United Kingdom, this rule only applies (presently) until 2020-12-31.

When you and your EU-Citizen Spouse reside outside the European Union (including countries where the freedom of movement applies), you will need a visa for the Schengen Area.

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    This answer is incorrect. An EUSS family permit is not an article 10 residence card. It therefore does not exempt its bearer from the visa requirement. See my answer for references.
    – phoog
    Commented Mar 10, 2020 at 13:30

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