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My Algerian husband just got his pre-settled status in the UK for 5 years. I am from France and would love to visit my family with him for Christmas.

Does he need to apply for a visa as the UK is not part of the Schengen?

  • Are you a French citizen? – Michael Hampton Oct 16 at 1:07
  • @Traveller The link doesn't work. Jennyfer, another French government source is here: france-visas.gouv.fr/en_US/web/france-visas/… – DavidSupportsMonica Oct 16 at 3:54
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    Algerians need a Schengen Visa to enter the Schengen Area. As a spouse of an EU-Citizen, the needed visa will be issued swiftly and free of charge. – Mark Johnson Oct 16 at 19:21
  • @MichaelHampton Yes I am, I was born there and got French passport as well, thank you for your answers – Jennyfer Oct 26 at 22:37
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Article 14(2) of the Withdrawal agreement suggests that proof of pre-settled status might be considered in that respect like the article 10 residence card under Directive 2004/38/EC it is intended to replace. This would mean that no visa is required. I am not 100% confident in my interpretation however and I am not aware of any advice for lay people. I would probably try to check with the French border authorities beforehand.

If that's not the case, your husband would indeed need a visa, just as it works for the family of EU citizens who reside outside the EU. The Schengen visa code provides that this visa must be issued swiftly and free of charge. He only needs to provide evidence of your citizenship and his relationship with you (e.g. proof of marriage) but nothing else (i.e. nothing related to your or his finances, etc.)

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    The French Consulate site, London doesn't mention this combination and the 'Visa Wizard' returns that a visa is required for an Algerian (who is a French spouse). – Mark Johnson Oct 17 at 10:34
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    The German Embassy site, London CHANGES TO VISA REQUIREMENTS FOLLOWING BREXIT: states that until 2020-12-31, for Article 10/20 card holders a visa is not required 'provided that they accompany the Union citizen. This exemption does not apply to British Residence Cards under the EU settlement Scheme (“pre-/settled status”). Holders of these permits require a visa.' – Mark Johnson Oct 17 at 10:34
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    @MarkJohnson a quick scan of the withdrawal agreement leads me to the conclusion that the German position is indeed in conflict with article 14(2). – phoog Oct 17 at 14:07
  • @MarkJohnson The bit from the German embassy is informative, that's the German interpretation though and like phoog I am a bit skeptical. But if the French authorities see it the same way than the German, (my reading of) the text of the withdrawal agreement won't make a difference. – Relaxed Oct 17 at 14:47
  • @MarkJohnson Your last comment is inaccurate, there is no provision in the Schengen visa code for short-stay visas valid for more than 5 years, article 24(2) just mentions "a period of validity between six months and five years“ while article 5(2) of directive 2004/38/EC (the original basis for the accelerated procedure) is silent on the characteristics of the visa. – Relaxed Oct 17 at 14:56

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