6

I am a holder of a Russian passport and my husband is a Polish citizen. We both live and work in the UK. I have received my family member of EEA national card, good for 5 years. We would like to travel to Poland together. On the website of the Polish embassy it clearly states that if we are traveling together, I do not require a visa, however in the embassy they were sure that I do need a visa. Could anyone please clarify?

5

You do not need a visa. The relevant directive is 2004/38/EC.

Article 5, paragraph 2 says:

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.

(Emphasis added.)

Article 10, paragraph 1 says:

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.

You have indicated that your residence card is a "family member of EEA national" card, so I assume that it is in fact the article 10 card that serves to exempt you from the visa requirement.

  • IMHO we need a canonical QA for this EU spouse business. Want to take care of it? – JoErNanO May 9 '16 at 14:20
  • @JoErNanO Yes, I do, but I don't have time to do it now and may not have time before tomorrow. Did you invite me to chat? I've never received a chat invitation before and I am not quite sure what to make of it. – phoog May 9 '16 at 14:25
  • Excellent. I invited you to chat, yes. I wanted to discuss this idea without invading the comment space, but you weren't pingable there. :) – JoErNanO May 9 '16 at 14:26
  • @JoErNanO was a canonical QA for this ever written? – ostergaard Jan 20 at 14:35

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