I am non-EU family member married to a Romanian citizen. I am currently residing in Romania and I have temporary residence card here. As Romania is in EU but not in Schengen area, can we travel together visa-free within EU and Schengen countries ?

  • You are covered by the EU freedom of movement as the spouse of an EU citizen, just like the spouse of any other EU citizen. Until 2014, there used to be restrictions for Romanians and Bulgarians but not anymore. Whether that means you can travel visa-free or merely have access to easier visas depends on your specific situation (and especially whether you are a resident of Romania, another EU country or not in the EU at all), like it does for all EU citizens. You should add these details to the question or look up earlier questions on this site to find out. – Relaxed Apr 30 '16 at 16:41
  • I edited my answer after you accepted it, so I am concerned that you may not notice an important fact: your residence card is not necessarily (and in fact probably isn't) an article 10 card. – phoog Apr 30 '16 at 18:11
  • @phoog this question is not a duplicate of the one mentioned as in that question the person in question is living in a country different to his own and therefore subject to local laws not treaty laws. – ostergaard Jan 20 '19 at 14:39

You can travel visa-free only if you have a "residence card of a family member of a union citizen" issued under article 10 of the free movement directive (or if you are a citizen of a country whose nationals don't require visas in the Schengen area). A residence card issued by Romania to the spouse of a Romanian citizen is not necessarily an article 10 card.

If you do not have an article 10 card, EU countries other than Romania must issue you a visa free of charge and on the basis of an expedited procedure. The grounds for refusal of that visa are strictly limited.

These provisions are also dependent on your traveling with or joining your spouse. In case you are not, you'll need a regular Schengen visa.

As Relaxed pointed out in a comment, it appears that your concern stems in part from the fact that Romania is not yet a full participant in the Schengen agreement. These rules apply to all EU countries, not just Schengen countries, because they are based on the EU right of freedom of movement. Your situation in the Schengen area is therefore similar to that of someone married to a British or Irish citizen.

Your Romanian spouse can, of course, travel visa-free in the entire European Union.

  • +1, excellent summary! Maybe add a sentence to stress that Romanians are fully covered by the EU freedom of movement, on a par with other EU citizens and that the difficulties with the membership to the Schengen area do not affect that (I am guessing that's what had the OP concerned)? – Relaxed Apr 30 '16 at 16:49
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    @Relaxed thanks. I had also forgotten to mention that the right of free movement extends only to family who accompany or join the EU national, animportant condition. – phoog Apr 30 '16 at 17:25

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