2

I would like to know if my child, who is 10 years old and holds an Indian passport with an ILR stamp, requires a Schengen visa if I were to take her along with me (British national) on a short weekend trip to France. Thanks!

  • 1
    But out of curiosity, isn't you child a British national as well? – Sayed A. May 7 '17 at 21:58
  • My wife is Indian and for personal reasons we decided for our child to hold an Indian passport. – LordAKB May 7 '17 at 22:48
  • 5
    @LordAKB the fact that your child holds an Indian passport does not stop your child being a British citizen. – phoog May 8 '17 at 0:37
2

Your child may be able to cross the border with secondary evidence of British nationality. Similarly, without asserting your child's British citizenship, your child may be able to cross the border with you under the freedom-of-movement directive (2004/38/EC). The relevant text, from Article 5 (emphasis added):

  1. Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

However, if you're planning to fly to France, your child will very likely be denied boarding unless she or he has a visa. The relevant text, also from Article 5:

  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.

    Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

Your child's ILR does not count as the "residence card referred to in Article 10." Therefore, to be safe, your child should apply at the appropriate French consulate for a Schengen visa as the family member of a Union citizen.

You will require the following evidence, whether applying at the border or at a consulate:

  • Your proof of British citizenship.
  • Your child's birth certificate, as proof of relationship
  • Your child's Indian passport, as proof of identity

In addition, if you apply for a visa, you will probably need proof of your address to show that you reside within the post's service area.

  • @LordAKB please consider accepting it. You can always unaccept it if you change your mind or If a better answer comes along later. – phoog May 8 '17 at 17:22

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.