mgb

There are embassies of schengen countries who deny a visa for the family member of a eu citizen if their country is not the entry country.

And they are right if they point to article 5 section 2.

Thoughts anyone?

section 9

Family members of British citizens

9. (1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (P) were an EEA national.

(2) The conditions are that

(a)P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;

(b)if the family member of P is Ps spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and

©the centre of Ps life has transferred to the EEA State where P resided as a worker or self-employed person.

(3) Factors relevant to whether the centre of Ps life has transferred to another EEA State include

(a)the period of residence in the EEA State as a worker or self-employed person;

(b)the location of Ps principal residence;

©the degree of integration of P in the EEA State.

(4) Where these Regulations apply to the family member of P, P is to be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.

Where the freedom of movement directive provides to explicit instructions the general rules of the visa rules ( in this case the Schengen Code on Visa) applies. This means that you must apply to the country that is your main destination. If there is no main destination you apply at the country of first entry.

Due to article 5 number 2 of the directive the family member of a eu citizen need only a entry visa and not a visa for staying.

Therefore the country of the first entry in the schengen area is responsible for the entry visa.

The right of staying for 3 month is defined in article 6 number 1 and 2 without any formalities except the requirement to hold a valid passport and aditionally for the family member to accompany or join the EU citizen.

Despite that it is easier to prove the right of staying with a visa for the family member.

However, strictly speaking you should apply to the country which is your main destination, or if touring the country via which you will enter the Schengen area.

No, that is tourist visa thinking.

The family member of a eu citizen should apply to the country of the first entry to the schengen area.

There is a limousine service from Bangkok Air.

https://www.bangkokair.com/pages/view/trat-airport

If she got a tourist visa from the UK the irish visa waiver program come into the game.

Getting caught without a valid visa would be not so a good idea.

Right but there are temporary check points possible on both sides.

I guess the OP need other informations.

Article 3 Beneficiaries (EU-directive 2004/38)

.

.

2. Without prejudice to any right to free movement and residence the persons concerned may have

in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:

.

.

( B ) the partner with whom the Union citizen has a durable relationship, duly attested.

Due the application for residence documentation for a family member from here

https://identitymalta.com/wp-content/uploads/2014/07/CEA-Form-F.pdf

the national legislation in Malta has a durable relationship defined.

5. Supporting documents

.

In the case of partners, documentary proof of the existence of durable relationship for the two years prior to the application.

If the life partner got a residence card for the family member of a eu citizen from Malta this is the visa exemption for the UK.

https://www.gov.uk/government/publications/entering-the-uk-as-the-holder-of-an-article-10-residence-card/entering-the-uk-as-the-holder-of-an-article-10-residence-card

As far as I know Malta accept durable partnership after 2 years. A visa for the family member of a EU/EEA citizen should be possible.

In Malta than a residence card for a family member.

I didn't know Irish Republic had a reciprocal arrangement with the UK regarding visas. Obviously there's no border check driving between the two, but that doesn't mean to say that without a visa she's technically illegally there. When did that arrangement come in ?

http://www.inis.gov.ie/en/INIS/Pages/Irish+Short+Stay+Visa+Waiver+Programme

As far as I know the reciprocal arrangement is only for citizen of China and India.

What about the stamp EEA dependant (formerly code 1A stamp) at the uk border control on french ground (Calais and so on).

Being legally married will not give her any advantages.

As a Brit, you have no right to take your legally married wife to the UK if her country of birth is not from a "Scheduled Territory".

We were legally married. I had already retired to Spain and had an ID No.

We were in Spain and my wife had jumped through the hoops and finally got her Spainish Foreigners ID.

Not quite correct.

If your wife got a residence card for a family member of a EU-Citizen she need no visa.

See Immigration (European Economic Area) Regulations section 11 and the case McCarthy (C-202/13).

I can buy one under my wife's name but the idea is to hang around alone. Actually, i'm disabled from the right hand and i am looking for a vehicle i could drive.

This is an idea i have to forget.

Maybe a trike on basis of a scooter is a option for you.

There are dealers who offer such trikes with green book.

Did the person really get a rejection in writing or was he only fobbed off from the thai embloyees of a embassy/VAC.

PS: I guess if your wife accompany you at your travel to germany there is not even a letter of invitation from a host in Germany necessary. It would make no sense.

As a US citizen you have the right to enter the schengen area and stay up to 90 days in a 180 days period.

You could ask the german federal foreign office via their contact form

https://www.auswaertiges-amt.de/EN/Service/Contact/contact_node.html?https=1

whats is needed and tell them about your problems.

Family reunification due to german law:

http://www.muenchen.de/rathaus/Stadtverwaltung/Kreisverwaltungsreferat/Auslaenderwesen/Familiennachzug.html

Visa for the family member of a eu citizen:

Visa handbook part III http://ec.europa.eu/dgs/home-affairs/policies/borders/docs/c_2010_1620_en.pdf

Residence card (Aufenthaltskarte) for a family member of a eu citizen:

http://www.muenchen.de/rathaus/Stadtverwaltung/Kreisverwaltungsreferat/Auslaenderwesen/Unionsbuerger-und-privilegierte-Staaten.html

Sorry but I had a nice conversation with the woman in the Auswartiges Amt in Berlin, a Type C is for a short stay, a Type D is for a long stay.

This is the procedure due to national german law. The procedure due to eu law is simply different.

My mother could apply using my Freedom of Movement but then she has to show that she is reliable on me, but since she saved the money instead

of using it then this does not apply, the other one is if she is ill and requires to come here to have someone look after her this is the the German Aufenthaltsgesetz, but since she has a younger son in Bangkok we also cannot use this way.

A sneak around would be to get my MIL to Switzerland on a Schengen Visa to visit her Sister come across the border stay with us, then apply for an Aufenthaltskarte, this is nearly the same route we used with my wife.

If your MIL cannot use eu law she cannot get a Aufenthaltskarte. She has to apply for a Aufenthaltserlaubnis (AE) on basis of a national visa typ D. One precondition for a national visa typ D/Aufenthaltserlaubnis is a german language test level A1. This precondition can only be waved in special circumstances.

A family member of a eu citizen get a Aufenthaltskarte EU for a longstay. Basis is a visa typ C.

A family member which cannot claim eu law get a Aufenthaltserlaubnis (AE) due to national law based on a visa typ D.

For the national variant there are more preconditions to fullfill than simply exercising treaty rights.

Maybe the woman from the embassy was simply right.

The quoted text is for a visa for a family member of a eu citizen and not for a national german visa.

A national visa is for those who wish to stay longer than 1 year, it does not matter if you are

German or using the freedom of Movement, like I am.

You are simply wrong.

The national visa procedure is following national german law. The visa procedure for a family member of a eu citizen is following the eu directive.

The result of a national visa procedure is a visa type D. The result for a family member of eu citizen is a schengen visa type C. Two complete different things.

Only if your MIL is not dependent on you and therefore eu law is not applicable the national visa would be the right procedure if your MIL want to stay longer.

Maybe the woman from the embassy was simply right.

The quoted text is for a visa for a family member of a eu citizen and not for a national german visa.

Bus-Nr. 9907 from transport.co is going Morchit - Suvarnabhumi(bus terminal) - Chanthaburi .

Due to http://www.pns-allthai.com/transport/booking.php you can book Suvarnabhumi - Chanthaburi.