Possible cancellation of Schengen Visas if no deal

[theoldgit]

The German embassy is sending out notifications to spouses of British Nationals who are appying for a Schengen Visa using the Free Movement Directive advising applicants that they will only be issued with a visa valid until 29 March.

For planned travels beyond 29 March, applicants are advised to apply independently of the Directive currently enjoyed by the UK National.

If the UK crashes out of the EU without a deal then current visas going beyond 30 March will no longer be valid for travel.

I don't know if other Consulates are issuing these letters.

[thonglorjimmy]

I have a friend who is currently touring Europe, all Schengen countries, and is due to fly back at the end of May, shortly before the expiry date of her visa.

 

She obtained her visa as the spouse of her British husband using the Freedom of movement directive, she's now panicing that she will be kicked out of the country. I suspect they've got more problems in the EU at the moment, and won't be sending enforcement teams out checking passports and immigration status, also during her travels in the Schengen Area she shouldn't pass through any border controls. 

[OJAS]

3 hours ago, thonglorjimmy said:

I have a friend who is currently touring Europe, all Schengen countries, and is due to fly back at the end of May, shortly before the expiry date of her visa.

 

She obtained her visa as the spouse of her British husband using the Freedom of movement directive, she's now panicing that she will be kicked out of the country. I suspect they've got more problems in the EU at the moment, and won't be sending enforcement teams out checking passports and immigration status, also during her travels in the Schengen Area she shouldn't pass through any border controls. 

But she might run the risk of encountering problems immediately prior to boarding her return flight at the end of May, might she not?

[theoldgit]

1 hour ago, OJAS said:

But she might run the risk of encountering problems immediately prior to boarding her return flight at the end of May, might she not?

Certainly a possibility, but she entered Schengen on a valid visa, she might have been asked for sight of her return ticket which confirms that she was exiting Schengen before the expiry of her visa, so unless the authorities were intending to scour the countriside checking for visas that had been made invalid as a result of the UK leaving the EU without a deal or were going to do a massive media campaign intstructing people in her position that their visas were no longer valid and to get out, then I doubt very much if she would encounter a problem.

[Mattd]

5 hours ago, thonglorjimmy said:

I have a friend who is currently touring Europe, all Schengen countries, and is due to fly back at the end of May, shortly before the expiry date of her visa.

I don't see that the announcement will affect her travel or visa, as she entered before the announcement and her visa has an expiry date?

The way I read it is that any further visas issued under the freedom of movement act after the announcement will be valid up to 29th March 2019, it doesn't state that it invalidates visas issued before with an expiry date. The wording used is are and not were.

It does state that those that were for an indefinite period would no longer be valid for ENTRY after 29th March 2019, it doesn't state if those that entered before must depart?

Edited March 20, 2019 by Mattd

[Donutz]

I doubt if it's legal to stop issuing visas under EU law (directive 2004/38 on freedom of movement) to family members of UK nationals.  Untill the break up is official the UK remains a full member to the last day.

 

If I would be a Thai spouse of a UK citizen applying for a German visa I would demand the visa to be issued under the directive (for free, ASAP, without financial checks etc) but obviously also prepare for a no deal during my stay.  Be sure you have cash etc after 12-4 and 22-5 (the new deadlines).

 

Authorities probably would have better things to do then hunting down people who's visas may suddendly have lost their special status. And upon leaving the country soon after Brexit all the immigration would care about us you having left the country before the visa expired so you should get through just fine unless you met some ***** officer on a mission...