Interesting link related to the EU

[alyx]

Hey

Looking for some informations regarding the rights of my non EU spouse when visiting the Schengen territory I found a link providing official news where.

On top of it, one may ask questions and, supposedly get an answer within three days.

I am aware that most of the posters are interested in the UK and the USA but, nevertheless, it might be a good source of unbiased information to others

I hope that posting the link here isn't against the forum rules. atter (feel free to delete this post if it is not allowed or if someone has already mentioned this site)

Of course one can browse and find answers to questions not directly related to the visa matter

http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

Edited January 15, 2014 by alyx

[alyx]

Actually this link is better as it is only about visas

http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/index_en.htm

And that is the glossary

http://ec.europa.eu/atoz_en.htm

[alyx]

Interestingly enough there is one article about visa less visitors

Arriving at the border without an entry visa

It is always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by other means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.

If your family members are having difficulties getting a visa, you can contact our assistance services.

Entry refusal

In very rare cases, an EU country can refuse entry to you or your family members for reasons of "public policy, public security or public health".

If this happens, the authorities must prove that you or your family members pose a "genuine, present and sufficiently serious threat".

You are entitled to receive this decision in writing, stating all the grounds, and specifying how you can appeal and by when.

http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

[theoldgit]

Link to Wikipedia removed, Wikipedia is not a totally reliable source.

[alyx]

I have enquired about the following matter:

Schengen visa for non EU spouse

--------------------------------------------------

Hello, I have married a Thai national in my country of origin (Schengen territory).

We have been residing in Thailand.

My spouse holds a short stay visa allowing a 90 day stay on Schengen soil every six months until 2016 ( not granted because of the marriage ).

Once this visa has expired, knowing that we are travelling together, can my spouse bypass the visa requirement, travel to France ( with the relevant documents proving that we are married) and be allowed to enter Schengen ( that would be in the case of an emergency departure)

Second question: can boarding be denied on the ground that the passport doesn't bear a valid visa, even though we are married and can prove it

Thank you

[alyx]

And the answer ( a couple of days later ) is:

Since you are a "Schengen" citizen living outside the EU, and you wish to travel to the same country of which you are national, the right to enter and reside of your Thai spouse is not covered by the European Union (EU) law on the free movement of the Union citizens and their family members (Directive 2004/38/EC)*, as this applies only to EU citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. (article 3(1) of the Directive).

The Directive provides that the host Member States authority different than that of the EU national will have to facilitate the entry and the residence of the family members of the Union citizens who are third country nationals.

In addition, as you correctly pointed out Article 5 of the Directive on the Free movement (Directive 2004/38/EC)* specifies that "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, these favorable provisions do not apply to the entry and residence of the family members of the Union citizens who wish to enter and live in their own country.

Instead, it is at the discretion of the country of origin authorities to determine if they will follow the common Schengen visa rules for ordinary third country nationals, or if they provide a favorable treatment of visa applications for non EU family members of the country of origin citizens who wish to enter the territory of origin and extend the validity of the visa which is already issued. Therefore, we advise you to contact the country of origin competent authorities. If the country of origin law does not provide for special facilitated visa procedures for the family members of their citizens, the common Schengen rules apply. You will find the relevant information and contact details here below:

http://www.ofii.fr/introduction.php3?id_article=23

Article 33 of the Regulation (EC) 810/2009* (Community Visa Code) sets out the conditions under which an issued visa might be extended.