Can someone explain this confusion ?

[CharlieH]

Can someone explain the situation regarding the need for a Shengen Visa for a THAI wife of an EU Citizen ?

I was always under the inpression if you wanted to take your Thai wife you needed a shengen visa, but then you have this....

The Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States[1][2][3] defines the right of free movement for citizens of the European Economic Area (EEA), which includes the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland"

Which suggests you DO NOT need a shengen visa or in fact, a visa for the UK either, which seems all wrong.

Anyone have any thoughts ? What am I missing here ?

Edited May 21, 2014 by CharlieH

[Mario2008]

She needs a Schengen visa.

The directive is regarding Nationals of one of the member states and their family members with legal residence, for which restrictions can be imposed.

Do note that not all EU-members are also party to the Schengen treaty. For visiting the UK for instance a seperate vissa is required, next to the Schengen visa.

[CharlieH]

She needs a Schengen visa.

The directive is regarding Nationals of one of the member states and their family members with legal residence, for which restrictions can be imposed.

Do note that not all EU-members are also party to the Schengen treaty. For visiting the UK for instance a seperate vissa is required, next to the Schengen visa.

Mario I am sure you are right BUT it doesnt state "with legal residence" it just states family member which naturally your wife is. Hence my confusion as have always obtained visa in previous years until this came up

On further investigation and reading deeper into other sections the above paragraph has more sections of "applicable" and others, which clarifies thd requirements and how the directive has been implemented or not by various countries.

So, dont get excited, YOU DO NEED AN APPROPRIATE VISA ! for your Thai spouse as she is not a resident.

Edited May 21, 2014 by CharlieH

[Mario2008]

The right to enter the EU is not guaranteed under the directive. (only for EU-members is the right protected as they have an autmatic right to enter their own country and thus also other memberstates).

For non-EU nationals living outside the EU it is more problematic.

But I must say I have limited knowledge regarding this subject.

[durhamboy]

I'm not sure if the OP is currently living in the UK. If so, my understanding is that the OP is correct - his wife does not need a visa if she accompanies him on a visit to the EU if they live in the UK and she has a settlement visa for the UK. This has been covered in previous topics. However, the general consensus of opinion in this forum is that most people do not want to take the chance of being refused entry to an EU country because of immigration ignorance of this rule. Therefore most people suggest getting a Schengen visa prior to going - this visa should be issued immediately and should be free.

Personally I would like it if someone did exercise their rights and go without a visa and post back here on what happened.

[bobrussell]

If you want to risk being stuck in a European airport for hours while they sort themselves out then don't get a Schengen visa. If you want it all to go nice and smoothly then get a visa. It should be free for a spouse and issued without delay! Many of the questions asked on the form do not need to be answered by a spouse accompanying his or her EU citizen partner. Travelling alone one is required in almost all circumstances.

Is the Immigration Officer going to be fully versed on European law?

Take your pick!

[7by7]

Strictly speaking, under the freedom of movement directive a qualifying family member of an EU/EEA national (and a spouse is certainly such) who is travelling with or to join their EU/EEA national family member does not need a visa to enter any EU/EEA state.

Except that of which the EU/EEA national is a citizen. In which case the appropriate visa must be obtained.

Provided they can prove the relationship, e.g. a marriage certificate (with a certified translation if not in an EU/EEA language), and that they are travelling with or to join their EU/EEA national family member then immigration at their entry point must allow them in.

This applies regardless of where they and their family member live; inside the EU/EEA or outside.

However, not having a visa may cause problems and delays at the port of entry/border whilst they prove the relationship etc.

They may also be refused boarding by their airline/carrier who may not be fully aware of the directive.

Therefore, it is advisable to obtain the necessary visa in advance.

For a qualifying family member who is travelling with or to join their EU/EEA family member, the visa is free and must be issued with the minimum of delay. Also, most of the requirements, such as evidence of finances and accommodation, wont apply.

See Schengen visa FAQ for a lot more detail.

Note that neither the UK nor the RoI are members of the Schengen area, so if visiting either of those then separate visas are required. However, for Thais, and some other nationalities, a UK visit visa is also valid for the RoI; but not the other way round.

[Seekingasylum]

If the OP is an EU national and is here in Thailand, is married to a Thai wife and is off to visit an EU country of which he is not a citizen then his spouse does not need a visa. However, no airline in the world will let her board the aircraft. She would need an EEA family permit issued by the embassy of the EU state they intend to visit. If the OP happened to reside in an EU country and his spouse held an EEA residence card then she would require no further permit to visit any other EU state provided she was accompanied by her EU spouse or he was already in the destination country.

[Skint]

OP, do you mean those of us from the uk who are married to a Thai living in schengen states being able to bring their wives over with little effort and after x amount of time being able to go back to UK without the nonsense?

[7by7]

Skint, if an EU/EEA national is living and exercising an economic treaty right in an EU/EEA state (not just a Schengen one) other than that of which they are a citizen or is moving to such in order to do so then they can use the directive to have their non EU/EEA national qualifying family members join or accompany them.

The economic treaty rights are :

• worker
• self employed
• job seeker (but usually for a maximum of three months)
• living off independent means, e.g. retired with a pension
• student.

As said, the directive does not apply if living in or moving to the state of which the EU/EEA national is a citizen.

Unless they haver been living and exercising an economic treaty right in another EU/EEA state, their family member has been living there with them and they are now moving to their home state.

This is known as the Surinder Singh route. Note that the link looks at it from a UK point of view, but the same rules apply to all member states.