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Posted

Hi

Always a useful forum, hoping to find out even more.

Following successful renewal of my wife's spouse visa she now has the biometric residence permit. Looking at a weekend away it would appear she can enter Italy without a visa so long as she has the card.

Two things; am I right, and if I am, the card she was issued does not match that which is shown on the consulate website so is this a problem - http://www.conslondra.esteri.it/Consolato_Londra/Menu/I_Servizi/Per_chi_si_reca_in_italia/family_members_EU.htm

I am suspecting the card has been updated since first conceived but would be grateful of any guidance

Thanks in advance

JR

Posted (edited)

For visa free entry a card needs to say "family member of an EU/EEA national, it is given to non EU family member of EU nationals who 1) live in an other EU/EEA country with their non-EU family or 2) have return back home (completing the SS/EU route). These residence cards grant access to the hole of the EU/EEA visa free if they travel with the EU national (though sadly the UK whipes it bottom with EU legislation and does not fully acknowledge this, only accepting German and Estonian cards for now over some security reason).

If your Thai spouse came straight to your country (UK?) then she'd have a normal residence permit (temporary, indefinite, doesn't matter). Such a holder needs a Schengn visa. Just as Schengen residence permit holders will need to obtain a UK visa. Such visa must be issued for free, ASAP and with minimal paperwork (basically you only need to show that you are legally married -doesn't matter where- and that your spouse will accompany you or join you on your travels.

See the Schengen sticky for more details.

PS: I hav heard that people who did the SS route (or non UK nationals from the EU who live with their non0EU family in the UK) and who have a non EU spouse will have a Recidence Card issued for the spouse that states "family member of an EU/EEA national" but this line is not present on indefenite cards? WHich ofcourse is silly too to say the least. You won't lose your rights but how on earth will you oonvince any border guard that you'd be eligable if your RC doesn't clearly show you hold a card issued under the 2004/38/EC article 10???!!

Silly Brits. Though as are most other EU nationas including mine. The greatest country on earth has yet to be created.

Edited by Donutz
Posted

So she had a regular UK Res. Permit? Then head for the Italian embassy (by appointment I assume) in London and get the free visa. If that does't work you could get a visa from an other embassy (Germans accept postal applications?) but that embassies country would need to be your main destination. lf all fails: head to Dover and get the visa on arrival in Calais. Though both UK and French border staff ain't too happy about that, you would be entitled to if you can show that she is your family member by marriage.

For easy traveling the best scenario (except for the UK joining Schengen) would be if Schengen members and the UK accepted each others visas and visa and residence permits. Aslong as a foreign visitor (with no EU family member at their side) can ofcourse show they are insured, have sufficient funds and the travel goal is genuine. Would be the best of both worlds for those who want to have "control over their own borders" yet taking away pretty much all hassles for the before mentioned travellers.

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