Transit Visas

[gavob]

Myself and my wife and kids are flying Cork-Amsterdam-Paris-Bangkok. My wife is Thai but has a spouse visa for Ireland.

We heard a story of her Thai friend getting stopped in CDG and being sent back to Ireland for not having a visa even though she was just connecting to fly to Bangkok.

I'll ring the French consulate Monday but we fly Friday week.

I've read that as long as she is married to an EU citizen she should be okay but her friend was also married to an Irish guy and was still sent back, something about connecting through more than one Schengen country.

Anyone ever hear of this?

[Donutz]

Normally there should be zero issues since on most international Airports (in Europe) you can remain on the 'air side' and thus transit through from one airplane to the other without ever crossing the border by passing through immigration. But if on some airfield you are required to go through immigration to reach your second plane, as the spouse of a European you should be just fine if they Thai or any other non-EU national can make evident that they are the spouse or other close family member of an EU/EEA citizen. Best evidence would be maritial papers. If the borderguards can verify that this is the case they should issue a visa on the spot. Sending them back would be a violation of EU law.

 

I don't know the layout of CDG but even if she had to cross the French border and thus enter the Schengenzone, there was no reason to sent her back unless they did not believe that this non-EU national was married to an EU/EEA national. Now a rookie or bad tempered border guard might forget about freedom of movement but surely a superior officer should and would be aware of the rules.

 

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

- Freedom of movement directive 2004/38:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004L0038

 

Edit: if you are sure that she has to cross the Schengen border it would be best to get her a Schengen visa in advance. But as the first link explains, visas can and should be issued on the spot at the  border if you meet all the requirements.

 

Edit2: 'the more than one connecting through' is a load of rubbish. You could transit at Amsterdam, Brussels,  Paris, Madrid, Rome, Berlin and Helsinki before heading on to Bangkok and it would be ZERO issue if you remained on the transit side. And if you had no option to leave the transit area and cross the border directive 2004/38 would come into play.

 

 

[Gulfsailor]

I think a problem will occur when traveling from non-schengen via schengen and another schengen to a non-schengen destination. The reason being that for the intra schengen flight there is no international airside situation. The departure and arrival are both within Schengen. It's similar as transiting through a single country, but arriving on one airport and leaving again from another airport. There is no way to get from the one airport to the other without entering the country. In this case the problem would occur in Amsterdam already, as your wife would need to pass immigration into Schengen before she can get on the intra schengen plane to CDG. Since you mention both AMS and CDG I assume you fly with KLM/AirFrance. I suggest you contact them urgently to check. 

Ps. Donutz is correct that a visa has to be given on the spot when traveling together with a spouse who is an EU national. But you need to travel together and be able to prove your relationship. 

[Donutz]

That is correct, if they board an internal 'Schengen' flight rather than a flight that is bound to/from elsewhere it may very well be that you are forced to leave the transit area and head for a Schengen zone terminal... in which case you will cross the border. So if the AMS-CDG-BKK flight is with two seperate airplanes the AMS- CDG bit may very wel be an internal Schengen flight and require a Schengen visa. Which is best obtained in advance or else on the spot at the border if the family relation as per D2004/38 is evident.

[gavob]

Thanks for the replies, hoping we can get a visa in time for our flight in less than two weeks. I'll ring the French consulate tomorrow morning. Seems a very complicated thing that is not easily explained and can cause a lot of hassle. I was thinking her friend was sent back due to not traveling or being able to prove marriage to an Irish citizen 

[Donutz]

If you will cross the Schengen border at AMS to get a 'internal Schengen' flight from AMS to CDG you are entering the Schengen area in the Netherlands first and this would be the embassy that should issue the visa. The rules dictate that you apply at the country that is the main destination and if there is no main destination that you apply at the country that you will visit first. But if the French are more easy for you, you can see if you like their response

[gavob]

Funny thing is she got through AMS fine but was stopped on Paris