Hey, i hope this forum can be of good help, i have been following it for a while,
anyway, my question is, if a family member of an EU citizen together with his spouse were to move to another EU country. say Sweden or German, would the family member require a valid visa to register their stay.and if no what would happen if they returned to the first country Denmark after 3 month would it matter to apply family unification under the EU law since the visa expired in Denmark.
CLARIFICATION ON EU RULE FOR FREE MOVERS
Re: CLARIFICATION ON EU RULE FOR FREE MOVERS
The answer is no to both your questions. No need for any visa or residence card.
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fundiver199
- Indlæg: 15458
- Tilmeldt: 15.07.2008 15:58:34
Re: CLARIFICATION ON EU RULE FOR FREE MOVERS
But some nationalities need a visa to enter the Schengen area regardless of the purpose of their entry.
Re: CLARIFICATION ON EU RULE FOR FREE MOVERS
what if that person is already in the schengen region but visa has expired.and has limited time, to go back to home nation to apply a new one,but then would like to accompany her spouse as a free mover to another EU state.would she be sent back at the border of entry because she lacks valid visa.and wouldn't she find any problem when registering or with the authority of the second EU state. or just a valid passport and marriage certificate is good enough to allow entry.fundiver199 skrev:But some nationalities need a visa to enter the Schengen area regardless of the purpose of their entry.
thank you i wait your good response.
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fundiver199
- Indlæg: 15458
- Tilmeldt: 15.07.2008 15:58:34
Re: CLARIFICATION ON EU RULE FOR FREE MOVERS
The correct procedure is to apply for a new visa in the schengen country, where she already is. Eg. on the swedish embassy in Rome, if she is in Italy and want to accompany or join her husband in Sweden.
If the 2 schengen countries are nearby like Denmark and Sweden, a much easier solution is to just cross the border, even though the visa is expired, and hope to not be stopped. After all there is no regular control at any of the internal schengen borders.
I one is stopped, one might in theory be turned back. Or even held back for the purpose of being expelled from the Schengen area. However this is no different from the situation, one already faces, regardless of which Schengen country one is in, if the visa is expired.
If she is in Rome, italian police could at any time retain and deport her out of Schengen, when her visa is expired. So crossing the border to another schengen country changes nothing at all, when it comes to this risk.
Having entered an EU-country illegally does not interfeer with a family members EU residence right. So if this right can be confirmed (ie. valid marriage to an EU-citizen living in that country as a worker, student or self-sufficient person), the family member can no longer be deported, unless he/she represent a danger to society.
In reality therefore the requirement of being in possession of a valid visa upon entry should be understood as "entry to schengen area", if the EU-country is part of schengen. And since the visa was obviously valid, when she entered Schengen, there is no real problem. Only a hypothetical and theoretical one.
If the 2 schengen countries are nearby like Denmark and Sweden, a much easier solution is to just cross the border, even though the visa is expired, and hope to not be stopped. After all there is no regular control at any of the internal schengen borders.
I one is stopped, one might in theory be turned back. Or even held back for the purpose of being expelled from the Schengen area. However this is no different from the situation, one already faces, regardless of which Schengen country one is in, if the visa is expired.
If she is in Rome, italian police could at any time retain and deport her out of Schengen, when her visa is expired. So crossing the border to another schengen country changes nothing at all, when it comes to this risk.
Having entered an EU-country illegally does not interfeer with a family members EU residence right. So if this right can be confirmed (ie. valid marriage to an EU-citizen living in that country as a worker, student or self-sufficient person), the family member can no longer be deported, unless he/she represent a danger to society.
In reality therefore the requirement of being in possession of a valid visa upon entry should be understood as "entry to schengen area", if the EU-country is part of schengen. And since the visa was obviously valid, when she entered Schengen, there is no real problem. Only a hypothetical and theoretical one.