Can I travel visa-free in Europe as a spouse of an EU citizen?
I have been living in Cyprus for two years with my boyfriend. I am South African and he is British. We will be getting married in Cyprus this month
- Once married will I be able to travel freely within Europe or will I still have to apply for a visa as a third country national?
I know people are asking similar question but the information provided is not very straight forward. I would really love some clarification on what I may need to apply for or do!
Best Answer
The rules are quite complicated, let's unpack this:
As the spouse of an EU citizen residing elsewhere in the world (say if you would move to South Africa or anywhere else), you might still need a visa (depending on citizenship) but if you are travelling with your husband that visa should be issued quickly and free of charge by all EU and associated countries (that's the Schengen area but also Ireland, Cyprus, Romania, Bulgaria and Croatia) except his country of citizenship (so the UK might require you to get another, more onerous, visa even though it does offer the EEA family permit for spouses of other EU citizens).
If you are not travelling with your husband, in theory you need a regular visa (i.e. you have to pay the visa fees and provide a lot more evidence about your finances, etc.)
As the spouse of an EU citizen residing in another EU country than his country of citizenship (e.g. if you reside in Cyprus or France or Germany but not in the UK), you should get a residence card as “family member of an EU citizen”. With that card, you can travel together visa-free to any EU and associated country (again that's the Schengen area but also Ireland, etc. and the UK) A court case recently confirmed that this does apply to your husband's country of origin so you could go to the UK together without a visa.
I don't know what your status currently is but, once you are married, it's probably beneficial to apply for this card from the Cyprus authorities as it entails a number of rights like this one. If you don't do that, you are in the first situation (you need a visa, but it should be quick and free of charge).
As the spouse of an EU citizen residing in the Schengen area (or, indeed, as a resident in the Schengen area even without being part of the family of an EU citizen), you could travel visa-free to the rest of the Schengen area. The distinction is subtle but that right does not derive from your husband's freedom of movement rights so it applies even if you travel alone. But of course only if you live in the Schengen area (so for example if the two of you would move to Greece or France or Italy). It does not apply to holders of a Cyprus residence permit, because the country cannot join the Schengen area because of the separation of the island.
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Do spouses of EU citizens need a visa?
Holders of a residence card as an EU national family member don't need to obtain a visa if travelling with an EU national.Is Schengen visa free for EU spouse?
Please note, spouses of European citizens are generally exempt from the standard Schengen visa fee for adults (80 Euros). However, if you are applying through a visa service provider, you will likely have to submit a service payment with your visa application.Can EU family member travel to Europe without visa after Brexit?
EU , EEA and Swiss citizens can travel to the UK for holidays or short trips without needing a visa. In other cases, find out if you need to apply for a visa to enter the UK . You can cross the UK border using a valid passport which should be valid for the whole time you are in the UK .Can I stay in Europe if I marry an EU citizen?
Like all spouses or partners of EU citizens, you have the right to reside alongside your partner within EU member states, providing you can present a valid passport, a document proving the existence of a family relationship or a registered partnership, or proof of a durable relationship, as well as proof of your spouse ...Rights of EU Citizens (That Many Somehow Don't know!)
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Answer 2
There are two options for you:
- As a resident in an EU country who is married to a citizen from another EU country (e.g. as a Cryprus resident married to a Brit) you can get a residence card which explicitly mentions that you're a family member of an EU citizen. With this card, you need no visa.
- As a family member of an EU citizen, there is a simplified process for your visa application. This means you still need a visa, but it is easier to get.
Either way, your travel rights apply if you travel with your husband.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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