Can my spouse with EEA Family Permit (UK) travel visa-free to France (my country of citizenship)?
I am a French national residing in the U.K. with my non-EU husband. He is here on an EEA Family Permit, and will apply for the residency card when it expires (but U.K. website even says the residency card isn't technically required--odd!). We want to travel to France for 3 days. Does he need a visa? The issues underlying my question are two-fold: 1) it's a permit, not the Article 10 residence card (but holds the same weight) and 2) because I'm French and we'd be going to France, is there visa exemption when traveling to my home country? I emailed the French embassy but I think they are misinformed as they said family members of French citizens aren't covered under Directive 2004/38, which conflicts with a recent court case cited in another thread.
At this point there's no time to apply for a visa in time for our trip, so I almost want to wing it! The EEA family permit doesn't say I am French, it just says : "EEA family member to join MY NAME" I've read anecdotal accounts online with similar situations who said their spouse was not required to have a visa. It almost sounds like it depends on border control.
Thoughts/advice? Thanks!!
This information is from the French consulate FAQ page:
Best Answer
No, your spouse can only travel visa free with an Article 10 residence card. The EEA family permit is similar to an Article 10 card, but for the purpose of visa-free travel, only the Article 10 residence card will do.
You may be able to apply for the visa at the border, though, if you are not flying to France, but you might have trouble. The process of getting a visa for the spouse of a French citizen is more difficult, not less, than for spouses of citizens of other EU countries.
Your husband should be able to benefit from the simpler EU procedure described in directive 2004/38/EC, because you reside in another EU country. This follows from the Surinder Singh judgment, but I don't see any evidence that the French government has implemented this judgment, so I would not count on it if I were you.
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Can I travel to France with EEA family permit?
Once in France, the application for a residence permit \u201cMember of the family of a citizen of the Union / EEA / Switzerland\u201d is compulsory and must be made to the Prefecture of the place of residence, within 3 months of entry into France.Does EEA family member need visa to France?
If your family (spouse, children under 21, and dependent parents) are non-EU/EEA/Swiss nationals, they are entitled to relocate to France with you, but will need to apply for a residence permit (carte de s\xe9jour) from the pr\xe9fecture within three months of arrival.Does the spouse of a EU national with UK permanent residence need a Schengen visa?
If you have a residence card as an EU national family member and you are not accompanying or joining your EU spouse / partner in the Schengen country, you must apply for a visa to enter that country.Can I travel to France on a UK spouse visa?
If your UK residency does not state 'Family Member of an EEA national', you will need a visa to travel to France." So my post 2 needs qualification: if your wife's UK spouse visa says "Family Member of an EEA national", she doesn't need a visa; otherwise, she does.More answers regarding can my spouse with EEA Family Permit (UK) travel visa-free to France (my country of citizenship)?
Answer 2
There's lots of confusion because people just don't understand what they are talking about.
If you ask about travel to some Schengen countries visa free you will receive different answers about different requirements because it is not a visa free travel.
EEA family permit actually is a visa. It is not a Schengen visa because not all EEA countries are in Schengen zone.
It is a visa for all EEA countries if you travel with your family member or you travel alone to join your family member who already is in that country. Bear in mind that EEA family permit is not processed by the UK border law, but European laws and officers.
You even have this information when you fill the application for it. For example there's information that if you are unmarried partner and you can prove durable relationship EEA family permit is for free.
If you can't prove durable relationship your application fall down into UK fiance visa and you have to pay the fee and it will be processed by UK law and clearance officers.
So that's what exactly happen in your case. At the France border control you show them EEA visa and they treat it as a visa of multiple entry what is clearly stated on the sticker.
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