Is a visa to Poland required for a Russian spouse of a Polish citizen?
I am a holder of a Russian passport and my husband is a Polish citizen. We both live and work in the UK. I have received my family member of EEA national card, good for 5 years. We would like to travel to Poland together. On the website of the Polish embassy it clearly states that if we are traveling together, I do not require a visa, however in the embassy they were sure that I do need a visa. Could anyone please clarify?
Best Answer
You do not need a visa. The relevant directive is 2004/38/EC.
Article 5, paragraph 2 says:
Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.
(Emphasis added.)
Article 10, paragraph 1 says:
The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called ‘Residence card of a family member of a Union citizen’ no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.
You have indicated that your residence card is a "family member of EEA national" card, so I assume that it is in fact the article 10 card that serves to exempt you from the visa requirement.
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