Schengen visa for a non-eu spouse of eu citizen
I hope you would be able to provide some advice as things are getting very frustrated. I am an EU national married to a Sri Lankan. At the moment I am in my home country and he is in Sri Lanka. We are planning to move to Czech Republic. Upon reading all the official websites of their ministries and such we came to the conclusion that we would get him a short-term tourist visa and once he is in Czech he would apply for a family permit. However, the Czech embassy has told me that they might not grant him a short-term visa if there is a suspicion he would stay in Europe? Is this Ok? Is our plan illegal? If so, what are you suggesting we do?
Best Answer
For the first 90 days of your stay in the Czech Republic, your husband should apply under the Visa procedures for the short stay of Family Members of EU Citizens (up to 90 days).
The visa application for family members of EU nationals is free of charge. The general processing time is fourteen days, but it might be extended, especially if the supporting documentation is not sufficient. In case of missing proof of the EU citizen identity and the family relationship, the applicant cannot be considered to be a family member of an EU citizen and standard rules of procedures will be applied.
He should be able to apply for his long-term residence permit after arriving on the short-term visa. As long as he is with you, he is covered by the EU right of freedom of movement, so he cannot be deported. If he stays in the country longer than 90 days without a permit, he could be liable for a fine, but no more.
Because you are able to stay together in the Czech Republic for up to 90 days with almost no conditions on your stay, this whole concern of whether the visa is a "settlement" visa is pointless. The relevant French version of these rules can be found at Européen en France : entrée et séjour de moins de 3 mois / Famille non européenne accompagnante. Perhaps if you point this out to the French Embassy they will have a better understanding of the kind of application you are making.
Pictures about "Schengen visa for a non-eu spouse of eu citizen"
Can spouse of EU citizen stay in EU?
As the husband or wife of an EU citizen, you cannot legally stay in the Schengen area without applying for a visa, unless you have some form of residency in the zone.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 .How long can a spouse of an EU citizen stay in EU?
You can stay in another EU country for up to 3 months without registering there but you may need to report your presence. The only requirement is to hold a valid national identity card or passport. If you want to stay longer than 3 months, you may need to register your residence.Exercising EU Treaty Rights | How to Apply for a Schengen Visa (Direct Family Members) | Kate Bladon
More answers regarding schengen visa for a non-eu spouse of eu citizen
Answer 2
As you tell it, it seems completely off-base. You do in any case have a right to move to the Czech Republic (with a few caveats: you need to either work or have sufficient financial resources) and to have your spouse join you so it seems odd to refuse him a visa on that basis (and, indeed, the usual grounds for refusal like “your intention to leave the territory of the member states before the expiry of the visa could not be ascertained” do not apply to EU citizens' family). Are they offering another type of visa instead?
In practice, one thing you could do is contact the SOLVIT centre in your country of origin. They might be able to clarify your situation or even assist you by contacting the Czech authorities.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Wikimedia Commons, freestocks.org, ArtHouse Studio, cottonbro