The list of countries whose nationals require visas to travel to the United Kingdom or Ireland differs slightly from other EU countries. If your non-EU family members need an entry visa, they should apply for one in advance from the consulate or embassy of the country they wish to travel to. We place a high value on good communication, ensuring that our clients fully understand the key issues without overwhelming them with a mass of unexplained information. As Ireland is not part of the Schengen area, Joyce is required to obtain an entry visa to travel to Ireland with Luuk. Yes I am a non-EU national married to an Irish national and living in Ireland with him. 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 non-Schengen country, you must apply for a visa to enter that country. No. marriage certificate, birth certificate etc.) The old style stamp preceding the EU Residence Documentation sticker is also accepted for visa free travel as long as it refers to the holder being a family member of an EU/EEA national exercising Treaty Rights. Before travelling, check which these are with the consulate or embassy of the destination country which documents are required. Joyce, a Nigerian national, lives in the Netherlands with her Dutch husband Luuk. The SWCU is unique – both in terms of its composition and its approach. Your residence card was issued by a non-Schengen country and you are travelling to a non-Schengen country. Your non-EU family members must carry a valid passport at all times and, depending on the country they are from, they may also have to show an entry visa at the border. Countries which are members of the border-free Schengen area should issue visas within 15 days, except in rare cases, when the authorities should provide an explanation for their decision. - Travel documents for non-EU family members, EU Regulation establishing a Community Code on Visas (Visa code), Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, EU Regulation setting out a uniform format for residence permits for third-country nationals, EU Decision on a simplified regime for the control of persons at the external borders, Publications Office of the European Union, You do not need a visa if you have a residence card as an EU national family member issued by an EU country other than the country your EU spouse / partner is a national of, You do not need a visa if you have a residence card as an EU national family member issued by an EU country other than the country your EU spouse / partner is a national of. Accident at WorkAccident AbroadRoad Traffic AccidentSlip, Trip or FallMedical NegligenceIndustrial DiseaseDog BiteOther, When did it happen? Read more about your non-EU family members' residence rights if they move with you to another EU country. If this happens, the authorities must prove that you or your family members pose a "genuine, present and sufficiently serious threat". Bulgaria, Croatia, Cyprus, Ireland, Romania, United Kingdom. EU countries do not have to recognise them as your family members but they do at least have to consider the request. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. A valid, genuine Article 10 (or Article 20) residence card allows the non-EEA national family member of an EEA national to travel to the UK without the requirement to obtain an EEA family permit. Under EU rules, you have the right to travel together with your core family members (non-EU spouse, children, dependent parents or dependent grandparents) to an EU country other than the one you are a national of. Exemption visa application for certain EEA/EU family members: As a family member of a Dutch national, Joyce has been issued with a Dutch residence permit in the Netherlands. Learn more about Mailchimp's privacy practices here. You will need a visa if you are travelling to Switzerland with a non-EU family member's residence card issued by a non-Schengen area country – this applies if you are travelling alone, together with your EU spouse / partner or if you are joining them in Switzerland. If your family members are having difficulties getting a visa, you can contact our assistance services. We are experienced in dealing with wide range of claim including private individuals and business customers from those of modest value to accident cases on road, at work or public places. you are not exercising EU Treaty rights). Within last monthOne to six month agoSix to 12 months ago12 months to 3 years agoMore than 3 years ago, Have you taken any legal advice about it already? The residence card should clearly state that the holder is a family member of an EU national. These rules also apply to your non-EU registered partner if the country they are travelling to considers registered partnerships as equivalent to marriage. As a protection against spam, you'll need to type the words that appear in this image to submit an inquiry. Ying and her husband wish to travel to Romania for an autumn break. If they manage to prove it, they should be issued with an entry visa on the spot. If this happens, the authorities must prove that you or your family members pose a “genuine, present and sufficiently serious threat”. Other nationals included in Annex I of Council Regulation 539/2001, who are exempt from visa requirement, can travel without a visa. ), Non-Schengen area country (Bulgaria, Croatia, Cyprus, Ireland, Romania, United Kingdom), Public Register of Authentic travel and identity Documents, FAQs You must be either travelling together with your EU spouse / partner or you are joining them in the non-Schengen country. If you are an EU national but you have family members who are non-EU national, they can accompany or join you in another EU country. Visa holders present in the Schengen area who cannot leave at the expiry of their short-stay visa must contact the authorities of the Member State in which they are located to ask for an extension of their visa. However, if you travel to Portugal on your own and do not plan to join EU family members there, you will require a visa even if you hold a valid residence card. Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland. It is always best for your non-EU family members to be well-informed in advance and to have all the necessary documents before starting their journey. You are entitled to receive this decision in writing, stating all the grounds, and specifying how you can appeal and by when. Since you will be travelling outside the Schengen area and will not be travelling with or to join an EU family member, your residence card will not suffice. In very rare cases, an EU country can refuse entry to you or your family members for reasons of “public policy, public security or public health”. However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by other means that they are your family members. However, if they arrive at the border with their passport but without an entry visa, the border authorities should give them the opportunity to prove by other means that they are family members of a mobile EU citizen. Visas issued by a country belonging to the border-free Schengen area are valid for all countries in that area. We advise on all aspects of UK taxation, with particular emphasis on inheritance and capital gains tax planning. The ECJ decided that Helena McCarthy’s Spanish residence card entitled her to travel to Britain without first obtaining a UK visa in Spain. However, in order to be admitted to the UK you will need to demonstrate that you have a right of admission under EU law. Please select all the ways you would like to hear from : You can unsubscribe at any time by clicking the link in the footer of our emails. NO - He does not, family members of EU nationals can get their entry visas free of charge. Our family lawyers in London are specialised in all types of family law and divorce matters such as high net value financial settlements, complex financial issues and child matters.If you’re going through a difficult time and need expert advice you can trust, we can help. Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court. and dependency (if required), proof that the EU citizen is already living in the host country (if they are joining them), a declaration that the couple will travel together (if the family member will be accompanying the EU citizen). Your residence document was issued by a Schengen country in a standard format in line with EU rules and you are travelling to a Schengen country. If this is not clear they may be issued with the wrong type of visa for which they will be charged. Our employment law team have a wealth of experience in dealing with employment law problems. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. If your non-EU family members need an entry visa, they should apply for one in advance from the consulate or embassy of the country they wish to travel to. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. They can do so by providing proof of their identity and family ties with an EU citizen (for example a marriage or birth certificate) and, proof that they are joining or accompanying the EU citizen (for example, proof that the EU citizen is already living in the country where entry is sought).

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