EU family members visa- anybody successfully got this yet?

Kelpie

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A few months ago there was a good discussion on here about the option of using a provision under EU law for immediate family members to accompany an EU citizen, thereby getting around the 90/180 rule.
I know that this was of interest to several people here, and that @Graham376 had received advice in writing to confirm that this option exists.

Has anybody gone down this route yet? Whilst it seems that the option exists, it would be good to know how you go about it in practise. Can you apply after arrival, for example?
 

syvictoria

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A few months ago there was a good discussion on here about the option of using a provision under EU law for immediate family members to accompany an EU citizen, thereby getting around the 90/180 rule.
I know that this was of interest to several people here, and that @Graham376 had received advice in writing to confirm that this option exists.

Has anybody gone down this route yet? Whilst it seems that the option exists, it would be good to know how you go about it in practise. Can you apply after arrival, for example?

I don't believe that any visa is required so long as you aren't staying in any one state for more than 90 days. Furthermore, it's my understanding that this clock can be reset by simply leaving and re-entering said state. Once you get to 183/360 days, there may be additional requirements in terms of tax, etc. depending upon the state concerned.

That's my understanding of it anyway. Hope I'm right!
 

Graham376

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No need to apply for anything, just travel. UK spouse or partner of an EU citizen can travel throughout EU indefinitely in their company without any visa or reporting but have to carry a copy of marriage or civil partnership certificate. Still under the same rules for registering presence if in any State >90 days.

Don't know if other third country citizens would need a visa.
 

Kelpie

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No need to apply for anything, just travel. UK spouse or partner of an EU citizen can travel throughout EU indefinitely in their company without any visa or reporting but have to carry a copy of marriage or civil partnership certificate. Still under the same rules for registering presence if in any State >90 days.

Don't know if other third country citizens would need a visa.

Thanks Graham, it almost seems too good to be true. I wonder how familiar the various officials will be with this?
 

Graham376

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Thanks Graham, it almost seems too good to be true. I wonder how familiar the various officials will be with this?

I don't think officials will be too much of a problem face to face but do wonder what will happen with new Schengen database if/when details are logged in as hotels and marinas pass visitor details to authorities. Too early to see problems if any exist, very few people travelling. Lets face it, lots of other third country citizens moving through Europe and they seem to manage OK.
 

AndersG

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Our situation is that we live in the UK. She's only a UK citizen while I'm still an an EU citizen(Swedish).
I asked the EU about our situation after i saw their response to Grahams question and I'm copying the relevant part of the reply.

"The fact that your wife resides with you in the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if she intends to travel on her own to a Schengen Member State. Also, If you travel together to Sweden, the 90 days/180 days apply.

However, if she is travelling with you to another Schengen country, or joins you in another Schengen country, the 90/180 days limitation does not apply. Therefore any stays in the Schengen area together, will not be taken into account when she travels again on her own. Please be aware though that in this case she might need to have documentation to show on when you were travelling together and when you were not."
 

Graham376

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"The fact that your wife resides with you in the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if she intends to travel on her own to a Schengen Member State. Also, If you travel together to Sweden, the 90 days/180 days apply.

That's a strange situation having to stick to 90/180 in your country but not elsewhere, is this because you're known to be not resident in Sweden yourself?
 
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