1

As I mentioned in another question, my wife applied for a residence card (but that takes a long time, at least in Italy) and her Schengen visa expired. For this reason I was now considering if there was another way to get some travel documents for her sooner, for example by crossing the Slovenia-Croatia border and then immediately going back.

According to https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

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. 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). If they manage to prove it, they should be issued with an entry visa on the spot.

I presume that this is codified in Article 5 of "DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL"

article 5

But this only specifies (point 4) that the states should allow opportunity and time to corroborate or prove by other means that the person is covered by these rights. That would entitle the family member to (point 2) visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure, but doesn't guarantee that it would be done on the spot, and before turning them back.

Did I misunderstand something or is the statement should be issued with an entry visa on the spot not to be relied upon?

Improve this question
6
  • 2
    It also doesn't say how long that visa is to be valid for. They can give her a few weeks and ask her to go through the normal procedure to get one that is valid longer.
    – Henrik supports the community
    Commented Oct 13, 2022 at 6:55
  • 1
    I think the advice should be to apply for a residence card, there is no procedure to get a visa from within the Schengen area and certainly no basis for requiring the wife of an EU citizen to leave to get some document. The OP is already going through the normal procedure, it's unfortunate that this procedure is taking too long. But you're right that this is likely to happen.
    – Relaxed
    Commented Oct 13, 2022 at 7:42
  • 1
    Do you have a written confirmation that the residence permit/card as a family member has been applied for? (If you are Italian, a national residence permit may be issued). Did the original visa state as family member?
    – Mark Johnson
    Commented Oct 13, 2022 at 9:37
  • 1
    Some anecdotes I recall reading here over the years suggest that your wife is more likely to be admitted without a visa than actually granted a visa at the border.
    – phoog
    Commented Oct 13, 2022 at 10:59
  • @MarkJohnson I have a PEC (certified email) confirming the appointment, but it's unclear if any country other than italy would treat that as a legal document. Article 10 states "A certificate of application for the residence card shall be issued immediately", so it's unclear if Italy would be at fault, or if Italy consider the application not received until biometrics are collected. The original visa was not a family visa ( I was still trying to figure out which place was the best one to get married in: travel.stackexchange.com/q/174983/39490 )
    – berdario
    Commented Oct 13, 2022 at 15:10

0

Reset to default

You must log in to answer this question.

Browse other questions tagged .