other: Schengen

Countries and Member States that are part of Schengen:

• Austria, Belgium, Czech Republic, Denmark, Estonia,
• Finland, France, Germany, Greece, Hungary,
• Iceland, Italy, Latvia, Lithuania, Luxembourg,
• Malta, Netherlands, Norway, Poland, Portugal,
• Slovakia, Slovenia, Spain, Sweden, Switzerland

Schengen visas: special arrangements for family members of EU citizens

The raw law is laid out in the Schengen Visa Code: Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (with free movement highlighting)  (or original source without highlighting)

The Schengen Handbook for the processing of visa applications – C(2010) 1620 final – European Commission decision of 19.3.2010 (with free movement highlighting) (or original source in English,  French and German without highlighting) is an easier to read document which describes how Schengen visas should be issued, which special sections on family members of EU/EEA citizens:

The major section of interest to family members of EU citizens is “PART III: SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY MEMBERS OF EU25 CITIZENS OR SWISS CITIZENS” (Starts on the page numbered 86)

The right of free movement of EU citizens would not have any useful effect without accompanying measures guaranteeing that this right is also given to their families. Therefore the Directive extends the right to free movement to family members of EU citizens. Article 5(2), 2nd sub-paragraph of the Directive provides that “Member States shall grant [family members covered by the Directive] every facility to obtain the necessary visas.  Such visas must be issued free of charge as soon as possible and on the basis of an accelerated procedure.” (page 86)

Repeatedly in the document, it lists requirements which applies for normal applicants, but then notes: “For the procedural safeguards in relation to family members of an EU or Swiss citizen, see Part III.”

No visa required for holders of a “Residence Card” for family members of an EEA citizen

• “Article 5(2) of the Directive provides that possession of a valid residence card referred to in Article 10 of the Directive exempts third country family members from the visa requirement.   Example: […] United Kingdom “Article 10″ residence card issued to the Moroccan spouse of a Belgian citizen.”

No fee is payable

• “No visa fee can be charged.” (Part III Section 3.1)
• “It is not possible to apply or accept an increased “fast track fee” if an accelerated handling of an application is requested.” (Section 4.4.1), though in all cases the visa for  family members of EU citizens must be issued “on the basis of an accelerated procedure“. (III page 86)
• “As family members should not pay any fee when submitting the application, they cannot be obliged to obtain an appointment via a premium call line or via an external provider whose services are charged to the applicant. Family members must be allowed to lodge their application directly at the consulate without any costs.”  (Part III Section 3.2)
• “If an appointment system is nevertheless in place [for family members of EU citizens], separate call lines (at ordinary local tariff) to the consulate should be put at the disposal of family members respecting comparable standards to those of “premium lines”, i.e. the availability of such lines should be of standards comparable to those in place for other categories of applicants and an appointment must be allocated without delay.” (Part III Section 3.2)

Visas must be processed as soon as possible and on the basis of an accelerated procedure

• “Member States shall grant third country family members of EU citizens falling under the Directive every facility to obtain the necessary visa. This notion must be interpreted as ensuring that Member States take all appropriate measures to ensure fulfilment of the obligations arising out of the right of free movement and afford to such visa applicants the best conditions to obtain the entry visa.” (Part III Section 3.3)
• “The visas must be issued as soon as possible and on the basis of an accelerated procedure and the procedures put in place by Member States (with or without outsourcing) must allow to distinguish between the rights of a third country national who is a family member of an EU citizen and other third country nationals. [Family members of EU citizens] must be treated more favourably than [other third country nationals]“. (Part III Section 3.4)
• “Processing times for a visa application lodged by a third-country national who is a family member of an EU citizen covered by the Directive going beyond 15 days should be exceptional and duly justified.”  (Part III Section 3.4)

Crossing Schengen Borders

• Schengen Borders Code:  Regulation (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders contains the legislation regarding border crossing in Schengen
• Practical Handbook for Border Guards (Schengen Handbook): Brussels, 06/XI/2006C (2006) 5186 final – EUROPEAN COMMISSION RECOMMENDATION establishing a common “Practical Handbook for Border Guards (Schengen Handbook)” to be used by Schengen Member States’ competent authorities when carrying out the border control of persons.   (It is also available in Italian, French, German, Spanish, Dutch, Portuguese, Polish, Latvian, Finnish, Hungarian, Greek and likely other EU languages)
• The Practical Handbook was slightly amended in 2008 to reflect the new member states.  Interestingly the amendments remove mention of family members of Swiss (CH) citizens when talking about entering Schengen without a required visa (change to point 6.3.2)
• The Practical Handbook is a useful reference if you wish to enter a Schengen country with your EU family member and you do not hold the “required” visa

General legal information from the EC about Schengen

• Schengen policy