ChristianPhone: +353-87-123456771 Example RoadMobile: +353-87-1234567Center of the CityFax: +353-87-1234567DublinE-mail: firstname.lastname@example.orgIreland // Irlande // IerlandEuropean ParliamentThe President of the European ParliamentRue Wiertz1047 BrusselsBELGIUMDublin, 28
Petition to the Parliament // visa-free-travel for EU-Family members
Dear Sir or Madam,Within the EU there are two main legal frameworks that govern the free movement of persons,namely the “Schengen agreement”, which is widely and publicly known, as well as Directive2004/38/EC, of which general awareness is much smaller.I would like to draw your attention to the practical difficulties that EU citizens face whenattempting to exercise their right of free movement together with their non-EU family member, asguaranteed by the mentioned Directive. (Figure 1)While the Schengen agreement comprises most countries of the European Union (plus Norway andIceland, with Switzerland and Liechtenstein to follow soon), five countries of the European Union,namely the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland,Bulgaria, Romania and Cyprus,are not part of the Schengen agreement as far as lack of routine border controls is concerned (referred to as “the exceptions” for the remainder of this document).For EU citizens with non-EU family members, the above situation has major implications. Whentravelling inside the Schengen area there are no complications. As passports are not checkedEU citizens travelling with their non-EU family members are able to exercise their right of freemovement under Directive 2004/38/EC. However, when travelling in one of the following scenarios
Between “the exceptions” OR
From “Schengen” to one of “the exceptions” OR
From one of “the exceptions” to “Schengen” OR
From outside the EU into the EU passengers are (in most cases) subject to immigration control. This does not always run verysmoothly:As per Directive 2004/38/EC, once in possession of a “Residence Card for Family Members”(Article 10), family members of EU citizens shall be allowed to travel throughout all member stateswithout any additional visas (Article 5, section 2), as long as they are accompanying or joining their EU family member.