Documents you need

Updated : 06/2012

Non-EU family members

Do they a need a visa?

If you are an EU national but you have family members who are not, they can accompany or join you in another EU country.

They must carry a valid passport at all times and, depending on the country they are from, may also have to show an entry visa at the border.

Your non-EU spouse, (grand)parents or (grand)children do not need to get a visa from the country they are travelling to if:

the country they are travelling to belongs to the passport-free Schengen area (see list below) and they have a residence permit or visa from another country in that area, or
they are travelling with you or travelling to join you and have a residence card issued by any EU country (except the country you are a national of).

The residence card should clearly state that the holder is a family member of an EU national.

Passport free Schengen area
Austria	Hungary	Norway
Belgium	Iceland	Poland
Czech Republic	Italy	Portugal
Denmark	Latvia	Slovakia
Estonia	Liechtenstein	Slovenia
Finland	Lithuania	Spain
France	Luxembourg	Sweden
Germany	Malta	Switzerland.
Greece	Netherlands

Your registered partner and extended family - siblings, cousins, aunts, uncles, and so on – can ask the authorities in an EU country to officially recognise them as family members of an EU national. EU countries do not have to recognise them as your family members but they do at least have to consider the request.

To avoid problems, contact the consulate or embassy of the country to which you are travelling well in advance to find out which documents your non-EU family member will be asked to present at the border. Be aware that some countries may fail to apply EU law correctly and your non-EU family members may be denied some of their rights, as described here.

If you have problems, you can always contact our assistance services.

Applying for a visa

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. Their application should be processed quickly and free of charge.

Countries which are members of the passport-free Schengen area should issue visas within 15 days, except in rare cases, when the authorities should provide an explanation of their decision.
All other countries (Bulgaria, Cyprus, Ireland, Romania, UK) – as quickly as possible.

The documents your family members need to include in their visa application may vary from country to country. Before travelling, check which these are with the consulate or embassy of the destination country.

Visas issued by a country belonging to the passport-free Schengen area are valid for all countries in that area.

Sample story

Marriage certificate enough to get a visa

Thomas is Irish and lives in Belarus with his wife Delia, a Belarusian national. When they wanted to visit Thomas's mother, now living in Spain, they applied for an entry visa for Delia.

She included their marriage certificate in the application, but the Spanish authorities also asked for proof of hotel accommodation in Spain and sickness insurance before they would issue the visa.

However, when Delia pointed out that no such additional documents were required under EU law, the Spanish authorities apologised for their mistake and immediately issued her entry visa.

Arriving at the border without an entry visa

It's always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by any means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.

Some countries may fail to apply EU law correctly, and your family members may be denied their rights. If your family members are having difficulties getting a visa, you can contact our assistance services.

Entry refusal

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".

If this happens, the authorities must prove that you or your family members pose a "genuine, present and sufficiently serious threat".

You are entitled to receive this decision in writing, stating all the grounds, and specifying how you can appeal and by when.

Footnote

In this case, the 27 EU member states + Iceland, Liechtenstein, Norway and Switzerland

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