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3.1.2 Non-EU family members

Non-EU citizens who are members of the family of an EU citizen need a valid passport. They may also be required to have a visa if they are non-EU citizens subject to the visa obligation (see Section 3.3 - Visa rules). For exemption from the visa obligation, see Section 3.2 - Visa exemption for non-EU family members.

Examples:

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R. is an EU citizen holding the nationality of Member State A and resides with her Chinese spouse, M., in Member State B, which is not part of the Schengen area (129) . M. has a residence card issued under Article 10 of Directive 2004/38/EC by Member State B. R. and M. travel to Member State C, which is part of the Schengen area. M. has a residence card issued under Article 10 of Directive 2004/38/EC, so he is exempted from the visa requirement under the Directive, even when travelling to Member State C which is part of the Schengen area.

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T. is an EU citizen holding the nationality of Member State B and resides with his Indian spouse, S., in Member State D, which is part of the Schengen area. S. has a residence card issued under Article 10 of Directive 2004/38/EC by Member State D. S. travels to Member State E, which is not part of the Schengen area. S. has a residence card issued under Article 10 of Directive 2004/38/EC, so she is exempted from the visa requirement under the Directive, even when travelling alone to Member State E which is not part of the Schengen area.

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P. is an EU citizen holding the nationality of Member State A. He resides with his Chinese spouse, L., in Member State B, which is not part of the Schengen area. L. holds a residence card, issued by Member State B under Article 20 of Directive 2004/38/EC. L. travels alone to Member State C, which is part of the Schengen area, and then, to Member State E, which is not part of the Schengen area. The residence card has visa-exempting effect in Member State C and in Member State E, even if L. travels alone.

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Y. is an EU citizen holding the nationality of Member State A, which is not part of the Schengen area. He resides with his Indian spouse, T., in Member State C, which is part of the Schengen area. T. holds a residence card issued by Member State C under Article 20 of Directive 2004/38/EC. The residence card has visa-exempting effect in Member State A. The residence card has visa-exempting effect in Member State A even if T. travels alone.

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