Всем привет! Видела, что в чате несколько раз обсуждали тему с путешествиями без виз супругов граждан Евросоюза с пермитом Кипра. Я написала в Europe Advice свой вопрос и получила разъяснение, если вдруг кому будет интересно:
Dear Madam,

Thank you for your enquiry regarding your right to travel within the Schengen Area as a non-EU family member of an EU citizen residing in Cyprus.

According to Directive 2004/38/EC, non-EU family members who hold a valid residence card issued under Article 10 of the Directive are, in principle, exempt from the visa requirement when entering another EU Member State. This exemption is provided for in Article 5(2) of the Directive: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004L0038

However, this visa exemption only applies when the non-EU family member is accompanying or joining the EU citizen in the destination Member State. This condition is clearly stated in Article 3(1) of the Directive, which defines the beneficiaries of the free movement rights.

In your case, although you hold a MEU2 residence card as the spouse of an EU citizen and are legally residing in Cyprus, you state that you wish to travel alone (i.e. not accompanied by or joining your EU spouse) to another EU country such as Italy. Under the current legal interpretation, you would not meet the conditions for visa-free travel under Directive 2004/38/EC, and a Schengen visa would be required.

Recent Commission Guidance

In December 2023, the European Commission issued new guidance suggesting that non-EU family members holding an Article 10 residence card may travel alone without a visa, even from a non-Schengen Member State like Cyprus. You can find the Commission s guidance here (see Section 3(2)(a)): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52023XC01392

However, this interpretation has not yet been uniformly accepted or implemented by all Member States or air carriers. It also conflicts with the Directive s definition of beneficiaries and does not have binding legal effect like a judgment of the Court of Justice of the European Union (CJEU) would.

Therefore, in practice, border authorities and airlines may still require a visa if you are travelling without your EU spouse. Moreover, under Article 26 of the Schengen Borders Code (Regulation (EU) 2016/399), airlines are responsible for checking passenger documentation and may deny boarding if you are not clearly covered by the visa exemption:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0399

Expected Changes

The situation is likely to change as soon as Cyprus joins the Schengen Area, which is currently expected to happen in 2025. Once Cyprus becomes part of Schengen, your residence card issued in Cyprus would become a Schengen residence permit, entitling you to travel alone in the Schengen Area for up to 90 days in any 180-day period, without needing a visa and regardless of whether you are accompanied by your EU spouse. This would be based on Article 21 of the Schengen Convention, which allows visa-free movement for holders of valid residence permits issued by Schengen States.

Recommendation

Until that time, we recommend that you apply for a Schengen visa before travelling alone from Cyprus to another EU country. If you travel together with your EU spouse, or are clearly joining him in the destination country, you should be able to rely on your residence card and the Directive.

We remain at your disposal for any further questions you may have on your rights in the EU.

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