Schengen visa to travel with my British husband, after having been refused entry at port in the UK

10/7/2016 1:36:37 PM

You are a Ugandan national who was visiting the Netherlands on a Schengen and tried to use the Singh route to enter the UK with your husband. You did not qualify for Singh and Ugandan nationals otherwise require an entry clearance, so you were not successful. Since you were using the juxtaposed controls in France your biometrics were taken and you were served removal paperwork. Had you opted to fly the airline would have prevented you from boarding and hence no removal, and your record would be clean.

Will my future applications to enter the Schengen countries be granted
following this incident? I assume the notice of UK immigration’s
decision details were shared to the Schengen states whose visa I
legitimately held at the time!

All other things being equal, there’s no reason the event you described should be grounds for refusal. It’s not a credibility issue, it’s not a performance issue, it’s not a public funds issue. It looks like a one-off case of poor judgement. You will have to declare it going forward, but you need to do that anyway since your biometrics are on file.

What’s the best way to proceed after this ordeal?

Just carry on with whatever plans you have made. Apply for a UK Spouse visa, apply again for a Schengen short stay visa, or whatever your plans were.

Your original question, which got edited out…

Can I still apply for a spousal visa to the UK after the above
incident? Will I ever be considered?

Yes, these things happen all the time. Spouses apply under a different set of assumptions and the rules are all different. Additionally, UK spouse applications are informed by Article 8 as long as the financial hurdles in Appendix FM are cleared. A prior removal like the one you described is not a show-stopper at all.

10/7/2016 12:59:00 PM

Subsequent Schengen visa applications will certainly not be summarily refused based solely on this entry denial. Consular officers may take it into accout but as long as the rest of the application is fine, this does not sound like a very serious incident (at least based on the information you provided). The fact that you used your current visa correctly, did not overstay, etc. should also have a much greater weight.

Importantly, EU law does not apply to your husband when he is in his country of citizenship, but it does apply when he is visiting other EU countries. This means that a Schengen visa to visit him or join him on a holiday in Europe should be judged according to the (much more permissive) standard applying to the family of EU citizens. Basically, such a Schengen visa can only be refused if you are a threat to public safety or health or if there are reasons to believe you are lying about who you are or that your marriage is a sham. It cannot be refused merely because of doubts about the purpose of your trip or your intent to leave the area (which are two refusal reasons that would typically apply to someone who has been refused a visa elsewhere). In fact, if your husband decides to move to another EU country, you would have every right to stay with him, which is one reason why these reasons do not apply.

By contrast, if you travel alone (e.g. a business trip or some personal visit without your husband), the regular rules apply and evidence about the purpose of your stay, your intent, finances, etc. are in principle relevant.

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About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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