Residence Card of Romanian Family member - travelling to Vienna case

Hello,
I would like to share with you the case and also to get your opinions to the situation that happened to me recently. So, I am non-EU family member of Romanian citizen (permis de sedere membru familie Roman) which is issued for 5 years. Recently together with my husband(Romanian) we decided to take some short holiday trip to Austria(Vienna) with Austrian Airlines, booked round-trip tickets for 4 days and accommodation.
So, I made the check-in, passed the passport control and when we were boarding, the person checking the tickets, didn't let me to enter the plane, saying, that Austria doesn't accept this document(i.e. Permis de Sedere) and I need to have visa. She even double-checked with some other person, I believe maybe immigration or so, and said that Austria is the only one who doesn't recognize. I had with me my passport, RO ID card and even marriage certificate and my husband.
So, I was sure, that I can go to EU(Schengen zone) without visa issued, if I am travelling will all related documents and my husband together ( as EU movement website and Forum and Directive 2004/38/EC, about right to move freely as family member of EU citizen, together with him.
To clarify more the case, I wrote official compliance letter to Solvit, which is official entity of EU for solving question on EU rights: http://ec.europa.eu/eu-rights/enquiry-c … ageCode=en
Where I received the answer from them, but written by MAE(ministry of external affairs Romania) on behalf of Solvit. I was suprized by their answer, saying that this free movement as spouse of EU citizen, doesn't apply to me, as free movement is only for card holders of "Residence card of a family member of a Union citizen", where my family residence card is family member of Romanian citizen. They advised me to contact immigration, and ask/apply for different type of document.
For me it is pretty ridiculous/confusing, as spouse of Romanian Citizen=EU Citizen logically, as well as, neither on official romanian immigration web-site nor in their physical office, there not indicated such thing and also possibility to apply for it. As well as I read previously on Expat Forums and EU Forums, it was never mentioned such difference or applicability.
I would be grateful if you could share/advise if you've experience the same situation or if you know anything official related to this topic and the issuance of "family member of EU citizen" card specifically.
From my point of view, it is a bit discriminate approach, as well as trying to avoid extra responsibilities by issuance/acceptance of Residence Cards for non-EU citizens.

Thanks!

Hi @Romaniac, I saw there are not many opinion-replies on my post, I also noticed that you are providing grounded /informative replies/advises, so I would be grateful if you can advise/to hear your opinion on this topic with thanks.

Kind Regards,

Hi is very strange your experience I am not sure why happened this and if is right try to check unser on Mae.ro or immigration here is something that maybe can clarify some aspects :

https://www.google.com/amp/s/europa.eu/ … amp_ro.htm

In the airplane it is always like this, but some personnes by bus and train they went to other country normal like Hungary

Have a look at this page, it might clear a few things up. https://europa.eu/youreurope/citizens/t … dex_en.htm

It appears to be that Romania is not in Schengen is where the problem lies. This is an extract from the page in the link.
"Residence permits issued by countries outside the Schengen area do not allow non-EU family members to travel visa-free to a Schengen area country."

There are also a couple of examples of the national residence permit vs an EU family member's residence card, however this supposed EU family members card doesn't seem to exist in Romania.

after i read this i really dont get it . because last year, one men from Moroco he went by train with his wife his passport and sedere temporara to Hungary for 3 days normal without any Visa requirment

Hi
Have you got an answer yet if not please come back to me as soon as you can then we can discuss more. I am based in the UK and work as an immigration adviser.

Hello @Fidashka,

I just read this thread on the forum regarding your experience with the travel to Vienna using your "Permis De Sedere".

I would like to start out by clarifying; "Permis De Sedere" is your permit/valid document permitting your residency in Romania. Your travel to other destination depends on your country of nationality as well; apart from the fact that you reside in Romania and hold a "Permis De Sedere". Despite having the EU Comission in place to revert back to queries from non EU spouses it is not a thumb rule to be followed by; for Austria they do not validate the "Permis De Sedere" and take up the travel for a non EU spouse based on their country of nationality.

It is always advised before making final bookings for flights/hotel reservations always check with the embassy/consulate of the respective country you wish to travel to FROM Romania to avoid any surprises.

Since you country of nationality is "Azerbaijan" you will need to apply for a Schengen Visa from their embassy in Bucharest. However, since you are married to a EU Citizen (Romanian); all you need to do is fill up the Visa Form and provide the confirmed itinerary along with a recent passport photograph, passport, your "Permis De Sedere", your husbands Romanian ID and your Marriage Certificate as well. They would revert back to you with your application for a valid visa to travel within the 3 or 4 days. That would be all that is needed. Since you are married to a EU Citizen, you do not need to pay the visa charges. Please keep in mind you will need a Travel Insurance for upto a certain value which you can get from any insurance broker for a few RONS valid during your travel. They accept travel visa applications only 2 days in the week which you can check with them over the phone. It is straight forward and once the visa is stamped on the passport you can make the journey cheerfully.

If this was stamped while you made the travel, the airline staff would not have stopped you from boarding the aircraft. I am surprised that they allowed you to complete your Check-In in the first place without checking for your visa. Usually the counter staff are aware of the fact that despite the "Permis De Sedere" and travelling with Spouse rule, it does not always work and vary for each destination.

For some destinations having a "Permis De Sedere" while travelling on a return trip with your spouse would be sufficient. But for some it is not always the case. You will always need to check with the embassy/consulate if you need a valid visa or not before making the journey; as is the case for every non-EU family member whose country of nationality matters.

Hope it helps for your future travels.

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