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!