Passport validity?

[gmarkoma]

Hi everybody,

We are moving soon to Finland, however, my son's passport will be a bit delayed and there is a chance my wife's passport (non-EU) to have less than 6 months validity. I read the rule that usually Schengen demands like 3 months validity for the visit + 3 months after the visa validity. Now that it's not visit, but moving, do they demand minimum 6 months passport validity? I will call the embassy also but I was interested in case someone had a similar experience.

Thanks!

[betelgeuse]

Hi everybody,

We are moving soon to Finland, however, my son's passport will be a bit delayed and there is a chance my wife's passport (non-EU) to have less than 6 months validity. I read the rule that usually Schengen demands like 3 months validity for the visit + 3 months after the visa validity. Now that it's not visit, but moving, do they demand minimum 6 months passport validity? I will call the embassy also but I was interested in case someone had a similar experience.

Thanks!

Are you an EEA citizen who has used free movement rights to move to Finland?

[gmarkoma]

Hi,

I am EU citizen but not the rest of the family. We'll use the free movement rights, my wife has Schengen visa until March 2021 (Phlippines passport), my son is American, no need for visa.

Thanks.

[betelgeuse]

I am EU citizen but not the rest of the family. We'll use the free movement rights, my wife has Schengen visa until March 2021 (Phlippines passport), my son is American, no need for visa.

Entry under the free movement directive only requires a valid passport: "(1) A family member of a Union citizen who is not a Union citizen entering into and residing in the country are required to have a valid passport. Such a family member may be required to have a visa if the family member is a citizen of a State for which, under a Council Regulation, a visa is required."

https://www.finlex.fi/fi/laki/kaannokse ... 040301.pdf

Schengen rules are only applied to stays intended to last maximum of 90 days in a 180 day period. A permanent move is obviously above those limits.

A practical difficulty though can be convincing the airline to let family members board.

[gmarkoma]

Thanks a lot both of you. Embassy of Finland informed me for 3 months minimum validity. However, they told me that immigration could ask my wife to renew her passport if expiring so soon. Yes, probably better to renew here.

[heretostay]

My daughter has a residence permit and had only 2 months left on her passport when she traveled to Finland. No problems.

[gmarkoma]

My daughter has a residence permit and had only 2 months left on her passport when she traveled to Finland. No problems.

Wow that was short. Do you mind to tell me which airline you used? Maybe I have to call airlines to ask then. Thanks for the answer.
Did you had residence permit before the travel?

[FinlandGirl]

I am EU citizen but not the rest of the family. We'll use the free movement rights, my wife has Schengen visa until March 2021 (Phlippines passport), my son is American, no need for visa.

Entry under the free movement directive only requires a valid passport: "(1) A family member of a Union citizen who is not a Union citizen entering into and residing in the country are required to have a valid passport. Such a family member may be required to have a visa if the family member is a citizen of a State for which, under a Council Regulation, a visa is required."

My daughter has a residence permit and had only 2 months left on her passport when she traveled to Finland. No problems.

They cannot register the right of residence from abroad, when entering they are under the same visa rules as tourists.

[betelgeuse]

They cannot register the right of residence from abroad, when entering they are under the same visa rules as tourists.

The visa process is different for family members and tourists.

[gmarkoma]

I understand that we are tourists while entering (not sure if any document could change that, contract or a letter from my work), however, the embassy of Finland told me 3 months passport validity, the airline company is a different story though. My issue is that if we renew my wife's passport we'll delay to travel but probably it is more safe.

[FinlandGirl]

A practical difficulty though can be convincing the airline to let family members board.

If the passenger is denied entry, the airline has to take the passenger back and pay a hefty fine.

You would have to convince the airline that you are guaranteed to be allowed to enter Schengen because at some point in the future Finland will register your right of residence.

They cannot register the right of residence from abroad, when entering they are under the same visa rules as tourists.

The visa process is different for family members and tourists.

And your point is?
The visa has already been granted.

[FinlandGirl]

however, the embassy of Finland told me 3 months passport validity, the airline company is a different story though.

Whatever official information you get, try to get it in writing.

[betelgeuse]

A practical difficulty though can be convincing the airline to let family members board.

If the passenger is denied entry, the airline has to take the passenger back and pay a hefty fine.

You would have to convince the airline that you are guaranteed to be allowed to enter Schengen because at some point in the future Finland will register your right of residence.

They cannot register the right of residence from abroad, when entering they are under the same visa rules as tourists.

The visa process is different for family members and tourists.

And your point is?
The visa has already been granted.

There's no immigration category of tourists (in the legal sense). There's a difference in issuing and entering with visas for family members of EEA citizens and visa holders with no EEA connection.

[gmarkoma]

We just booked an appointment for passport renewal but I have to drive 7.5 hours to Philippines embassy
I will call airlines, some of them say on their web site about the 6 months validity but I am not going for tourism.
My son has no visa as my family, it is his first passport, he is 14 months old, of course I have his birth certificate with Apostille.

[FinlandGirl]

A practical difficulty though can be convincing the airline to let family members board.

If the passenger is denied entry, the airline has to take the passenger back and pay a hefty fine.

You would have to convince the airline that you are guaranteed to be allowed to enter Schengen because at some point in the future Finland will register your right of residence.

The visa process is different for family members and tourists.

And your point is?
The visa has already been granted.

There's no immigration category of tourists (in the legal sense). There's a difference in issuing and entering with visas for family members of EEA citizens and visa holders with no EEA connection.

My point is that the intention to register the right of residence at some point in the future is irrelevant when she enters Schengen based on her existing visa.

I will call airlines, some of them say on their web site about the 6 months validity but I am not going for tourism.

The rules are not set by the airlines, the airlines are only legally required to ensure that they do not carry any persons who might be rejected at immigration.
The relevant question is whether your wife is legally required on her current visa to have 3 months or 6 months of validity when entering.

my wife has Schengen visa until March 2021 (Phlippines passport), my son is American, no need for visa.

These two countries are not on the list of safe countries whose citizens will be allowed to enter Schengen starting next month.
You should be able to bring your family into Schengen, but remember to check what exactly is possible before booking your travel.