A student need no bank statements. There is only a declaration needed. Regulations 2015 Paragraph 6 (3)(a)(III) (iii) is enrolled in an educational establishment accredited or financed by the State for the principal purpose of following a course of study there and has comprehensive sickness insuranc...

chaoscontrol wrote: ↑

Mon Feb 05, 2018 11:29 pm

Thanks for correction MGB , but as I understood MR Lounes still only got Derived `right and not a Permanent Residence after CJEU decision ?

PR is PR. Your wife cannot be handled less favourable than a other family member of a eu citizen with 5 year residence.

The content of the directive has priority.
A judge would have to follow the directive if something in the national implementation is missing or wrong.

You wife simply apply for a visa for the family member of eu citizen via the normal schengen application form. Mark other at field 21 and write family member EU. Read the explanation about the asterix. In field 25 the number 90 for the days and in fields 29 and 30 a period about 90 or 180 days. Mark...

Visa for the family member of a EU citizen. Mark other at field 21 of the schengen application form and write family member EU. Read the explanation about the asterix at the application form. Documents passport, copy of the eu passport, marriage certificate and copy, flight tickets or declaration in...

The link refer to residence permits witch is something different than residence cards.
Nobody can know if a person with a residence card stay longer outside of Germany.

Thank you for your support guys . Unfortunately (in the best outcome) this is going to be derived / derivative right to reside and not Permanent Residence for her as CJEU stated in Lounes`.. How do you come to this idea? Lounes judgement in the last sentence? "on conditions which must not be s...

Did they deny the residence permit application in writing?
If not the child is not illegal in Germany.
On the other side if both parents are in Germany it is not reasonable to send the child back to his home country for a visa.

I guess it is not worth the hassle to argue with the foreigner office. The right of free movement is also valid if your wife want to join you. If she carry Fiktionsbescheinigung, marriage certificate and receipt for the residence registration with her the dutch have to issue a visa if they don't lik...

Normally the Fiktionsbescheinigung is only valid together with the expired residence card/permit but your wife is still a family member of a eu citizen. If the dutch don't like the Fiktionsbescheinigung they have to issue a visa for the family member of a eu citizen at the border. Proof about to be ...

Did the father apply for a residence permit for his son?
Where is the mother and who could accompany the child if a visa in the home country is needed?

1. Sorry, I know only a link to the german and the french version.
2. If the embassy can understand Burmese they don't need a translation for the visa.
Maybe you need a translation in Italy for the carta di soggiorno. I don't know.

visa handbook part III section 3.6 Supporting documents . . - the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU citizen already resides in the host Member State or a confirmation that the EU citizen will travel to the host Member State) Some embassies accept a declarati...

The decision of a case worker is not foreseeable.
If I were you I would let apply the wife now.
It makes no sense to waste time.
If she has to appeal the home office will lose anyway.

I am unable to find any reference to this "right" in either Directive 2004/38/EC , Council Regulation (EC) No 539/2001 or on the Your Europe website . What is the source of this right? As a starting point Visa handbook from the EU commission C(2010) 1620 part III section 3.2 Service fee i...

You could try to file a complaint via EMail to the the spanish general consulat and refer to their web page.

Normally the entry country into the the schengen area is responsible for a visa for the family member of a eu citizen.

PS:
Beside this the irish have technically no access to the SIS anyway.
If the would want this information they would have to break the law and try to hack something.

If you don't need the visa asap complain to Solvit.
http://ec.europa.eu/solvit/index_en.htm

What is the difference between current and 2015?
I guess 3 years. No more fully usable for a family member of a eu citizen.
A family member has to be a current thread for a entry refusal.

The burden of proof lies on the side of the eu country and the family member has to be a current thread to public safety and not 10 years ago.
Thats the main difference.

I guess the schengen ban was illegal anyway.
Outside of Germany your husband is a family member of a eu citizen. A schengen ban for a family member of a eu citizen is not so easy if the officials follow eu law.

The United Kingdom operates the SIS but, as it has chosen not to join the Schengen area, the UK cannot issue or access Schengen-wide alerts for refusing entry or stay into the Schengen area. Ireland and Cyprus are not yet connected to the SIS. Ireland is carrying out preparatory activities to connec...

No she doesn't have to enter via Poland but Ukrainian citizen have visa free entry to the schengen area for up to 90 days in a 180 day period anyway if they hold a biometric passport.

Ireland has no access to the schengen SIS database.
Beside that are you sure he got a schengen ban? Schengen SIS database and german AZR database for german entry bans are different things.

TFEU is primary eu law and the directive is secundary eu law.
The UK is bound to primary eu law independently what UK law is saying.
At least till to the brexit.