calling someone stubborn who does not rationalize and fails to understand the arguments is not abusive! what never had someone confront you for your failure to see reason based on facts?!! Which arguments? Even your quoted text in your post from June 01 has the clause without prejudice to: (a) the ...

Community law (under directive 2004/38) instructs an entry visa for TCN under EC 539. What are you blabbering about doesn't apply to family member of eu citizen ( part 3 says specific rules to be applied for family members, specific does not mean the only rules it's an additionally set of instructi...

@mgb please use some time and read the document you linked yourself- https://ec.europa.eu/home-affairs/sites/homeaffairs/files/policies/borders/docs/c_2010_1620_en.pdf Is it so hard to understand that EU community law overrule schengen law? The section you refered to is not applicable for a family ...

@mgb, I am really lost in trying to explain you as clearly as possible, I am completely aware of the grounds of refusal for a directive 2004 entry visa application. It looks like you are not even understanding what I am saying maybe because of language barrier. too bad, makes no sense to give any w...

Visa handbook PART II:OPERATIONAL INSTRUCTIONS ON THE PROCESSING OF VISA APPLICATIONS . 4. BASIC ELEMENTS OF THE VISA APPLICATION In order for an application to be considered admissible, the following must be fulfilled: – a filled in and signed application form, a valid travel document and a photogr...

Visa handbook of the EU commission C(2010) 1620 final PART III:SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY MEMBERS OF EU CITIZENS OR SWISS CITIZENS. 3.8. Refusal to issue a visa A family member may be refused a visa exclusively on the following grounds: • the visa applicant failed to demons...

If a visa get denied the right of entry get denied.

The important thing in article 6 EC. 810/2009 is

without prejudice to:
(a)
the rights of free movement enjoyed by third-country nationals who are family members of citizens of the Union;


Article 5 of the directive 2004/38 give the right of entry independently where the journey starts.

Citizen of Guatemala get visa free entry to the schengen area. If the spouse is a citizen of Guatemala she can enter the schengen area and apply for a resident permit (Aufenthaltskarte) at the local foreigner office in Germany. Bank statement, health insurance and pay slips are not a requirement for...

Casa wrote: ↑

Mon Mar 05, 2018 7:41 pm

Schengen visas aren't issued at border posts.

Maybe you should take a look at the schengen borders code.

You won't be issued with a French Schengen visa through an application made in the UK as you have no legal status here. Do you say if he go to the french border post at St. Pancras, Dover or Folkstone with his wife and the marriage certificate he cannot get a visa for a family member of a eu citizen?

Hi mgb Thanks for clarifying this. lets see how INIS will respond to my appeal. Eu directive 2004/38 article 2 : Definitions For the purposes of this Directive: . . 2) "Family member" means: . . (d) the dependent direct relatives in the ascending line and those of the spouse or partner as...

I remembered your case regarding to German consulate. But I emailed them and asked specifically (after a few emails to and fro) if they can consider me a special case and help since Vietnam is too far away to fly back and apply. They said No Way. I have to arrange it myself. All in writing emails. ...

Davinci4040 wrote: ↑

Fri Mar 02, 2018 11:46 am

pls take note of the "permitted family member statement"

If you apply on the wrong basis you get a wrong decision.
Appeal and point to the error of your solicitor.

Arrived in Milano Bergamo we queued in the "EU/EEA/CH" line and at the border I showed to the italian police officer our passports and her Residence Card telling him "she is my wife". Without saying a word the officer put the Card in a reading machine, stamped my wife's passport...

If you can prove current dependency there should be no problem.

Did you appeal the INIS decision?

For the entry visa:
https://www.germany.info/us-en/service/ ... isa/922292
Look at blue card.

For the bllue card application in Kempten:
https://kempten.de/blaue-karte-eu-4065.html

But it doesn't fall under 'relying on public funds' in regard to PR.
Btw. a family member of a EU citizen is not a immigrant. She doesn't fall under UK immigration law.

Child benefit doesn't fall under 'relying on public funds'.
If she would be over the treshhold she would has to tax it.

Densky wrote: ↑

Wed Feb 21, 2018 9:35 am

Hi,
Thank you so much for your reply. My querry is, do i need to be there first before applying his visa? Or i can apply and travel at thesame time? Bit confused?

The directive is saying accompany or join.

Germany after 3 years for the spouse of a german citizen.
If the german immigration law is to much hassle maybe Surinder Singh route before.

- copy of the eu passport
- marriage certificate and copy
- your passport
- travel tickets or a declaration in writing of the eu citizen that the family member will accompany or join
- one or two photos in passport size
- schengen application form

How do you come to the idea a appeal is pointless?
A family member in such a situation is eligible to derived rights due to article 21(1) TFEU which cannot be less favorable than the rights from the directive 2004/38.
With other words the directive is fully applicable.