Short duration visa issued - What now?

[liksah]

Okay, so now here's a little pickle. I'm the spouse of an EU citizen, planning to visit family in Europe. I applied for a Schengen visa for 35 days (16th Aug - 19th Sep) and received exactly that from the Embassy of Italy in Santiago, Chile. But... they set the visa validity until 16th FEB 2015! (I put 35 days because those are my upcoming travel dates and I truthfully mentioned those on the application form.. should've put 90 =/)

I'll use up 20 of my days in Aug-Sep but want to visit again in December for over 30 days so more than 35 in total...

Naive of me to assume that they would issue a longer duration visa considering that my past two visas have been 6 month validity 90 day visas (but issued in San Fransisco USA and New Delhi India).

Now, the problem is that we were planning to visit family in December again for Christmas and New Years. The current visa allows only 35 days of stay. So what should I do?

- Ask for the visa to be corrected right now?
- Apply for a new visa after I am back on 19th Sep?
- Try to extend this visa once I am in Schengen land in December? (I don't even know if this is possible.. a schengen-wide extension or a national extension.. plus all offices will be closed during Christmas/New Years so doesn't look like a very good option)

For what it's worth I applied with:
- my passport
- copy of marriage certificate
- copy of spouse's passport

I just don't understand why they can't issue a longer validity 90 days/180 days visa. We visit Europe often and I have to circle the embassy every 6 months and this time, twice in 6 months =/

[Donutz]

- I assume it is a multi entry? Then you should be able to stay for the requested number of days on every entry (not 100% sure). Ofcourse you will have to respect the 90-within-past-180 days rule.
- You will be able to ask for extension while in Italy and it should be valid for the entire Schengen area unless the visa has been issued with limited territorial validity. I don't know where to do this, my guess is the Italian immigration department or else foreign affairs.
- visa should generally be issued for longer validity durations: first few visa single entry, the 3-4th or so multi entry for say a year, then 2-5 years. Frequent visitors should be able to get a multi entry visa valid for 5 years.
- for you as EU spouse, if applying for a EU country other then the country your spouse is a national of, all these visa should be issued for free and ASAP (15 calendar days max). So you could do an other application upon return.
- Give the embassy a call? Next time apply for 90 day multi entry for say 2-5 years. Include a letter explaining why (frequent visits for shorter and longer durations). The worst they can do is issue less, to which you could appeal.

Perhaps you can find some useful info on the EU webpages such as the visa handbook: http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

[Donutz]

Silly me: if you are the spouse of an EU national and joining or traveling your spouse to any EU country other then that of which your spouse is a citizen of, you are entitled to stay together for up to 3 months for temporary visits (and also for longer stays if you register somewhere to live), as per 2004/38 (see sticky thread).

But it's Always best tog et a visa, as the EU page on travel also suggests:
http://europa.eu/youreurope/citizens/tr ... dex_en.htm

In order to get a visa one of the options in my previous post should work, which one is the most effective or best, I do not know. When it comes to MEV (mulityple entry visa) I only know of ones issued for 90 days, especially for EU/EAA spouse as it would be a bit silly to issue less days tot hem (what would be the point if they are entitled to 3 months anyway?).

The best option to me seems to get a new visa in advance, multiple entry, 90 days, valid for 2-5 years so that you may enter, exit and stay Schengen for 90 days within every (rolling) 180 day period.

[liksah]

Thanks for your reply. Yes the visa is multi entry but duration of stay is listed as 35 days. I agree that it doesn't make sense since I am entitled to 90 days just like my EU spouse as long as we're together (which we will be..). I'm well aware that this is my right as the spouse of an EU citizen. Not a privilege but a right - unless they come up with a very good reason to not let me in.

I think they just sort of copied 35 days from the form (since this was the trip duration I indicated) and printed it on the visa.. or they were just being idiots - hard to tell which...

The last time I applied for the visa I included a letter explaining that we travel often and therefore should be granted a 2-5 year multi entry visa with the 90 day rolling period. No dice. The guy just made a lame excuse saying "Our system just prints up to 6 months" ... whatever. =/

This is my 7th schengen visa and of course I have never ever violated any conditions of the visa. Unfortunately, my application has often been made at different embassies and every single time we have to educate them on directive 2004/38 (I always carry a printout). Following that of course they're a little mean about the visa because we just told them how to do their job...

I suppose I'll just return on September 19th and ask for another visa. (and I'll try again for 2-5 years) It's not my fault that they issued a 35 day visa with a 6 month validity. I'll just explain that I need more days since I'm going back in December. I just don't think it'll be a good idea to try and get a visa extension in late December from the immigration inside the schengen zone. They'll probably be in Christmas mode.

Is there any information on whether this duration (i.e. 35) can be extended within the schengen region ESPECIALLY for spouses? I mean, as far as I understand the duration clause under 90 is completely meaningless for the spouse of an EU national. Why even print it like that?

I just hate having to go through this every 4-5 months because consulates are too stubborn to issue a longer term visa. Wastes my time, their time, and pages on my passport.