Refusal of Schengen visa for spouse of EU national

[ahamid]

Hi to All Members,

I am over-stay in UK,Over stay 3 years at end left UK volunteerly (my own expenses) in June 2013.

Now married with a British girl and applied Schengen visa to go France under EU Directive 2004/38/EC,

Today received an e-mail from embassy that my application is refused.


'' We received a notification in our system to refuse your husband’s file. As mentioned before, exact reason for refusal is mentioned in the refusal letter which has been send to your husband ''



Could please any one guide me can they refused on grounds i been over stay in UK or what else it can be?
will receive refusal after two weeks.

[Donutz]

That is a violation of the directive (2004/38/EC). The visa cannot be denied unless they genuinly believe there is no true family relation (scam marriage). Previous Overstay, reasons for return, funds, hotel reservations etc. are not required and cannot be used to deny the visa.

A visa should be issued for free, ASAP, max 15 calendar days (and an appointment, if required, within 2 weeks). Contact the embassy about the refusal being against your rights, contact Solvit (google "EU family visa" and the EU webpage should end up as the first result with more info and contact details).
Tell then the embassy is too slow, unrightfully declined the visa and should grant it ASAP.

See the stickies here too.

[ban.s]

Please post the exact reason for refusal.

were you travelling to france together with your british wife or joining her there?

[ahamid]

Once or more Member states consider you to be a threat to Public policy,internal security,public health as defined in Article 2(19) of Regulation (EC) No 562/2006.
Visa was Accompany to EU spouse.

[ban.s]

You can ask them to clarify reasons for refusal especially why they felt your presence would be a threat to public policy / security / public health and subsequently you can take it to Solvit (if you don't agree with their justification).

[ahamid]

Who to ask?
Embassy?

[ban.s]

to the person / agency that issued the refusal letter.
if the refusal letter doesn't include any contact detail, then contact the embassy where you applied.

[ahamid]

Dear Sir,

Please write an message to the address mentioned in your refusal letter. The relevant authorities will contact the Schengen country in question in order to clarify matters and they will then come back to you what action can be taken. Our system does not give us any information about the reason why the Schengen country has an objection against you entering the Schengen area.

Regards,

its what embassy replied.
what to do now?

[ahamid]

I write to that address but im afarid it will take ages to i get reply back from them.
so might appeal time pass.