Post
by Donutz » Mon Sep 29, 2014 9:39 am
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.