Post
by AmeenNassir » Fri Oct 17, 2014 1:18 pm
I have also contacted SOLVIT as this is a clear breach of EU Law;
This is the response:
Good morning Mr Nassir
I am responding to your complaint to SOLVIT about the refusal decision issued in respect of your wife’s EU visa application. In line with Article 3 and Article 6 of Directive 2004/38/EC, an applicant needs to present only evidence of her identity, her relationship to an EU national and evidence that she travels with the EU national, or to join him as he already resides in the host Member State. Your spouse has no right to enter a Member State unless she is travelling with you or to join you there, and Member States are entitled to ensure that this condition is met by the supporting documents to the application. It would be excessive to require hotel reservations in addition to flight details, but it is not clear from your statement that any evidence was presented to demonstrate travel together, in order to pursue a complaint that the decision is a breach of EU legislation.
You have advised that you have made an appeal of the decision, presenting the evidence of travel together at this time. We are not able to intervene in the appeal process, but hope that you will now receive a favourable decision. Should you consider that the outcome of the appeal does not comply with the Directive, you can forward to me the details for my consideration.
Regards
UK SOLVIT Centre