Directive/2004/38/EC wrote:giruzz wrote:after 1month and 3 days I'm still waiting for an answer from solvit. Any suggestions? (apart from call the ph. number I got in their automated reply)
Contact them for an update of how things are going. Make sure to include your case reference and the date of your original submission.
Today I finally received my answer from Solvit (defacto/regist partner with Italy). This is what I got:
Re: Claim by Mr. giruzz
This is in reply to the claim presented by Mr. giruzz (ref. N. 12345/07/IT) (NOTE, THE CONSULATE DID MISSPELLED MY NAME!)in relation to an application for a Schengen visa submitted to this Consulate General by his partner, Ms. GF_NAME GF_SURNAME, (NOTE: THE CONSULATE DID MISSPELLED MY GF'S NAME) citizen of Thailand.
Mr. giruzz claims:
that this Consulate General refused to grant his partner a Shengen visa,
that instead this Consulate General issued to the said partner a Tourist visa valid for a maximum stay of 30 days within a period of 6 months,
that this Consulate charged a fee of Euro 60.00,
that therefore the Consulate General disregarded the European Instructions 2004/38/EC, considering that Ms. GF_SURNAME is the holder of a British Family visa granted on the base of her defacto relationship with Mr. giruzz.
Having carefully considered the application submitted by Ms. GF_SURNAME and the abovementioned European Instructions, we believe that Mr. giruzz’s claim should be dismissed.
1)Refusal of Shengen Visa and
2)Issue of a Tourist Visa to Ms. GF_SURNAME
Ms. GF_SURNAME completed and signed a standard Shengen Visa Application Form requesting this Consulate to issue a visa with the following features:
Type of visa: Short Stay (less than 90 days)
Lenght of stay: 30 days
Purpose of travel: i) Tourism and ii) Visiting family / Friends
Date of entry into the Shengen area: 23/08/2007
As for accommodation the applicant produced a statement signed by Mr. DAD (the father of Mr. giruzz), whose invitation to Ms. GF_SURNAME to stay at his house extends only from 23/08/2007 until 20/09/2007.
(NOTE: They did refuse another invite for X-Mas, and I said I was ready to book flight in/out for that period)
After processing the application Ms. GF_SURNAME has been granted a Shengen Visa with the following features:
Reason for travel: TOURISM
Number of entries: MULTIPLE
Days: 30 days in six months
Starting date: 23/08/2007
Therefore contrary to what has been claimed by Mr. giruzz a Shengen visa has been granted. (
NOTE: I never claimed that they refused to issue the visa, I claimed that they refused to issue a longer tourist visa or a EEA family member visa) The features of the visa are consistent with what has been requested by Ms. GF_SURNAME and with the statement signed by Mr. Orazio giruzz.
3)Fee and
4)European Instructions 2004/38/EC
According to European Instructions 2004/38/EC visas shall be issued free of charge to family members of European Citizens. A partner of a European Citizen whose relationship has been registered by a member State as equilized to marriage, is also to be considered a family member.
Instructions on the adoption of said legislation by the Italian Government were sent to Consular Offices only on the 23/07/2007. Therefore at the date of application this Consulate General was not aware of the changes introduced in the visa fee system.
However, regardless the above, we beleive that Ms. GF_SURNAME would have not be entitled to a fee-exempt visa.
According to the 2004/38/EC, as adopted by the Italian Government:
i)a partner of a EU citizen is to be considered a family member when the relationship has been registered by a member state on the base of its law, provided that such state equalizes the relationship to marriage,
ii)a family member of a EU citizen going to another EU State shall be granted a proper visa and such visa shall be free of charge.
Mr. giruzz is an Italian Citizen who at the time of application was going to his own country, he is not a citizen of another EU country travelling to Italy. Italy does not equalize a de-facto relationship to marriage and does not have a form of registration for such relationships. Moreover, Ms. GF_SURNAME is the holder of a British Visa as a Family Member of Mr. giruzz but did not produce a proof that her relationship has been registered in UK according to British law.
Given the above we believe that the case proposed by Mr. giruzz does not fall within the circumstances ruled by the 2004/38/EC. Therefore Ms. GF_SURNAME would have not been entitled to a fee exemption on that ground.
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Then, I'm writing another reply to solvit. I really would like to stress that the consulate did an awful work. The staff we work with has been very rude and unprofessional.
The guy that reply to Solvit hasn't been able to spell my or my gf's names correctly once. Moreover, he did report things that never happened (I never claimed that my gf did not receive a shengen visa).
Also, those guys seems to forgot the article 3.2 of Directive 2004/38/EC which says:
'Without prejudice to any right to free movement and
residence the persons concerned may have in their own right,
the host Member State shall, in accordance with its national
legislation, facilitate entry and residence for the following
persons:'
'b) the partner with whom the Union citizen has a durable
relationship, duly attested.'
Thanks
g.
