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EU rights when EU citizen is just "visiting" another country

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syomfa
Newly Registered
Posts: 13
Joined: Sat Nov 07, 2015 11:01 am

EU rights when EU citizen is just "visiting" another country

Post by syomfa » Sat Nov 07, 2015 11:16 am

Hello all,

According to my investigation and correspondence with EU, it seems like the
directive 2004 28 EU is also applicable when an EU citizen living in his native country just "visits" another country and wants his family members to join him there during his "visit". (kind of replacement for tourist visa)

Websites of different embassies seem to be requiring different documents in that case - some require residence certificate, some require income tax number etc. However, after some discussion on phone, they agree to disregard some requirements.

Question is: What kind of experiences have you people made in such scenarios? i.e. when a Belgian national just visits France for 15 days, and his Indian father makes an application at French embassy in India to join him there during those 15 days?

Thank you ans warm regards

syomfa
Newly Registered
Posts: 13
Joined: Sat Nov 07, 2015 11:01 am

2008 38 EU - appeal in court after embassy denies visa

Post by syomfa » Sat Nov 07, 2015 11:25 am

Hello all,

Following scenario:

A Belgian national, who lives and works in Belgium, just visits France for 15 days, and his Indian father makes an application at French embassy in India to join him there during those 15 days under Directive 2008 28 EU.

1) Visa rejected
2) Visa appeal also rejected


Now comes the step of appeal in court in France:

How is such an appeal made?

Must this appeal be sent via a lawyer? OR
Can you just send it yourself including arguments etc.?

In your experiences, how are courts responding to such appeals?

Thank you

liksah
Junior Member
Posts: 74
Joined: Thu Dec 12, 2013 5:14 pm

Re: 2008 38 EU - appeal in court after embassy denies visa

Post by liksah » Sat Nov 07, 2015 10:17 pm

Are you sure the directive applies in this case? I thought only DEPENDENT direct ascendants can use the directive. Of course, if your father is dependent on you then that should definitely be accepted by the french authorities.

I got this info from the Guide to Directive 2004/38/EC:
http://ec.europa.eu/home-affairs/faq/fr ... _ec_en.pdf

syomfa
Newly Registered
Posts: 13
Joined: Sat Nov 07, 2015 11:01 am

Re: 2008 38 EU - appeal in court after embassy denies visa

Post by syomfa » Sun Nov 08, 2015 1:47 am

Yes my father is financially dependent on me, so the directive applies.

I am more concerned about finding out the detailed procedure for appeal in court i.e. if a lawyer is needed, how to find out where to make the appeal etc.

Can someone help please?

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