As you can see on this forum loads of people getting refusals applying EU/EEA joining or accompany visa.
Let me elaborate what i learned from my previous refusals.every EU country has its own immigration act
on the basis of which they process the applications.all they want to see is why you going to a EU country with a non-eu spouse reasons why dont your own country? why other EU country?because they know you want to exercise your freedom of movement rights and your partner will get the EU PR and then you can easily bring your spouse into your own country whose laws tell you to go through family reunification process which normally take more then 06 months know days its taking more then a year eg ireland is blocking more then 7000 passports and blocking certain nationalities.well this is what they think but the law shows a complete different picture.yes i do agree
with you that schengen visa form itself says you dont have to show financial proof if your accompanying EU citizen but they do not count it at all.one of the guy on this form showed his 30k uk bank statement and booked a holiday for his 2 childrens celebrating there birthday in Disney land paris where his wife is non-eu citizen will join them.they easily got visa.keep in mind his wife got rejection on UK spouse visa just before they applied.your intention to visit EU country with NON-EU spouse should be clear.i can understand your
fustration as me and my wife living in pakistan for last 1 year tried twice once for ireland other for germany both refused.i know how gutted you are becuase i went through all this as other people who have fought there way to the end to beat this system made for rich its called european bearucarcy where they tell you that they care about humans they care blah blah blah all Bullshit.they are running a system which only and only support the rich where they try to crush every single poor they get there hands on. i wish UK
leave EU on 23rd june ..and SCOTLAND GO FREE.....
LOADS OF MATERIAL AVAILABLE ON INTERNET... SEE A EXTRACT FROM MY APPEAL TO GERMANS..LOL ENJOY READING..I AM SURE THE CLERK WHO DEALT WITH MY CASE ENJOYED 2
Dear Visa Section German embassy,
I have recently applied for a short term German visa and was refused because of the following :
Remarks:
An adequate family and economic ties with the country of origin has
not been established in your case. They gave during the application
A process that they wanted to permanently move to Germany and called
Himself as a husband of Irish national as your right of free movement
After the Freizüg G / EU. (Law on general freedom of movement of EU
Citizens)
You have not submitted a legalized marriage certificate and apply for a
Temporary resident visa. Your wife thinks your claims to visit, in
Pakistan, and was not working. You are free to submit an application
To join your wife, on the basis of the right to the free movement EU,
After a successful take up residence by your wife in Germany and the
Submission of a legalized marriage certificate as proof of marriage
I strongly believe to review my application again because it seems like the case worker Who dealt with my case completely misunderstood the purpose of my trip to the Federal republic of Germany As well as did not processed my application according to the visa code of EU directive 2004/38/ECAnd visa handbook C(2010) 1620 PART 111.
Important note (visa officer at counter No 1 on the day of my interview clearly misunderstood the nationality of my wife as she is born in Scotland (Aberdeen) and holds a British passport. And the fact that she is British, was clearly answered while the visa officer asked the question about her nationality)
Article 3(2) of the Treaty on European Union (TEU); Article 21 of the Treaty on the Functioning of the European Union (TFEU); Titles IV and V TFEU
Therefore, I completely disagree with the decision made by the case worker who dealt with my case and Because of this I strongly Express my concerns to argue and appose the decision made.
You have indicated in your refusal letter that I don’t have any economic ties with the country land and wanting to permanently settlein the Federal Republic of Germany. I strongly appose this point because I Reserve the right under Article 6 of EU directive to reside in any member state for up to three months without any conditions.(keeping this in mind this is in itself,an exercise of free movement rights under the directive)
Moreover it is clearly explained within the Article 6 that accompaniying EU citizen on journey to a member state OR Joining EU citizen in the member state 4.5 in relation to point 4.1(iv),it is important to note that an application cannot be refused on the basis that EU citizen is not excersing free movement rights in the member state if (a) it is shown that the EU citizen will be accompanying on their journey to the state ,(b) the EU citizen has been less than three months in the state or (c) it is shown that the EU citizen although,not in the member state at the time of the visa application will be lawfully in the state at the time of the applicants arrival in the member this is because the EU citizen and their family members have a right of residence under Article 6.
(4) EU citizens do not require a visa in order to enter the Federal territory or a residence title in order to stay in the Federal territory. Dependents who are not EU citizens shall require a visa in order to enter the Federal territory according to the provisions for foreigners for whom the Residence Act applies. Holders of a valid residence card of another Member State of the European Union pursuant to Article 5 (2) of directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending regulation (EEC) no. 1612/68 and repealing directives 64/221/EC, 68/360/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Official EU Journal no. L 229, p. 35) shall be exempted from the visa obligation
Above extract is taken from Act on the General freedom of movement for EU citizens (Freedom of movement Act/EU of 30 July 2004(Federal Law Gazette I,1950,1986)
Last amended by Art 2 of the Act to implement Residence –and Asylum –Related directives of the European union of 19 August 2007(Fedral Law Gazette l, P. 1970,1991)
4.6 As set out at 2. it is not appropriate to require evidence of the circumstances of
the EU citizen’s residence in the State other than in the context of requiring the
applicant to prove that the EU citizen is exercising their free movement rights (or will
be exercising them at the time of the applicant’s arrival in the State.). However, if
evidence is available showing that the EU Citizen has resided in the State for more
Then three months, but is not fulfilling the requirements of the Directive under Article
7 i.e.
(a) Is working or self-employed,
(b) Has sufficient resources to support themselves and their family members
Without recourse to public funds,
(c) Ison a full-time course of study with sufficient resources to support
Themselves and their family members without recourse to public funds, or
(d) Falls within the circumstances, set out in Article 7 (3) of the Directive
Where the status of worker or self-employed is retained,
Then the application can be refused on the ground that the applicant does not qualify
Under the Directive. Where such grounds are invoked, there should be a clear
Evidence-based finding set out in the decision and the notification letter.
‘Core’ family members have an automatic right of entry and residence, irrespective of their Nationality. Their right of entry is derived from the Directive and the national transpositionMeasuresmay not restrict these rights or the scope of ‘core’ family members.The following persons are defined in Article 2(2) of the Directive as ‘core’ family members:•Such as spouse;
Article 3(1) of the Directive stipulates that the Directive applies only to those familiesMembers, as defined above, who accompany or join the EU citizens who move to or reside ina Member State other than that of which they are a national. See Commission CommunicationCOM (2009) 313 final25.
Cases C-482/01 and C-493/01 Orfanopoulos and Oliveri (paras 97-98) and C-127/08 Metock (para 79) 6 Cases 139/85 Kempf (para 13) and C-33/07 Jipa (para 23) 7
As the right to be issued with an entry visa is derived from the family link with the EUCitizen, Member States may require only the presentation of a valid passport and evidenceOn the family link, eg Marriage certificate. And place of the marriage solemnized cannot be challenged.
The ECJ ruled in the case metlock C-127/08
Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.
No additional documents, such as a proof of accommodation, sufficientresources ,economic ties And an invitation letter or return ticket, can be required.18 Case C-503/03 Commission v Spain (para 42) 19 COM(2006) 403 final/2. 20 Articles 8(5) and 10(2) An email confirming the auntentecity of the EU law findings by myself where I Reserve all the rights.this confirmation was sent to me on the inquiry for the eligibility of free movement as EU spouse and as a core family memberand wasacknowledged by federal republic of germany immigration and asylum office replied in the same passion respecting the following law defined.with refrences
Info_Buerger <
Info.Buerger@bamf.bund.de>
11/4/15
to me
Dear Mr Khan,
your wife as a British national has the freedom of movement.
As an EU national your wife does not need a visa to enter Germany. Generally, she only needs a valid passport or identity card. Like everybody else in Germany, she has to register directly after entering at the Registration Office (Einwohnermeldeamt) at her new place of residence in Germany.
Entry of spouses
You as a spouse have the right to enter Germany together with her or subsequently. As you are not an EU national, you generally require a national visa in order to enter Germany (section 2 para. 4 sentence 2 Freedom of Movement Act/EU).
The application for the visa has to be handed in to the German mission in the country, in which you are residing.
Important hint:
If you already had a residence card EU issued by another EU Member State (section 2 para. 4 sentence 3 Freedom of Movement Act/EU), you can enter Germany visa-free.
The German mission abroad can provide you with further information.
In Germany you will get a residence card at the Foreigners Office (Ausländerbehörde) in your local area (sec. 5 Freedom of Movement Act/EU). You can find the corresponding Foreigners Office here.
Please find all information here:
http://europa.eu/youreurope/citizens/index_en.htm
If you have problems with the Embassy, you might contact the Federal Foreigner Office for further assistance:
http://www.auswaertiges-amt.de/EN/Startseite_node.html
Best regards,
On behalf of the Federal Office for Migration and Refugees
xxxxxxxxxxxxxxxxxxxxxxxxxx
_________________________________________
Information Service Migration
Frankenstr. 210 | 90461 Nuremberg | Germany
Phone: 0911-943 6390
Fax: 0911/ 943- 7000
Email:
info.buerger@bamf.bund.de
Internet:
www.bamf.de
http://www.wir-sind-bund.de
Where your findings clearly negate the fact and force an EU national to reside in Germany without accompanying the Core family member and to apply in a different category of visa.such as a family reunification visa.by doing this the concern department who is dealing with my application in my opinion,violatesand opposesthe practice of private life which is clearly described in Article 8 of human rights of EHCR.Which should be respected outside the immigration rules.
1. Private life, family life, home and correspondence.
2. The concept of private life in EU law is based on the classic civil liberties
and that the state should not intrude into the private sphere without
Strict justification.
3.a The positive obligation to take steps to ensure effective respect for private
And family life, home and correspondence, between the state and the
Individually, the individual and private bodies, and between private
Individuals through law enforcement, legal and regulatory frameworks and
The provision of resources
And also key elements defined in Article 2 of freedom of movement clearly explains that every individual has the right to leave any country at any time without any restrictions .Defines as fallows
ARTICLE 2
Freedom of movement
1. Everyone lawfully within the territory of a State shall, within
That territory, have the right to liberty of movement and freedom to
To choose his residence.
2. Everyone shall be free to leave any country, including his
Own.
3. No restrictions shall be placed on the exercise of these rights
Other than such as are in accordance with law and are necessary
In a democratic society in the interests of national security or public
Safety, for the maintenance of order public, for the prevention of
Crime, for the protection of health or morals, or for the protection
Of the rights and freedoms of others.
4. The rights set forth in paragraph 1 may also be subject, in
Particular areas, to restrictions imposed in accordance with law
And justified by the public interest in a democratic society
And also I secure the right of effective remedy under Article 13
ARTICLE 13
Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention
Are violated shall have an effective remedy before a national
Authority notwithstanding that the violation has been committed
By persons acting in an official capacity
Of others. This Article shall not prevent the imposition of lawful
Restrictions on the exercise of these rights by members of the
Armed forces, of the police or of the administration of the State.
As the free movement allows the EU citizen and their direct family member to move freely within the EEA area for 90 Days I have produced a flight itinerary confirming return from EEA after the period of 90 days along with my Spouse .I have fulfilled this requirement according to the visa code under the applied category. Therefore, I understand the requirement of permanent residence that depends on whether my wife is exercising her treaty rights after 90 days of legal stay in the Federal republic of Germany .It was clearly mentioned in the application form that intented stay in the Fedral republic of Germany is no more then 90 Days hence no extra requirement or obligation should be impposed on me or my wife.The fact that if we want to stay togather in Fedral Republic of Germany for more then 90 days then my wife has to prove that she is excersing her free movment rights under directive 2004/38/EC as decirbed in detail above.while answering the same question on the day of my interview I have clearly explained that we will stay if my wife manage to secure a job and circumstances are good for us.You have Denied the authenticity of my Marriage certificate on such basis the marriage certificate I have submitted has a hauge apostille and is a UK legalized document.