apply for shengen visa for hungary under the directive.

[goran.r58]

i try to help a friend here .
I asked the Hungarian consulate in Erbil, Iraq. That my friend wants to apply for C visa under the directive which she doesn’t need to provide bank statement, letter from employer and prove that she will return at the end of the trip etc. but I have got this email back. can you please advise me is it correct that she need to prooof she leave the terrotry of schengen states?l or they got it wrong?

Dear Ms. ....,

Thank you very much for your kind email. Special thanks for explaining us the rules we work with, we are always happy to have applicants who know their rights and the procedure. Besides this please let me inform you that your information were not fully right and certainly you have to proof that you will leave the territory of the Schengen States before the expiry of your visa. Second, you have to provide us all the necessary documents showing that you travel together and you are husband and wife, we need translated, attested documents from the Iraqi authorities, or, if you have UK documents, those. Third we do need flight tickets or reservations also.

You may have read our emails below and you certainly saw that we did not ask visa fee or insurance but we definately need information about your planned trip. Actually it is in your interest but if you do not want to take our advice or answer our questions it is your decision.

Best regards,
xx xxx xxxxxxxxxxx

consul

[noajthan]

What is purpose of trip?
To join or move with Union citizen?
Or vacation?

[goran.r58]

What is purpose of trip?
To join or move with Union citizen?
Or vacation?

sorry forgot to menation her husband is british citizen, so she would move with EU citizen.

[noajthan]

What is purpose of trip?
To join or move with Union citizen?
Or vacation?

sorry forgot to menation her husband is british citizen, so she would move with EU citizen.

In that case consul is labouring under a number of delusions.

[goran.r58]

What is purpose of trip?
To join or move with Union citizen?
Or vacation?

sorry forgot to menation her husband is british citizen, so she would move with EU citizen.

In that case consul is labouring under a number of delusions.

so how shold i go about to answer her ?

[noajthan]

Start here - throw the book at her:
https://eumovement.wordpress.com/directive-200438ec/

[goran.r58]

thanks for your help, i will

[goran.r58]

Start here - throw the book at her:
https://eumovement.wordpress.com/directive-200438ec/

Dear noajthan
i have this answer for them any coment on it?
Regarding the points, you mention that we should be traveling together and provide necessary document to prove our relationship which in our case is married certificate, you absolutely right. But in case of provide a proof that we leave the territory of Schengen states, there is not a requirement under the Directive 2004/38/EC. Therefore, I respectfully draw your attention to this link, which is freedom of movement in the EU website, under the (what is covered) there is not a requirement for proof of leaving the Schengen states before our visa expire unless my husband not exercise his right treaty by working, study, self-employ or self-sufficient.
https://eumovement.wordpress.com/directive-200438ec/
please refer to me the relevant document or law that state we should diffidently leave the Schengen states before the expire date of the visa without my husband be able exercise his right of treaty. So I can take to SOLVIT and challenge it through the relevant procedure.