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EU family member is required lot of things to get visa

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dsanchez
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EU family member is required lot of things to get visa

Post by dsanchez » Mon Jan 21, 2008 7:10 pm

As I wrote in another post, I am in the process of getting a visa to travel to Slovakia (I'm peruvian, my wife is slovak) for the purpose of permament residence.

The consul in Mexico (where we finally asked for visa cause the consul in Argentina is not available for one month) have sent us a series of requirements in order to get the Schengen visa, but all requirements looks to me like for a tourist visa and not for a "type D" visa for a EU family member

-letter of invitation
-bank account movements
-certified of the company where I work for indicating how much I earn
-flight ticket ROUND-TRIP (??)
-insurance for covering up to 30 000 euro

Is this normal? :?
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johnsienk
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Post by johnsienk » Mon Jan 21, 2008 8:38 pm

<original post deleted>
Last edited by johnsienk on Fri Feb 04, 2011 10:52 am, edited 1 time in total.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jan 21, 2008 9:12 pm

The EU citizen is Slovakian and the non-EU family member is applying for a visa to go to Slovakia.

EU law applies if the non-EU family member is applying for a visa to go to any EU country other than Slovakia. If you go to Slovakia, then Slovakian law applies. (The exception is if you are working or studying in another EU country and you decide to move "back" to Slovakia, then EU law applies)
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dsanchez
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Post by dsanchez » Mon Jan 21, 2008 9:29 pm

Directive/2004/38/EC wrote:The EU citizen is Slovakian and the non-EU family member is applying for a visa to go to Slovakia.

EU law applies if the non-EU family member is applying for a visa to go to any EU country other than Slovakia.
Why is that? Slovakia is a EU country and I guess Directive/2004/38/EC applies in this case, not?. I mean, facilities for obtaining the visa and stuff:

"Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure." (Article 5.2)
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jan 21, 2008 9:48 pm

Why is that? Good question!

The EU is focussed on facilitating free movement between different EU member states. If it is about an EU citizen or family member going to another member state, then EU rules apply.

Member states get to control entry of their own citizens and their families (except when they are coming back from another EU member state).
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johnsienk
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Post by johnsienk » Mon Jan 21, 2008 10:51 pm

<original post deleted>
Last edited by johnsienk on Fri Feb 04, 2011 10:52 am, edited 1 time in total.
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Dawie
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Re: EU family member is required lot of things to get visa

Post by Dawie » Tue Jan 22, 2008 5:06 pm

dsanchez wrote:As I wrote in another post, I am in the process of getting a visa to travel to Slovakia (I'm peruvian, my wife is slovak) for the purpose of permament residence.

The consul in Mexico (where we finally asked for visa cause the consul in Argentina is not available for one month) have sent us a series of requirements in order to get the Schengen visa, but all requirements looks to me like for a tourist visa and not for a "type D" visa for a EU family member

-letter of invitation
-bank account movements
-certified of the company where I work for indicating how much I earn
-flight ticket ROUND-TRIP (??)
-insurance for covering up to 30 000 euro

Is this normal? :?
It sounds like there's been some sort of communication problem. Are you sure they've fully understood your request?

At the very least the requirement for a return ticket is ridiculous.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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vinny
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Post by vinny » Fri Jan 25, 2008 10:25 pm

johnsienk wrote:Is there a specific piece of Community (not national) legislation that clarifies this?
See also Right of Union citizens and their family members to move and reside freely within the territory of the Member States
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Post by Administrator » Sat Jan 26, 2008 1:53 pm

.

As Dawie pointed out, it seems there is confusion as to what type of immigration you are attempting (on the part of the Mexican consul).

You are immigrating as the husband of a Slovak national.

You should be going the spouse visa route via Slovak immigration law.

What visa type did you ask/apply for? You should be applying to the government of Slovakia for entry & residence permission based upon your documented marriage to a Slovakian citizen. Sorry, but I don't know the exact immigration route and requirements for Slovakia, but this should be the basic outline.

I am confused as to why the Mexican counsel is involved ... it seems to me you need to be in communication with a Slovakian counsel ..?


So long as you are traveling with your spouse, you can travel to any EU country (once you have a Slovak visa it will be easier; without that resident permit based upon your marriage, you can still pull it off with more difficulty).

If you try to travel alone, then you will need to look at the Schengen visa to enter other Schengen countries.

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