BELGIUM VISA APPLICATION CENTRE LONDON - HELL ON EARTH!!

[86ti]

It might override some provisions, but a Filipino without a residence card will still need a visa. And as no embassy will issue a visa to a Filipino on the same day (minimum of 2 weeks delay) trying to get one at the point of entry ain't likely to happen.

Not so relevant for this case, but the Czech embassy in London says that it is possible for family memebers of EEA/swiss citizens to apply for a visa at a border crossing point. Would be interesting to see how this worked out in reality.

[mym]

Sparkgap, I presume your wife was issued with written reasons for the refusal and details of how to appeal/complain?

The EUR-LEX summary says "The person concerned by a decision refusing leave to enter or reside in a Member State must be notified of that decision. The grounds for the decision must be given and the person concerned must be informed of the appeal procedures available to them. Except in emergencies, the subject of such decisions must be allowed at least one month in which to leave the Member State."

The 'Whereas' section of the Directive states:

(25) Procedural safeguards should also be specified in detail in order to ensure a high level of protection of the rights of Union citizens and their family members in the event of their being denied leave to enter or reside in another Member State, as well as to uphold the principle that any action taken by the authorities must be properly justified.

(26) In all events, judicial redress procedures should be available to Union citizens and their family members who have been refused leave to enter or reside in another Member State.

[SparkGap]

Sparkgap, I presume your wife was issued with written reasons for the refusal and details of how to appeal/complain?

The written reasons were : is not a holder of a visa or a valid residence permit.
There was no possibility of appeal.

[mym]

The written reasons were : is not a holder of a visa or a valid residence permit. There was no possibility of appeal.

Another reason to sue them, they are categorically required to give full and valid reasons (the only reasons legally allowed for refusing entry to the family member of an EU citizen are the carefully defined ones of State, Public Policy or Health etc) and to ensure that she was given full details of appeal procedures.

Please, do sue the bastards.

[SparkGap]

My dad just translated this from the Entry refusal form.

II Your rights
You have just been refused entry to French territory. The law allows you the possibility of notifying, or causing to be notified, the person whose residence you have advised as your place of stay, your consulate or the advisor of your choice. You also, if you wish, are permitted a delay of 24 hours before being repatriated. You are free to choose from the above alternatives and we will assist you in doing so.
If you are an unaccompanied minor the procurer Republique will have been notified of the decision of non-admission taken at the time and will name an administrator to help you.
* I do not wish to leave before a delay of 24 hours to be passed in a waiting zone, counting from today at midnight.
* (ticked) I wish to leave as soon as possible
signature

Your obligations.
Under the terms of article L624-1 of CESEDA any foreigner who absconds or attempts to abscond during the execution of a refusal of admission will be liable for a term of from 6 months to 3 years imprisonment.

Your recourse (appeal)
You are informed that it is possible to institute proceedings before an administrative tribunal, against a decision to refuse adrmission to you, within two months from the date of this decision, the delay being no obstacle to this.

at Rodez, 7/6/08

with the aid of M. xxxxxxx Father -in-Law, interpreter

Invitation for all present to sign

[mym]

As you've already been advised, the directive itself says

"Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence."

The french decree effecting this:

Décret n° 2007-371 du 21 mars 2007 relatif au droit de séjour en France des citoyens de l'Union européenne, des ressortissants des autres Etats parties à l'Espace économique européen et de la Confédération suisse ainsi que des membres de leur famille

Article 1. Section 1

<Entrée en France

< Art. R. 121-1. - Tout ressortissant mentionné au premier alinéa de l'article L. 121-1 muni d'une carte d'identité ou d'un passeport en cours de validité est admis sur le territoire français, à condition que sa présence ne constitue pas une menace pour l'ordre public.

< Tout membre de sa famille mentionné à l'article L. 121-3, ressortissant d'un Etat tiers, est admis sur le territoire français à condition que sa présence ne constitue pas une menace pour l'ordre public et qu'il soit muni, à défaut de titre de séjour en cours de validité, d'un passeport en cours de validité, d'un visa ou, s'il en est dispensé, d'un document établissant son lien familial. L'autorité consulaire lui délivre gratuitement et dans les meilleurs délais le visa requis sur justification de son lien familial.

< Art. R. 121-2. - Il est accordé aux ressortissants mentionnés au premier alinéa de l'article L. 121-1 et à l'article L. 121-3 qui ne disposent pas des documents d'entrée prévus à l'article R. 121-1 tous les moyens raisonnables leur permettant de se les procurer dans un délai raisonnable ou de faire confirmer ou prouver par d'autres moyens leur qualité de bénéficiaires du droit de circuler et de séjourner librement en France, avant de procéder à leur refoulement.

[astartes]

As I did not need to make an application, I was told very rudely not to sit next to her, as that would jeopardise the application process, which was not only embarrassing but also made me feel that I was committing some fraud!!

This is grossly unacceptable.

Next time anything like this happens in any embassy or border crossing, proceed as follows (very calmly):

1. Ask the person who made such a request to repeat it clearly and loudly, and ask your wife to confirm that she noticed the statement. Also ask any person around you to confirm that they witnessed the request being made.

2. Ask for the full name and position of the person who made such a request. If the person refuses to identify himself/herself, confirm with your wife and others that they witnessed the refusal to identify. Carefully notice (write down) the number on the booth where that person is located.

3. Immediately lodge a formal, written complaint against that person, addressed to the Consul. Mention all relevant information. Both you and your wife should sign and date.

4. Report this behavior, including details, time, circumstances and the name of the offender to the foreign ministry of the country in question.

Throughout all this, you and your wife must remain calm and never raise your voice.

Regarding the rest of what is being described in this thread, it is simply beyond belief. I agree with mym's advice to sue.

[Hexy]

OK I just read all of this from the beginning. All I can say is WOW! Ive been wanting to hear about someone who was refused entry and how they were treated. It seems to me that being offered to go to jail, or get on the plane is a bit more harsh then the "* I do not wish to leave before a delay of 24 hours to be passed in a waiting zone, counting from today at midnight."

I give you much kudos for keeping your cool. I just broke down in tears in my French consulates office when he kept telling me no this is garbage I dont want this.. who told you to translate this into french.. what do you think you are doing applying this way.. it just kept going and going and I tried my best to remain solid because my son was sitting next to me. I got out of the building and called my fiance in France and he directly called this person and he was as nice as nice could be to a fellow Frenchman. The people that I saw at the windows were completely wonderful, but the supervisor, no merci!!!!

It just burns my biscuits that people like all of you go through "the process" legally and honestly like myself and are treated like we are third class humans. I appreciate they need to be cautious and protective, I really understand that, but respect is reciprocal!!

[SparkGap]

I have informed SOLVIT of our treatment and got some reassurance but I doubted they were the final step.
So I also made a complaint to the European commision here http://ec.europa.eu/community_law/your_ ... rms_en.htm

The Practical Handbook for Border Guards (Schengen Handbook) is quite clear about what should happen.

7.10 When a member of the family of an EU/EEA/CH citizen, accompanying or joining the EU/EEA/CH citizen in question, arrives at the border without being in possession of the necessary visa, the Member State concerned must, before turning him/her back, give such a person every reasonable opportunity to corroborate or prove by other means that he/she is covered by the right of free movement. If he/she succeeds in doing so and if there is no evidence to establish that he/she represents a risk to the requirements of public policy, public security or public health, the visa must be issued to him/her without delay at the border. The visa has to be issued for free.http://www.statewatch.org/news/2006/nov ... ok-com.pdf

Sorry for diverting the thread subject but the Hellgian Visa Section is my next target for causing this with delays and irrelevant rules in the first place.