Tourist visa for non-EEA spouse of EEA citizen

[dar_man]

Hello there,

I'm from Greece, currently living and working in Ireland. My wife (non-EU) has joined me few months and has already applied for a Resident Card (application being processed).

We plan to visit Greece in summer for holidays. Since the decision for my wife's residency hasn't been made as yet, we need to apply for a visa.

We have applied for Schengen visa 2 months ago for another Schengen country and I know it supposed to be a hassle free procedure. An application form, 2 pics, our passports and the wedding certificate.

Few months ago out of curiosity we asked the Greek consulate in Dublin about it. They told us that we still need to provide things like tickets, travel insurance, proof for financial support etc (!!). Back then I didn't give much attention. Now we called again and they told us similar (but different) things. Still we need to submit air tickets, insurance, even proof for accommodation!

I plan to visit them personally soon to discuss it, and for this I wanted as much legal information on the topic as possible. My plan is to bring with me as many documents as I can, laws, print outs of other Schengen countries' requirements etc to show them, hoping that I might convince them.

I had a look on-line, but couldn't find specific information on what they are supposed/not supposed to ask in our case. Could anybody who knows more give me some details (links etc) where I can find more???

Any help welcome.

Thanks a lot in advance...

[86ti]

You may already know that you wouldn't need a visa in the presence of the residence card. Here a few links that will get you started.

http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf
http://eur-lex.europa.eu/LexUriServ/Lex ... 038:EN:NOT

[dar_man]

Thanks a lot! That's what I was looking for.

For the resident card, I know that (at least in theory) we wouldn't need a visa, but in any way, we haven't got the resident card as yet (as I said application is pending) .

By the way, in case they insist, what would be the best way to handle this? Would solveit or something similar help? In that case, how much time/effort it takes for them to get involved? I wouldn't like to spend too much effort for a supposed to be hassle free procedure.

Thanks again.

[Directive/2004/38/EC]

What country was your previous (or current ) schengen visa from? Why not just get another visa from them?

Be sure to travel with your marriage certificate so that you can always head off problems.

[86ti]

Thanks a lot! That's what I was looking for.

For the resident card, I know that (at least in theory) we wouldn't need a visa, but in any way, we haven't got the resident card as yet (as I said application is pending) .

I do not know how the embassies in Eire work but I think I remember a report here that the Greece embassy in London asks for proof of residence. Check that as well!

By the way, in case they insist, what would be the best way to handle this? Would solveit or something similar help? In that case, how much time/effort it takes for them to get involved? I wouldn't like to spend too much effort for a supposed to be hassle free procedure.

EU institution work quite slowly so do not expect an outcome soon. Also, Solvit can not enforce EU law. In principle, they can just nicely tell the other side that they are wrong. In any case, you have asked them already twice and both times their answer was wrong. I would suggest therefore to contact Solvit ASAP. Do they also have this information on their webpage?

The only other institution you can complain to may be the Greek Ministry of Foreign Affairs which I assume is responsible for the embassies. But you are the Greek here so you may know better if that would have any impact...

[dar_man]

It is from Czech republic but it expires next week.

When we applied we asked for the maximum duration possible (90 days). That would solve the problem. But the Czech embassy asked us how long we plan to stay in Czech republic. We were honest to them, that we plan to stay there for a week or so. Then, according to them, they couldn't give us a visa much longer than that period. Also they told us that if we plan to stay in another country (i.e. Greece) longer, we should apply directly there for the visa.

I thought going to any other Schengen country to apply for the visa, but since we are supposed to apply to the embassy of the main destination I wouldn't like not to do so - unless we are practically forced to do so.

Thanks

[86ti]

I thought going to any other Schengen country to apply for the visa, but since we are supposed to apply to the embassy of the main destination I wouldn't like not to do so - unless we are practically forced to do so.

Yeah, some embassies get quite peeved if you don't do so. The French here in the UK have that reputation.

[dar_man]

You may already know that you wouldn't need a visa in the presence of the residence card. Here a few links that will get you started.

http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf
http://eur-lex.europa.eu/LexUriServ/Lex ... 038:EN:NOT

Hello there,

I had a more thorough look at the documents.

The first one mentions exactly what I'm looking for:
"Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate."

However as this document is just a citizens' guide, its legal basis can(?) be doubted. What I need is the directive or something dictating this.

The second document (directive 2004/58/EC) mentions only that: "…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...â€

[86ti]

The first link is simply the guide for the second link. You'll have to read through the whole directive to get the picture. The link you found are the Schengen rules for the visa issuing posts. The Schengen Borders Code is the guideline for immigration.

[dar_man]

The first link is simply the guide for the second link. You'll have to read through the whole directive to get the picture. The link you found are the Schengen rules for the visa issuing posts. The Schengen Borders Code is the guideline for immigration.

Thanks for the reply and sorry to still bother you with this.

To me it looks like that the rest of the directive deals with issues like long term residency etc. Not much with obtaining short term visas. Isn't it so?

If not would you please tell me where exactly the specific topic (documents needed/not needed) is dealt with? If these are not mentioned in the directive, how the conclusions of what is needed/what is not are made?

I admit I am not good at reading such documents.

Thanks

[86ti]

Article 6 states that there a only minimal formalities for the first three months. This basically means only passport and visa or residence card (see Article 5). The marriage certificate in addition seems reasonable as it is needed to proof the relationship. Fotographs are standard procedures for visa.

[Directive/2004/38/EC]

If not would you please tell me where exactly the specific topic (documents needed/not needed) is dealt with? If these are not mentioned in the directive, how the conclusions of what is needed/what is not are made?

The Directive is not explicit about what documents are required for issuing a visa. Although it is clear that a visa and a Residence Card can only be denied, for a valid family member, on the basis of national security, (BIG) public policy or (BIG) public health. Not knowing (or wanting to share) which hotel you will be staying at is not one of these three grounds, and so is not reason to refuse a visa application.

There are a number of ECJ cases which ruled that the relationship with the EU citizen is the sole basis for the free movement right. I should try to hunt up the details.

Visas are certainly one of the more difficult area of the whole free movement area.

[dar_man]

Thanks a lot guys...