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2.1.4. Dependent family members
According to the case-law(14) of the Court, the status of ‘dependent’ family member is the
result of a factual situation characterised by the fact that material support(15) for that family
member is provided by the EU citizen or by his spouse/partner. The status of dependent
family members does not presuppose a right to maintenance. There is no need to examine
whether the family members concerned would in theory be able to support themselves, for
example by taking up paid employment.
In order to determine whether family members are dependent, it must be assessed in the
individual case whether, having regard to their financial and social conditions, they need
material support to meet their essential needs in their country of origin or the country from
which they came at the time when they applied to join the EU citizen (i.e. not in the host
Member State where the EU citizen resides). In its judgments on the concept of dependency,
the Court did not refer to any level of standard of living for determining the need for financial
support by the EU citizen(16).
The Directive does not lay down any requirement as to the minimum duration of the
dependency or the amount of material support provided, as long as the dependency is genuine
and structural in character.
Dependent family members are required to present documentary evidence that they are
dependent. Evidence may be adduced by any appropriate means, as confirmed by the Court(17).
Where the family members concerned are able to provide evidence of their dependency by
means other than a certifying document issued by the relevant authority of the country of
origin or the country from which the family members are arriving, the host Member State may
not refuse to recognise their rights. However, a mere undertaking from the EU citizen to
support the family member concerned is not sufficient in itself to establish the existence of
dependence.
In accordance with Article 3(2), Member States have a certain degree of discretion in laying
down criteria to be taken into account when deciding whether to grant the rights under the
Directive to "other dependent family members". However, Member States do not enjoy
unrestricted liberty in laying down such criteria. In order to maintain the unity of the family in
a broad sense, the national legislation must provide for a careful examination of the relevant
personal circumstances of the applicants concerned, taking into consideration their
relationship with the EU citizen or any other circumstances, such as their financial or physical
dependence, as stipulated in Recital 6.
Any negative decision is subject to all the material and procedural safeguards of the Directive.
It must be fully justified in writing and open to appeal.
14 Cases 316/85 Lebon (para 22) and C-1/05 Jia (paras 36-37)
15 Emotional dependence is not taken into account, see AG Tizzano in case C-200/02 Zhu and Chen, para 84
16 The test of dependency should primarily be whether, in the light of their personal circumstances, the
financial means of the family members permit them to live at the minimum level of subsistence in the
country of their normal residence (AG Geelhoed in case C-1/05 Jia, para 96).
17 Cases C-215/03 Oulane (para 53) and C-1/05 Jia (para 41)
As your right of entry is derived from your family ties with a Union citizen, all the Member State consular officials can ask you to produce for the visa application is your passport and a document establishing the family ties with a Union citizen, such as marriage or birth certificate and proof of dependence, where applicable.
WHAT YOU NEED TO KNOW
Consular officers issuing the visas may not:
* ask you to produce any documents other than a valid passport and documents attesting to your family link with a Union citizen and proof of dependence, where applicable, such as to furnish proof of means to support yourself, travel tickets, employment certificate, pay slips, bank statements, proof of accommodation, means of subsistence, medical certificate …
* ask you how much money you have to spend;
* ask you questions regarding the purpose and duration of your trip.
A Verpflichtungserklärung is NOT required for family members of EU citizens.dsab85 wrote:In Germany a simple invitation letter is not enough. For Visa Invitation Purposes you need to get an official formal obligation form "Verpflichtungserklärung" from the local City Hall (Einwohnermeldeamt).
...
This has been the case in germany for many years, and applies to EU citizens as much as to germans.
http://www.toytowngermany.com//forum/in ... topic=6185
If they would be accepted as your dependent family members they would have the right to stay with you in Germany anyway. The problem, however, is to show that they are dependent on you and the only reasonable way I see is to allow the embassy insight into their financial situation. BTW, I would think that your mother is a "direct" family member according to Article 2, point 2d. She should get the visa for free.JuniorG wrote:I think that this will make it more difficult for them to get granted visit visas, as the embassy will probably think that my family will want to stay in Germany once their visas run out! After all, what have they got back home to go back to?!
JuniorG wrote:Hello 86ti,
Well, in all honestly, I would have thought that both my mum and brother should at least have their applications accepted for free, after all they are both my family! If one of them ends up not getting the visa then fine, at least they had a look and assessed the applications. Anyhow, the embassy is asking for each of them to pay 60 euros just to deposit the application!
I am doing good junior. Nice to hear from you again.JuniorG wrote:Hey Obie, how are you man?!
Yeah, they are hustlers! I guess I'll just have to try their way and just keep my fingers crossed!
I did send my case to Solvit hoping that they could maybe clarify this situation for me, but so far not contact from them!
A Schengen visa is valid within all of the Schengen area as it says.JuniorG wrote:My question is, their visa is a Schengen visa (it says so on the visa itself). Will they be OK coming out of the airport there and me picking them up by car?
I have been informed that the Embassy will be refunding the visa payments, but while they have agreed to do so, there is not yet a mechanism in place to make refunds, so this needs to be established first, it may take a little time, you should be contacted by the Embassy because they will need your details to make the refund. In principle we have received a solution, the practical aspect will take a little time, please keep in touch and let me know when they contact you, if they do not then we will of course check up on progress.