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benifa wrote:datuchi, have you a chip on the other shoulder as well?
I just read your first post and I was going to reply, but then I saw your second.
benifa wrote:I assume your sister is entering France in the accompany of, or to join, her husband?datuchi wrote:i have worked out the basic position that she derives her rights from the marriage and not from the visa in the passport
Wanderer wrote:Are you Russian by any chance - haha!
I've done loads of threads where no-one has answered, I don't take it personally or feel I should have an answer, or berate people for not responding.
Yes! I like it actually, face to face it's honest and forthright - opposite to US style false niceness, but online it doesn't really work - comes across as rude!datuchi wrote::lol: It's very-very complicated but you could say I am russki.
Could you also tell from my attitude?
You should note that your sister will only be entering France in accordance with the provisions of Directive 2004/38/EC if she does so either the company of her husband or to join him there.datuchi wrote:Yes and no. Her husband is waiting for his Russian visa. If he gets it in time, they will travel together, if not- she will travel alone and he will join her later. Anyway, she's at the embassy now, don't know if they will make a fuss.
benifa wrote:I assume your sister is entering France in the accompany of, or to join, her husband?
You say "they".datuchi wrote:What about when they decide to come back on 10th March?
benifa wrote:You should note that your sister will only be entering France in accordance with the provisions of Directive 2004/38/EC if she does so either the company of her husband or to join him there.datuchi wrote:Yes and no. Her husband is waiting for his Russian visa. If he gets it in time, they will travel together, if not- she will travel alone and he will join her later. Anyway, she's at the embassy now, don't know if they will make a fuss.
benifa wrote:I assume your sister is entering France in the accompany of, or to join, her husband?
If she will be entering France without her husband and not to join him there, your sister will not be entering in accordance with the provisions of the Directive.
In short, if the latter is true, your sister's entry to France will be subject to the usual Schengen rules as implemented by the French - she will not be able to rely on EC law.
benifa wrote:You say "they".datuchi wrote:What about when they decide to come back on 10th March?
Your sister's Schengen visa has been issued and will be valid until 7th March. Correct? By this time, will her husband by with her? If so, Directive 2004/38/EC then applies.
If so, she and he will have the right to remain in France (or in another Member State) for up to three months, without any conditions or formalities other than the requirement to hold a valid passport. The fact that her Schengen visa will have expired is not an issue, once her husband is present.
Wanderer wrote:Yes! I like it actually, face to face it's honest and forthright - opposite to US style false niceness, but online it doesn't really work - comes across as rude!datuchi wrote: It's very-very complicated but you could say I am russki.
Could you also tell from my attitude?
Actually I have an American friend in Chelyabinsk, Russia teaching the locals American customer service, his life must be sheer hell....
..and yet you still say:datuchi wrote:(Sigh) yes... I know all THAT!!! I can advise you on this myself, if you wish.
Your rudeness to people who spend their personal time trying to help you is frankly quite appalling. Go figure it out yourself. I'm done.datuchi wrote:France by not issuing the Schengen visa to my sister are indirectly preventing her British husband from exercising his FUNDAMENTAL RIGHT of FREE MOVEMENT!
End of
benifa wrote:..and yet you still say:datuchi wrote:(Sigh) yes... I know all THAT!!! I can advise you on this myself, if you wish.
Your rudeness to people who spend their personal time trying to help you is frankly quite appalling. Go figure it out yourself. I'm done.datuchi wrote:France by not issuing the Schengen visa to my sister are indirectly preventing her British husband from exercising his FUNDAMENTAL RIGHT of FREE MOVEMENT!
End of
You can just edit ur posts and remove the text, but really it spoils it for others and destroys the flow of the query.datuchi wrote:My sister is married to a British citizen. She has the 2-year FLR(M) visa which will expire in April/2010 (she will apply for ILR before its expiry).
She usually travels by train from London to Moscow and back (scared of flying). She has an appointment at the French embassy this Thursday 21 January and having looked at their website it states that British residency visa should be valid for at least 3 months from the end of validity of the requested Schengen visa.
Am I correct to suspect that they could apply the same rule to her, regardless of the fact she is the spouse of an EU naional?
This is clearly a problem. What is the way out? She already has had 2 visas issued to her, by the Finnish Embassy in 2008 and the French embassy in Jan 2009 for 6 months and free of charge (as it should be).
However, I am concerned that this time they will make a fuss due to her UK visa nearing the end. She only needs the visa for 3 weeks now, and probably would even pay if required, even if it's transit visa really, is this the only way out?
Any practical advice would be appreciated.
Can she argue that Article 5(2) of the Directive 2004/38 kind of overrides, or takes her outside the requirement as the passport itself is valid till 2012, it's only the FLR(M) which expires in April.
"Family Members who are not nationals of a
Member State shall only be required to
have an entry visa in accordance with
regulation (EC) No 539/2001 or, where
appropriate, with national law. For the
purpose of this Directive, possession of the
valid residence card referred to in Article
10 shall exempt such family members from
the visa requirement.
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."
P.S.
Just a query, what if they originally got married and settled in Russia (she wouldn't have had the UK visa at all) and wanted to travel and visit France? She wouldn't have had to pay for a visa and wouldn't have had the UK visa in the first place anyway, so in the same situation, they shouldn't really refuse?
The bottom line is, would should she do?
Wanderer wrote:You can just edit ur posts and remove the text, but really it spoils it for others and destroys the flow of the query.datuchi wrote:My sister is married to a British citizen. She has the 2-year FLR(M) visa which will expire in April/2010 (she will apply for ILR before its expiry).
She usually travels by train from London to Moscow and back (scared of flying). She has an appointment at the French embassy this Thursday 21 January and having looked at their website it states that British residency visa should be valid for at least 3 months from the end of validity of the requested Schengen visa.
Am I correct to suspect that they could apply the same rule to her, regardless of the fact she is the spouse of an EU naional?
This is clearly a problem. What is the way out? She already has had 2 visas issued to her, by the Finnish Embassy in 2008 and the French embassy in Jan 2009 for 6 months and free of charge (as it should be).
However, I am concerned that this time they will make a fuss due to her UK visa nearing the end. She only needs the visa for 3 weeks now, and probably would even pay if required, even if it's transit visa really, is this the only way out?
Any practical advice would be appreciated.
Can she argue that Article 5(2) of the Directive 2004/38 kind of overrides, or takes her outside the requirement as the passport itself is valid till 2012, it's only the FLR(M) which expires in April.
"Family Members who are not nationals of a
Member State shall only be required to
have an entry visa in accordance with
regulation (EC) No 539/2001 or, where
appropriate, with national law. For the
purpose of this Directive, possession of the
valid residence card referred to in Article
10 shall exempt such family members from
the visa requirement.
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."
P.S.
Just a query, what if they originally got married and settled in Russia (she wouldn't have had the UK visa at all) and wanted to travel and visit France? She wouldn't have had to pay for a visa and wouldn't have had the UK visa in the first place anyway, so in the same situation, they shouldn't really refuse?
The bottom line is, would should she do?
However me quoting means u have to ask me to delete ur bit now - I've had loads of requests by PM to do it when I've quoted before and I just ignore them.
Best to just let it die, this is not the USSR!
BTW I have Zemfira's latest Albom, stolen off the internet in true Russian style! Khochesh'?