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Handbook for the processing of visa applications and the modification of issued visas wrote:
3. SPECIFIC DEROGATIONS FROM THE GENERAL RULES OF THE VISA CODE
This point provides for operational instructions concerning the specific derogations from the
general rules of the Visa Code that are to be applied when it has been ascertained that the visa
applicant falls under the Directive and that there is no exemption from the visa requirement.
3.1. Visa Fee
No visa fee can be charged.
3.2. Service fee in case of outsourcing of the collection of applications
As family members should not pay any fee when submitting the application, they cannot be
obliged to obtain an appointment via a premium call line or via an external provider whose
services are charged to the applicant. Family members must be allowed to lodge their
application directly at the consulate without any costs. However, if family members decide
not to make use of their right to lodge their application directly at the consulate but to use the
extra services, they should pay for these services.
If an appointment system is nevertheless in place, separate call lines (at ordinary local tariff)
to the consulate should be put at the disposal of family members respecting comparable
standards to those of "premium lines", i.e. the availability of such lines should be of standards
comparable to those in place for other categories of applicants and an appointment must be
allocated without delay.
3.3. Granting every facility
Member States shall grant third country family members of EU citizens falling under the
Directive every facility to obtain the necessary visa. This notion must be interpreted as
ensuring that Member States take all appropriate measures to ensure fulfilment of the
obligations arising out of the right of free movement and afford to such visa applicants the
best conditions to obtain the entry visa.
3.4. Processing time
The visas must be issued as soon as possible and on the basis of an accelerated procedure and
the procedures put in place by Member States (with or without outsourcing) must allow to
distinguish between the rights of a third country national who is a family member of an EU
citizen and other third country nationals. The former must be treated more favourably than the
latter.
Processing times for a visa application lodged by a third-country national who is a family
member of an EU citizen covered by the Directive going beyond 15 days should be
exceptional and duly justified.
3.5. Types of visa issued
Article 5(2) of the Directive provides that third-country nationals who are family members of
EU citizens may only be required to have an entry visa in accordance with Regulation (EC)
No 539/2001.
3.6. Supporting documents
In order to prove that the applicant has the right to be issued with an entry visa under the
Directive, he must establish that he is a beneficiary of the Directive. This is done by
presenting documents relevant for the purposes of the three questions referred to above, i.e.
proving that:
• there is an EU citizen from whom the visa applicant can derive any rights;
• the visa applicant is a family member (e.g. a marriage certificate, birth certificate,
proof of dependency, serious health grounds, durability of partnerships …) and his
identity (passport); and
• the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).
t is an established principle of EU law in the area of free movement that visa applicants have
he right of choice of the documentary evidence by which they wish to prove that they are
covered by the Directive (i.e. of the family link, dependency …). Member States may,
however, ask for specific documents (e.g. a marriage certificate as the means of proving the
existence of marriage), but should not refuse other means of proof.
For further information in relation to the documentation, see Commission Communication
COM (2009) 313 final
34
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Schengen Visa code wrote: Article 17
Service fee
1. An additional service fee may be charged by an external
service provider referred to in Article 43. The service fee shall
be proportionate to the costs incurred by the external service
provider while performing one or more of the tasks referred to
in Article 43(6).
2. The service fee shall be specified in the legal instrument
referred to in Article 43(2).
3. Within the framework of local Schengen cooperation,
Member States shall ensure that the service fee charged to an
applicant duly reflects the services offered by the external
service provider and is adapted to local circumstances.
Furthermore, they shall aim to harmonise the service fee
applied.
4. The service fee shall not exceed half of the amount of the
visa fee set out in Article 16(1), irrespective of the possible
reductions in or exemptions from the visa fee as provided for
in Article 16(2), (4), (5) and (6).
5. The Member State(s) concerned shall maintain the possiÂ
bility for all applicants to lodge their applications directly at
its/their consulates.
Article 17 - Service fee
4. The service fee shall not exceed half of the amount of the
visa fee set out in Article 16(1), irrespective of the possible
reductions in or exemptions from the visa fee as provided for
in Article 16(2), (4), (5) and (6).