Agony over Schengen visa - Belgian Embassy

[catch_hunter]

I am an Irish citizen (EU) and my wife is an Indian (Non-EU). We both live in Dublin, Ireland.
My wife has GNIB card - Stamp 4 (and not EUFAM4).


We were planning to visit a few of the European cities this summer. So, recently, my wife applied at Belgian Embassy, Dublin, for the Schengen visa. Their (Belgian embassy) requirement was to provide both of our passports, our marriage certificate, hotel bookings with both names, air tickets (unconfirmed though I provided the tickets as the price generally rises fast), and travel insurance on my wife's name. My wife applied for a multi-entry 6 months tourist visa, so that we could travel to other European destinations as well in next few months.

To my surprise, Belgian embassy has granted just a single entry visa to my wife. I am really shocked to see this even though she provided all the required documents personally and have had requested for a multiple entry visa. Having a visa in hand, would definitely have boosted our morale and facilitated us in booking future travels whenever we wanted. But this decision of single entry visa has brought me back to the start that every time I along with my wife want to travel to any European destination, my wife has to apply for a fresh Schengen visa and that I and my family are tied up with their decision.

My wife did following things:
1. She went personally to the Belgian embassy. The bus ticket cost 2.40 Euros.
2. She provided passport photos which cost 6 Euros.
3. She provided the Belgian embassy authorities all the required documents (both originals and copies which included my Irish passport and our marriage certificate)
4. Provided a 6 Euro registered envelope to get the stamped passport (with visa) returned by post (otherwise she needs to travel again to collect the passport).
5. She took 2 hours off in morning from her office. She was forced to travel to her office in Taxi as otherwise this could have cost her extra 1.5 hours (and hence a half day off!). Taxi cost her 15 Euros.

At the end of the day, the total cost came 29.40 Euros. Please remember she has to make up that 2 hours in office and she can't ask for that favour every time otherwise she has to book a half day off (which again costs).

So, my questions are:
1. European Union claims that visa is free to the spouse of any EU citizen. I don't agree to that. I see a hidden cost involved and a lot of harassment. If you say I am not a full EU citizen rather just an Irish citizen that means I am a second class EU citizen as I am still bounded with a lot of bureaucracy and regulations.

2. European Union claims that if my wife wishes to travel with me (an Irish - EU citizen), the visa would be free. I know I can exercise my EU rights by moving to another European country and getting my wife EUFAM4 which would entitle her visa free travel (with me) but I don't want that. I see that my travel plans and my freedom are curtailed just because I am married to an Indian. I, on my own, can travel freely but that doesn't give my family any access rights. Should I take this as that European Union does not promote family harmony and that I have committed a crime by marrying a Non-EU spouse. What kind of freedom is this if my wife cannot travel freely with me?

3. Every time I want to travel with my family to any European destination, I have to first book a ticket and then my wife has to apply for a visa and then wait for her passport to arrive in next 2 weeks. The visa could only be applied 3 months in advance and it would be granted a single entry. So, if my wife wants she can't apply for a visa 6 months in advance and also she does not have the privilege of multi entry otherwise she could have gotten a 6 months visa which could have allowed her to book another ticket 6 month in advance. On the other hand, most of the Europeans book their tickets well in advance because they are not bound by a visa and it gives them a freedom to choose cheaper options, which in my case is not there. In addition, if they want, can book a ticket for next weekend (depending on if it suits their plan and or cost), however my wife don't have that privilege either. my wife is not free to book any cheap tickets as most of the tickets in near term (mainly in summer) would be costlier. So, who would bear that dear ticket cost? Obviously me! A European spouse can get a 50 Euro ticket whereas I have to book a 300 Euros ticket. Does it in any way say that the visa is really free? Also, how do I see that my wife has the same right as any other European when she travels with me? She can't travel with me as any other European spouse travel. This causes pain and agony to the family, their morale, and their outlook towards the authorities.

I am totally lost at this moment. I am not angry but in deep agony as I think I have made a mistake by marrying a Non-EU citizen. What kind of encouragement is this for a family? I don't see that European Union wants to preserve family rights and give them a chance to enjoy their life and I am still trying to figure out why so?

I would like to complain to the European Union authorities but before that I am looking forward to your valuable suggestions.

Thanks in advance.

[ca.funke]

Hi catch_hunter,

I had the same problem with the Belgian embassy, this is standard
http://www.immigrationboards.com/viewto ... ssy#675327

You can also travel without visa, always, however it´s not guaranteed to always work in practice:
http://www.immigrationboards.com/viewtopic.php?t=95372

Rgds,
Christian

[acme4242]

The blame rests with the bad minded crooks in Fianna Fail
main guy being John O'Donoghue

http://irelandsreversediscrimination.wo ... 0/02/20/1/

But if the EU commission wanted to lessen the trauma caused
to Irish Citizens and their family by the Irish state,
they could allow Irish family EU free travel, that is if they wanted to help.

[catch_hunter]

Thanks Christian and acme4242 for your response.

I have now made a complain to European Commission - Your Europe advice, which works in partnership with Solvit.

Let me see what response I get.

[EUsmileWEallsmile]

1. She went personally to the Belgian embassy. The bus ticket cost 2.40 Euros.

Luckily, one appears to live close to the embassy. I could think of a much more expensive train or other journey.

Overall, I'm in agreement with you by the way, just pointing out that things could be harder.

Campaign for Ireland to join Schengen and this problem would disappear!

You are very lucky to have your wife of course and I wish you all the best.

[Directive/2004/38/EC]

I have now made a complain to European Commission - Your Europe advice, which works in partnership with Solvit.

Let me see what response I get.

You should complain directly to the European Commission also. Very important! http://ec.europa.eu/eu_law/your_rights/ ... rms_en.htm

[catch_hunter]

Thanks Directive/2004/38/EC

I have now made a complaint to the European Commission as well.

[catch_hunter]

I have received following response from "Your Europe Advice". I feel this is a very generic response with nothing concrete and am still at the same point where I was before I made this complain.

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Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Dear XXXXXX ,

Thank you for your enquiry.

I have read the details of your enquiry.

I wish to refer you to EU Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

Your family members, irrespective of their nationality, have the right to accompany or join you in a Member State other than that of your nationality. This right applies irrespective whether they have previously been residing in another Member State.

As provided in Article 5(2) of this Directive, Member States may require third country family members moving with or joining an EU citizen to whom the Directive applies to have an entry visa. Such family members have not only the right to enter the territory of the Member State, but also the right to obtain an entry visa. This distinguishes them from other third country nationals, who have no such right. Third country family members should be issued as soon as possible and on the basis of an accelerated procedure with a free of charge short-term entry visa. By analogy with Article 23 of the Visa Code the Commission considers that delays of more than four weeks are not reasonable. The authorities of the Member States should guide the family members as to the type of visa they should apply for, and they cannot require them to apply for long-term, residence or family reunification visas. Member States must grant such family members every facility to obtain the necessary visas.

As the right to be issued with an entry visa is derived from the family link with the EU citizen, Member States may require only the presentation of a valid passport and evidence of the family link.

The time it takes to obtain a visa varies between each country. Furthermore, the decision to grant a visa, the duration of the visa and/or the type of visa is at the sole discretion of the Embassy/Consulate. The embassies are not obliged in any way to issue a visa should they have reason to act in such a way. The documents that your non-EU family member needs to apply for a visa may vary from country to country

To avoid problems, contact the consulate or embassy of the country to which you are travelling well in advance to find out which documents your non-EU family member will be asked to present at the border. This will help to avoid unpleasant situations such as non-EU family members being refused entry because they do not have the required documents.

For completeness, I wish to add that under EU Law, your non-EU spouse, would not need to get a visa from the country they are travelling to if:

- that country is in the Schengen area and they have a residence permit or visa from another Schengen country (Ireland is not a Schengen country)

OR

- they are travelling with you or travelling to join you and have a residence card issued by an EU country (except the country you are a national of). The residence card would need to clearly state that the holder is a family member of an EU national (this is not the case in your situation as you are a national of Ireland).

I hope the above information is of assistance, and as mentioned above, you should contact the consulate or embassy of the country to which you are travelling well in advance to find out which documents your non-EU family member will need to provide.

Your Europe Advice

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.

Yours sincerely,

Your Europe Advice


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