Registered partners and schengen visa fee

[flyboy]

Seems Lithuania too has adopted the directive. Will be interesting to know if the other non schengen EU countries apply this new directive already.

http://www3.lrs.lt/pls/inter2/dokpaiesk ... _id=243642

Take note of article 2 ,especially points 4 and 26 with regards to definition of family member.

[flyboy]

Concerning the non schengen EU states , this is a reply from the Hungarian embassy:


Consulate - LON <konz.lon@kum.hu>
Sent : 12 February 2007 09:28:44
To :
CC : Fábry Mária - LON <MFabry@kum.hu>, Kiss Tamásné - LON <TneKiss@kum.hu>
Subject : RE: visa question

Dear Sir,

The answer is YES in the case of Hungary, as soon as you can prove it with the official certificate.

Regards,

The visa section

Hungarian Embassy London


To whom it may concern,



I'd like to enwuire if same sex registered partners of EU/EEA/Swiss citizens are considered family members and if they are exempted from paying the visa fee as well.

Would appreciate any feedback.

[flyboy]

This is the Czech embassy reply:

From : Vizove oddeleni ZU Londyn <visa.london@embassy.mzv.cz>
Sent : 12 February 2007 15:04:16
To :
Subject : Re: visa question



Dear Sir/Madam

If you are registered partners and can provide documentation proving
registered partnership, your status is the same as a family member of an EU
citizen. Please visit www.mzv.cz/london (section CITIZENS OF THE EUROPEAN
UNION, SWITZERLAND, ICELAND, LICHTENSTEIN AND NORWAY AND THEIR FAMILY
MEMBERS) for more information.

Yours faithfully
Jitka Kizekova
Visa Section

[flyboy]

Here's the reply from the Embassy of Estonia:


From : Saatkond Londonis (e-mail) <Embassy.London@mfa.ee>
Sent : 13 February 2007 11:07:00
To :
Subject : RE: visa question


Dear Sir,



Visa is free if you provide a copy of the marriage/partnership certificate and copy of the EU passport.



Sincerely



Maris Hakman
Consular Section
Estonian Embassy

[flyboy]

Italian consulate reply, doesn't surprise me though:)


From : Consolato Generale Londra - Ufficio Visti <visti.londra@esteri.it>
Reply-To : <visti.londra@esteri.it>
Sent : 13 February 2007 12:18:52
To :
Subject : R: visa question

Dear Sir :

The Italian legislation does not recognize such a status. However, under the Schengen/European legislation a MARRIED ( not Common Law ) couple where one member is a EU citizen, the other one dos not pay any visa fee.

Best Regards,
Visa Section.

[Walkabout]

by the way Dawie, just to mention, the schengen visa i got from the Dutch embassy is valid for all schengen states ,multiple entry, valid for 3 years, and in the remark section of the visa, it's written family member of EU citizen

Just to clarify, did you mean 3 years or 3 months?

[flyboy]

Just means the visa is valid for 3 years(no need to apply for one for the next 3 years) but still have to respect the 90 days within 180 days time limit.
This is what they call the schengen circulation visa.

[Leo54]

In relation to Flyboy's update of Jan27th regarding Spain, in August I asked the Spanish visa section at the London Consulate whether they accepted UK Civil Partners as family members. They wrote back (hand written on a compliments slip!) that they do not - but that they do recognise gay marriage! I followed this up with a further letter in November, and the formal reply on 11th December from a Consul General Adjunta was that the August information was correct. He also wrote that same or different sex marriages are included under the definition of "family member", but that my civil partner must apply "... as an unrelated non-EU national resident in the UK".
I wonder if the reply Flyboy received, which states "Same sex couples that are registered at the Civil Registry are given the visa free of charge" refers to same-sex couples married under Spanish law at a Spanish Civil Registry ? In the UK they are called Register Offices.
Does anyone have more up-to-date information regarding this, as my non-EU partner wishes to visit his brother in Spain without all the complications of answering all the questions on the application, and we both want him to be treated properly as the parter of an EU citizen, with the freedom of movement that that should give? Thanks.

[alan and oscar]

Oscar managed to get a schengen visa from spanish embassy just before xmas, but only for 2 months (multiple entry tho, and not limited in territory). This is in contrast to the info you received, leo54. (By the way, surprised you managed to get them to answer your letters, we had problems getting any info out of them. Which address did you use?) We just simply got an appointment and turned up with the docs they wanted and when they mentioned about payment, we said we didn't have to and showed them the civil partnership certificate.
Seems that dutch route may be the best tho to get a longer visa?

By the way, does anyone know if directive has yet been implemented in spain?

[Leo54]

Thanks Alan. The address I used in August was Spanish Consulate – Visa Section, 20 Draycott Place, London SW3 2RZ. They took a long time to reply. My follow-up letter was addressed to the Consul General at the same address. He replied on the 11th December. Did you have to provide all the information that family members are excempt from providing?

[alan and oscar]

Thanks Leo54,
We did provide the asterisked info even tho we didn't need to as it was not a problem to do so for us. I don't expect it would have mattered if we hadn't done so tho.
Alan

[erasmus]

however, I guess you must apply for the Schengen visa at the consulate of your partner's home country (as said below from the dutch consulate in london), i.e. my partner is french, therefore i must apply at the french consulate. unfortunately, the french consulate does not yet recognise same-sex civil partnership in uk nor their own Pacs in france.

i wonder if anyone had luck by applying at other consulates other than the one of their Schengen (EEA) spouse? also how long is the schengen visa valid? i am now fortunate to have a one year schengen visa (90days) from the german consulate in london, does the EEA Partner Schengen visa give 6m or 1y or?

Thanks a lot,

Erik

Dutch embassy:

http://www.netherlands-embassy.org.uk/v ... pply_for_a
The spouse of a national of one of the Schengen countries should apply at the Embassy of his/her spouse's nationality. For example, the spouse of a Portuguese national should apply at the Portuguese Embassy even if the destination is another Schengen country.

[didsburysmancs]

Has anyone had any recent information on France. I emailed the visa section at French Consulate in London a month ago but have no reply. Written again. Thanks

[Docterror]

Flyboy posted a response to that question on the 7th of Feb. Pls have a look at it.

[didsburysmancs]

Still trying to get some reply out of French embassy on the question of visas for civil partners - but no replies. Any one had a luck? Does anyone know if we get a dutch schenghen visa - say for a 90 day period multiple entry - can we use that to enter France?

[stedman]

Does anyone know if we get a dutch schenghen visa - say for a 90 day period multiple entry - can we use that to enter France?

Of course you can - that's the whole point of Schengen visas.

[didsburysmancs]

Thanks for this Stedman and yes it seems clear enough. I have however had some mixed opinions on this. If my civil partner applies for a Schenghen visa from one particular country, he will have to say he intends to go to that particular country (but as it is a partner visa, no flight tickets etc will have to be produced). But, really, he has no intention of going there at all. The idea is to go to France. It does say in the regulations that application for a Schenghen Visa must be made to the country that intend to go to first or stay in the longest. Am I right in assuming that this is just blurb. And once obtained there would be no need to go to the issuing country at all and the visa would be valid for any and everwhere in the Schenghen zone? Thanks

[alan and oscar]

In my view you ought to go to the issuing country at least once as otherwise you might be accused of manipulating the system. I could see that causing you problems if you applied at the Dutch embassy in the future (ie if you obviously hadn't used the visa to go to Holland). However, whether that would cause you problems at any other schengen consulate re future applications is an interesting point to which I would also be interested in knowing the answer. My first impression tho would be that it might be a bit risky for future applications.

[Docterror]

Didsburysmancs, if an applicant was to apply at another Schengen embassy, say Dutch while the real intention is to go to only France, the way out in case a question arises about the lack of entry and exit stamps from Holland at the Dutch embassy when you apply a second time is right in front of our noses.

It does say in the regulations that application for a Schenghen Visa must be made to the country that intend to go to first or stay in the longest

If the applicant was to vacation for say 2 weeks in France, then the answer somewhere along the route of ".... I went to France for 2 days and then went to Holland for 10 days and then came back to France for 2 days and then came back to UK..." should cover almost everything I can think of. As the French embassy still has problems answering about applications reguarding Civil Partnerships, such interesting interpretations of the rules become necessary to get around the red tape.

[stedman]

Didsburysmancs, if an applicant was to apply at another Schengen embassy, say Dutch while the real intention is to go to only France, the way out in case a question arises about the lack of entry and exit stamps from Holland at the Dutch embassy when you apply a second time is right in front of our noses.

It does say in the regulations that application for a Schenghen Visa must be made to the country that intend to go to first or stay in the longest

If the applicant was to vacation for say 2 weeks in France, then the answer somewhere along the route of ".... I went to France for 2 days and then went to Holland for 10 days and then came back to France for 2 days and then came back to UK..." should cover almost everything I can think of. As the French embassy still has problems answering about applications reguarding Civil Partnerships, such interesting interpretations of the rules become necessary to get around the red tape.

Smashing idea, never thought of this. Makes perfect sense e.g. Eurostar direct to Lille or Paris, then a train through Belguim to Holland. I went to Italy once via Nice as I couldn't be bothered with the hassle of an Italian Schengen (maybe things are better now but they were ridiculously fussy years ago) Flew to Nice then took the train to Genoa via San Remo. Lovely view of the med thoughout!

[didsburysmancs]

For information, here is the reply from the French - they do not recognise civil partnerships and they are not for giving visas to civil partners! I have protested about this in my best French! but I doubt if I will get anywhere. They are intransigent! Guess my partner will have to get the Dutch visa this time and say, if asked, what you suggest above. But I will still push the French - waiting now for a reply from the French embassy! They have asked me to send documentation on which my case is based. But guess I will get the same reply as below (whch was directly from France)

From: Sdce.NANTESMB [mailto:Sdce.NANTESMB@diplomatie.gouv.fr]
Sent: 29 March 2007 09:25

Bonjour,
L'alinéa de la directive CE 2004/38 que vous mentionnez, se poursuit
ainsi: "si la législation de l'etat membre d'accueil considère le partenariat enregistré comme équivalent à un mariage" ce qui n'est pas le cas de la France.
cordialement,
IP/REG

[Directive/2004/38/EC]

L'alinéa de la directive CE 2004/38 que vous mentionnez, se poursuit ainsi: "si la législation de l'etat membre d'accueil considère le partenariat enregistré comme équivalent à un mariage" ce qui n'est pas le cas de la France.
cordialement,
IP/REG

They are simply saying that they do not recognize civil partnerships under the strict definition of "family member" contained in Article 2 point 2 of the Directive. Fair enough. But they, like the Irish (http://www.justice.ie/80256E01003A02CF/ ... Q6PEFCN-en), are still required to deal with (or facilitate) Beneficiaries.

Beneficiaries are people who likely have to go through some additional hoops in order to prove their relationship with the EU citizen. They include civil partners, and other kinds of family members "not falling under the definition in point 2 of Article 2" who meet certain conditions. They, as the name suggests, also benefit from the Directive, including visas and longer term residence permits.

Article 3 ("Beneficiaries") point 2 (b) includes "the partner with whom the Union citizen has a durable relationship, duly attested."

On this basis you can apply for a visa, and it should be issued at no cost.

You can get legal questions about your situation answered at http://ec.europa.eu/citizensrights/

[didsburysmancs]

Thanks for this reply - it is very useful indeed - I did not know about that European enquiry site - I have sent off the case to the EU now. Be interesting to see what reply they come back with. I agree the French should give the visa - free - as do other countries - but they are not for doing so. I had a communication to that effect from their Ministry of Foreign Affairs in France. Still waiting to hear from the Consulate In London. Be interested to know if anyone gets a Schenghen visa for a civil partner from the French Consulate.

[Directive/2004/38/EC]

If Citizens Signpost confirms that your rights, you can then approach SOLVIT (http://ec.europa.eu/solvit) and have them approach the French on your behalf. This can take up to 10 weeks, but is worth getting started. I suspect that SOLVIT requests are also a major way that the EU detects problem areas in the implementation of European law.

[tensailee]

Apparently non-EEA family members of an EEA national who holds a Residence Card is not required to apply for Schengen visas if travelling to EU countries for less than 3 monthes and accompanied by their EEA family member.

A Chinese girl successfully did this when she went on a holiday with her Spanish husband in Spain late Feb this year.

Read the following post for details:
http://www.immigrationboards.com/viewtopic.php?t=14981

Does this apply for Registered Partners as well? Presumably the destined Schengen country has to recognise the Partnership first...

Any ideas? Should contact the embassies regarding this!