Asking for Additional documents - UPDATE

masterboy123 · Post by **masterboy123** » Wed Aug 28, 2013 11:57 am

Hi,
I am non-EU national married to EU national (Hungarian citizen)
I submitted my visa application to travel with my wife, in the Embassy of Ireland (Hungary).
They accepted the Application summary, our marriage certificate, letter from EU spouse that we are travelling together, our passports and 2 photos.

But at the end, they told me I need to submit the following additional documents in order to get my application started:
-6 months bank statement from me or spouse.
-EU spouse present job contract and 3 months payslip.
-I am still a student, so a letter from my parents that they are funding my studies. (I told them I dont get scholarship)
-Rental contract where we live.

As far as I know, these documents are not required. Please correct me if I am wrong.

They told me it will take minimum 1 month until I can get the visa. Although I quoted from EU directives in my cover letter that such applications should be handled in an accelerated fashion.

Any advice please?

jeupsy · Post by **jeupsy** » Wed Aug 28, 2013 12:12 pm

None of the documents they requested are required. However my advice is that if you are in a position to give them what they ask for - just do that to keep things simple.

If there are some documents you cannot provide, then you will have to get ready for a lot of phone/email conversations with them to explain what the EU directive says over and over again until they give up. Or to escalate to Solve-it or a solicitor if they don't give up.

You are right to assume the visa should be issued within a month, but obviously the embassy staff is unaware if the specifics of the directive.

masterboy123 · Post by **masterboy123** » Thu Aug 29, 2013 7:57 am

Hi,

I have most of the documents ready except one. Can you please tell me the website of Solve-it? I have heard its name several times but never knew how it works.

Thanks

jeupsy wrote:None of the documents they requested are required. However my advice is that if you are in a position to give them what they ask for - just do that to keep things simple.

If there are some documents you cannot provide, then you will have to get ready for a lot of phone/email conversations with them to explain what the EU directive says over and over again until they give up. Or to escalate to Solve-it or a solicitor if they don't give up.

You are right to assume the visa should be issued within a month, but obviously the embassy staff is unaware if the specifics of the directive.

dalebutt · Post by **dalebutt** » Thu Aug 29, 2013 9:37 am

http://ec.europa.eu/solvit/site/centres ... /index.htm

Scroll down the list to find Hungarian solvit contact. I would not encourage giving in to unlawful requirements. Stand your ground and get the right you deserve, if you don't they will think it is perfectly OK to do that.

masterboy123 · Post by **masterboy123** » Fri Aug 30, 2013 7:53 am

Thanks for the link.
Actually it says it would take 10 weeks for them to solve my problem...
"to get help in getting my rights recognised by a national administration (within 10 weeks)"
Lets see how it works out...

dalebutt wrote:http://ec.europa.eu/solvit/site/centres ... /index.htm

Scroll down the list to find Hungarian solvit contact. I would not encourage giving in to unlawful requirements. Stand your ground and get the right you deserve, if you don't they will think it is perfectly OK to do that.

jeupsy · Post by **jeupsy** » Fri Aug 30, 2013 8:31 am

Solvit has help some people but has also been useless with others (it depends on the person dealing with your case. It is a good idea to contact them, but keep pushing the embassy on your side as well (and tell them you are escalating the issue).

Brigid from Ireland · Post by **Brigid from Ireland** » Fri Aug 30, 2013 9:44 pm

If you can supply all of the items they ask for I would consider supplying them.

If you cannot supply all of the items asked for I would supply none of them, and would refer them to EU law in respect of my case. I would also contact Solvit and let them know that the matter has been passed to Solvit. This tends to give a fast and good result.

Best of luck with your travels.

masterboy123 · Post by **masterboy123** » Sun Sep 01, 2013 11:17 am

Many thanks for the response.
Well, I have supplied them already 5 out of 6 documents. That is all i can arrange now. Let's see if they say anything.

Brigid from Ireland wrote:If you can supply all of the items they ask for I would consider supplying them.

If you cannot supply all of the items asked for I would supply none of them, and would refer them to EU law in respect of my case. I would also contact Solvit and let them know that the matter has been passed to Solvit. This tends to give a fast and good result.

Best of luck with your travels.

masterboy123 · Post by **masterboy123** » Tue Sep 03, 2013 10:26 pm

From when does the validity of visa for EU spouse travelling with EU citizen to Ireland starts? Does the 90 days time period starts when the visa is given on the passport, or the 90 days starts on arrival to Ireland?

masterboy123 · Post by **masterboy123** » Thu Sep 05, 2013 12:02 pm

anyone please know about the following query?

masterboy123 wrote:From when does the validity of visa for EU spouse travelling with EU citizen to Ireland starts? Does the 90 days time period starts when the visa is given on the passport, or the 90 days starts on arrival to Ireland?

jeupsy · Post by **jeupsy** » Thu Sep 05, 2013 12:35 pm

If depends on what kind of visa they issue. If it is a multi-entry visa the validity period will start on the day it is issued; and if it is single entry it will start when you enter Ireland.

I think fro EUTR applicants they mostly issue type C 90 days multi-entry visas these days.

masterboy123 · Post by **masterboy123** » Thu Sep 05, 2013 4:09 pm

I received email from the Irish embassy.

They are asking me for certified English translation of work certificate of my wife, certified English translation of my Hungarian Residence Permit and address card, and a detailed motivation letter from me.
Also, they mentioned it will take another 6 more weeks from the time when I submit these documents.

Please help me. What can I do now? Are these official requirement in other EU countries to get Irish visa???

masterboy123 · Post by **masterboy123** » Thu Sep 05, 2013 11:35 pm

I am afraid to take the case to SOLVIT, as it may piss off the embassy officials and they may delay the whole process...

Latintraveller · Post by **Latintraveller** » Fri Sep 06, 2013 10:27 am

Dont be afraid to take issues to SOLVIT. That is your right. The trouble is that it can take around 2 to 3 months for SOLVIT to deal with issues.
I suggest you study DIRECTIVE 2004/38/EC and quote the directive whenever you are asked for anything outside of the scope of the directive.

eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L

158

0123:en:PDF

jeupsy · Post by **jeupsy** » Fri Sep 06, 2013 12:17 pm

Yes - go to solveit, the embassy is being ridiculous. At the same time, if it is easy for you to provide the document do it as well to make things quicker; but if not, definitely argue your case and escalate. They are absolutely wrong here.

masterboy123 · Post by **masterboy123** » Sat Sep 07, 2013 1:09 pm

Thanks jeupsy.

Well, we have given the documents for translation and we will have the documents ready by Monday.

We just want them to accelerate my visa application now, because according to them it will take another 6 weeks after I submit the remaining documents. What can I do to make them work faster on my application?
Is Solvit going to help in this & make my application go faster?

jeupsy wrote:Yes - go to solveit, the embassy is being ridiculous. At the same time, if it is easy for you to provide the document do it as well to make things quicker; but if not, definitely argue your case and escalate. They are absolutely wrong here.

jeupsy · Post by **jeupsy** » Sat Sep 07, 2013 11:07 pm

Solvit will only intervene if they are breaking EU laws.

Refusing the application and requesting the documents you listed clearly is a case of doing this.

When it comes to the delay to issue the visa, it is not as clear because the EU directive just says the visa application should be review in an expedited way; and what expedited means is open to interpretation. In practice I don't think Solvit will do anything before it has been at least a month, and even then it might take some time for them to move things around. So I wouldn't count on their help to much with this, sorry :-s

masterboy123 · Post by **masterboy123** » Wed Oct 02, 2013 10:31 am

I finally got the Visa today with 3 months validity starting from 25 September.

I took a total 4 weeks to get the irish visa!

I have few questions:
Is the validity period started already, or the 3 months time starts when we enter Dublin?

Also, it states on INIS website "Accompany Spouse B/O (Phd)"
What is Phd here? Because I am not a PhD student.

Thanks everyone for kind help!!

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Asking for Additional documents - UPDATE

Asking for Additional documents - UPDATE

Update