Does the Directive 2004/38/EC apply to C-type visa?

[xlnallnat]

May I ask this question?

I am a British citizen and would like to apply for a visa so that my mother, holding an Asian passport, could visit an EU country with me.

I base my case on the Directive 2004/38/EC which is about the right of citizens of the Union and their family members to move and reside freely within the territory of the EU and EEA member states.

At the moment my mother is in the UK as a family visitor. She entered the UK using a C-family visa, which is valid for 5 years. Of course, as a visitor, she can only stay in the UK for 6 months per year.

The French Embassy and its TLSContact centre refused to process my mother's visa, saying "“As per the decree 2008-1176 of the 13th of November 2008, the French Consulate, London, is not competent in processing visa applications of people not resident in the UK, i.e. holders of ´C-Visit´ visas or of a British visa valid for 6 months or less."

Meanwhile, the German and Austrian Embassies in London also refused. They said, "An application cannot be based on UK visitor´s visa type C."

Are these answers legal or is there anything I can do?

Thank you

[EUsmileWEallsmile]

Firstly, in order to benefit from directive 2004/38/ec, your mother would require to be dependent on you.

If this were the case, you could argue that the directive mandates that member states provide every facility for the visa to be issued. They generally expect applications to apply in the country of residence, but this can be waived in certain circumstances.

[xlnallnat]

What do you mean by 'dependent on' in this case? According to what I read, apparently the dependant only needs to submit their passport and a birth certificate to certify the kinship.

[EUsmileWEallsmile]

In order to demonstrate that a parent is dependent on their child, they would need to provide evidence of this. If your mother can travel to the UK independently of you and doesn't normally live with you, she may not be dependent on you.

There is guidance on constitutes dependency, but you will need to research this.