1. Schengan Visa Application form
2. Our original marriage certificate
3. Marriage Certificate translated into French by alliance francaise, their 'official' translator.
4. Copy of my UK Passport and his own passport
5. A 3 page letter in French by a legal caseworker who was dealing with our case last year, explaining the Directives and our rights and what documents should and should not be requested for this application.
Gerry's, their third party agent knows nothing about the EU Laws or the directive and again they are treating my husband as any other Pakistani Citizen - outside the context of the directive. They requested the usual flight reservations, hotel reservation, pay slip, evidence he will return from france after visit, visa fees etc. They will not take my husbands application without these items, nor make an appointment with the embassy to get a visa issued.
Last year, we planned to go to Paris during the summer and it was a case of me emailing the French Embassy with a request for an appointment. My husband went for the appointment, but they treated him outside the context of the directive and wanted hotel reservations, itinerary etc... which they shouldn't be asking for. I got UK Solvit involved, namely Ms. Chris Korczs, involved who I might add was completely useless. Although she responded to me in a timely manner, the way she dealt with the case was much to be desired. Instead of helping, she put me around in circles, does not seem to have an understanding of EU law, tries to find ways that you are NOT qualified under EU law and generally want you off her case. She lacks communications skills, in a bad way. She is not interested, to say the least. I tell her one thing, and she gives me a completely different answer that is not helpful whatsoever. She took so long in dealing with this case (more then 2 months), that our time to travel to Paris had long gone by the time the french embassy had realized their mistake.
So, this year its back to the drawing board.
So, without much choice, I contacted Ms. Chris Korcz again for help, explaining that a third party agent is not allowing my husband to even lodge an application for a visa at the french embassy. Again she was unhelpful. She said that according to Article 8, I have to be residing in france for the directive to kick in. Her choice of words was interesting. Residing. I responded to her, asking for confirmation as to whether I need to be 'living' in France for the directive to kick in. She said that I need to show evidence that I plan to travel to France! As far as I know, as a British national I do not have any restrictions whatsoever in traveling to France, or in needing to provide evidence of my intention to travel to France. I am not about to go ahead and book travel plans for myself, when I dont know when my husband will get his visa!
I emailed the French embassy again, detailing the whole problem with their agent, explaining that they will not allow my husband to submit an application for a visa under this directive and I also attached the letter from a caseworker explaining everything, along with a demand for an appointment.
I got a response from them saying "Processing takes 2-3 weeks" - !!!!???? We do not even have an application lodged in order for it to be processed!!! The un-professionalism here is much to be desired!
So, in desperation, I emailed Chris Korcz explaining this to her. She says that there is no evidence that the french embassy has so far acted in contradiction to the directive and that once a decision on an application has been made by them, only then can she help me! My husband cannot lodge an application in the first place, there will be no decision outcome, because there is no application to decide on!!! She doesn't seem to understand this!!
So, I called your Europe advise and they just said to me that the french embassy can ask for whatever documents they want!! This is ridiculous!
If anyone can advise what I can do now, please help! I am at the end of my tether. I have called various lawyers and at least 2 of them didn't know what the directive 2004/38/EC is! One just told me that a Pakistani needs a visa to travel to france and wanted to charge me 30 Pounds for this advise!! Like I didn't know that!
Please help! Its getting ridiculous now
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