Schengen visa and unnecessary docs requirements

[a.s.b.o]

hey gurus, an advise needed on how to approach the issue of embassy requesting unnecessary documentation, thus leading to the refusal to accept the application when not provided.

Today we approached the Estonian embassy in Dublin in order to seek a schengen visa. Its a strange embassy as no consular was present and the receptionist shares the duties of the consular worker. Nevermind, we did not get to a good start.

I did my homework and provided the required documentation:

1. Passports and copies
2. Evidence of relations between EEA national and non-EEA family members
3. Application form and a pic
4. COA

I was asked for a travel insurance and replied it was not necessary. She went to consult with someone at the back and came back with another excuse. This time - tickets. I am aware of requirement for "evidence of travel together with an EEA national", but we did not buy tickets yet. I had a written statement of this intent and used it in leu of "evidence". She went back again and came back again with another requirement. She would concede no defeat!!!

So, she came back with an open page of an expired EEA FP passport in my parent's passport and told me that "he has no legal basis for staying in UK". my reasoning of his right to reside in UK as long as I reside, appeal to his COA and appeal to verify this with UKBA meant little. She insisted that he had no paperwork to return to UK meaning that he cannot travel to Estonia alongside his EEA family member. She offered me following resolutions

1. apply for a tourist visa and pay the fee
2. Leave the fee in the envelop and if not required, this to be returned to me (Daa!)

At the moment, they would not take our application. I feel that requirement for having UK visa for returnees for issue of a schengen visa is valid, but should be applied in another category of applications. I reason that my parents' right to travel with me derives from (1) my right to do so and (2) them being my dependent family member, the latter being judicially established in court. I feel that they have not applied the EEA test to his application, as their right of entry meant little for them seeking entry into another EEA country when travelling with me. I also pointed out to the european commission website with examples of these tests applied. Boom, not a muscle flexed.

We are on the verge of missing the trip and incurring financial losses.I am angry, frustrated and feel unjustly done.What would be your advice to approach this?

[liksah]

Ask to speak to the consul. Usually reception staff who 'share' the responsibility of the consul tend to be on a little bit of a power trip. Right to return to the UK is irrelevant for EEA direct family members or dependents.

Take a printout of the relevant pages of the Guide to the Directive and show them to the consul.
http://ec.europa.eu/home-affairs/faq/fr ... _ec_en.pdf

[a.s.b.o]

Ask to speak to the consul. Usually reception staff who 'share' the responsibility of the consul tend to be on a little bit of a power trip. Right to return to the UK is irrelevant for EEA direct family members or dependents.

Take a printout of the relevant pages of the Guide to the Directive and show them to the consul.
http://ec.europa.eu/home-affairs/faq/fr ... _ec_en.pdf

To no avail. They have officially refused to accept the application. Since my parents entered UK, now reside in UK post-EEA FP status and await Residence Cards, this was used an excuse. I quote:

"Hereby I am sending you the reply on behalf of the Minister of Foreign Affairs of the Republic of Estonia .

Thank you for your e-mail. Our aim is to offer a service of good quality to all visa applicants all over the world and therefore we handle every complaint in detail with much attention.
I wish to assure you that the consular officers handle all visa applications according to the Schengen Visa Code and at the same time follow very carefully the rules relating the applicants who are family members of the EU citizens.

Your family member has already received the entry visa according to the Directive 2004/38/EC to join you in the United Kingdom of Great Britain and Northern Ireland.

Your family member has applied for the residence card from the Home Office. The decision to grant the applicant a resident's status is to be made by the host country. The host Member State, which in your case is the United Kingdom of Great Britain and Northern Ireland, shall undertake an extensive examination of the personal circumstances and shall justify the decision about residence to these people.
The residence card must be issued within six months from the date of application as defined in the Directive 2004/38/EC.

Meantime the Home Office advises not to make any urgent travel plans until they have decided your application.

Estonia as the Member of the European Union respects the procedure in United Kingdom of Great Britain and Northern Ireland and therefore we cannot make any decisions before the decision of the Home Office. As you and your family member need to travel urgently to the Russian Federation and not to Schengen area, we do not consider it essential and urgent to process the Schengen visa.

Once the family member receives the residence card, which has been issued pursuant to the Directive 2004/38/EC bearing the text "Residence Card of a Family Member of an EEA National ", he may enter Estonia without a visa, provided that the family member is travelling together with the EU/EEA/EFTA national or to the EU/EEA/EFTA national"

We lost tickets and abandon the trip. Any suggestions?

[liksah]

That sounds like a strange response. Perhaps the embassy is doubting the fact that your family members are dependent on you or something of this sort? What is the exact document you have from the UK court proving this status? In any case, the decision seems like a breach of the directive and it is good that you have it in writing. You may be able to secure compensation but this will be up to 12 months or more down the line.

In the meanwhile, you will need that document (that proves your parents are dependent) for sure. You will need a document showing your family relationship. The only available option is to go to France by land/sea and enter the Schengen area with your documents. Explain the visa situation to the officer if asked and then try to fly to Estonia from France.

Furthermore, if you really don't need to go to Estonia and actually need to go to St. Petersberg, it might be better to just avoid the whole Schengen zone hassle.

[a.s.b.o]

That sounds like a strange response. Perhaps the embassy is doubting the fact that your family members are dependent on you or something of this sort? What is the exact document you have from the UK court proving this status? In any case, the decision seems like a breach of the directive and it is good that you have it in writing. You may be able to secure compensation but this will be up to 12 months or more down the line.

In the meanwhile, you will need that document (that proves your parents are dependent) for sure. You will need a document showing your family relationship. The only available option is to go to France by land/sea and enter the Schengen area with your documents. Explain the visa situation to the officer if asked and then try to fly to Estonia from France.

Furthermore, if you really don't need to go to Estonia and actually need to go to St. Petersberg, it might be better to just avoid the whole Schengen zone hassle.

The fact of the dependency was established at the FTT hearing last November and has been subsequently used as the basis for their EEA FP to enter UK. The court has established financial dependence stretching back to 2009 and have established emotional connection expressed in the number of visits, joined holidays and the deferred pHd entry to support parents. I am at odds as to what other evidence of dependency, on top of documents confirming relations to EEA citizen, would be required for us to travel (and for parents to obtain schengen visa).

We plan to fly directly to Russia but I feel that we should seek compensation for the losses, as we abandon this route. I am, however, lost as to what protocol to follow in order to claim.