Sweden denied visa to non-EU family members.

[alisunny]

Hello folks,

I am a British citizen and my wife applied for Schengen visa at the Swedish embassy in Pakistan but they were denied. They had applied as family members of EU citizen. The reason for refusal was that the embassy could not be convinced that my family would return to Pakistan after their stay in the Schengen territory. I did write the embassy several times citing the EU Directive 2004/38/EC and even copied the Swedish Migration Board and I was advised that my wife should send an appeal letter to the embassy in Pakistan The official I spoke with on the phoned told me that on receiving the appeal, it would take a week to review it internally and decision could be overturned but if not, the appeal will be forwarded to the Migration Court in gothenburg and that could take up to a month.

My wife sent in the appeal last week and I was confident it wouldn't need to go to the Migration Court if they correctly applied the EU Directive. To my astonishment, I was informed earlier today on the phone that the reviewer had upheld the original decision and it will have to go to the Migration Court in gothenburg.

I am seeking advice from people on here as regards what further steps to take.

Is it appropriate to contact the Migration Court from the UK here or just leave them to conclude the appeal?



Can I take this up with the European Union Commission if the Migration Court does not overturn decision?

I am already thinking of getting them to apply to another Schengen visa as soon as possible so we can go on vacation.

What do you guys think please? I really will appreciate your input. Thank you.

[noajthan]

Unclear if application was made with intention to settle ie under free movement or for purpose of visit (as you also mention a vacation).
Maybe Swedish official was confused with the application too.

If really a Directive-related application (not just a visit) you could file complaint via Solvit.

[mgb]

The intention doesn't matter. The family member has the right to join/accompany the eu citizen for 90 days in a 180 day period. That is it.
If he/she want to stay longer he/she has to apply for a residence card inside the 90 days.

The OP should have mentioned the Schengen Visa handbook C(2010) 1620 part III.
http://ec.europa.eu/dgs/home-affairs/wh ... ted_en.pdf

[secret.simon]

The family member has the right to join/accompany the eu citizen for 90 days in a 180 day period. That is it.

And that is the nub of the matter. The right of the non-EEA family member is only to either travel with or to accompany the EEA citizen. That right does not exist independently of the EEA citizen.

The OP's post does not make it clear whether he had clarified that he will be in Sweden with his spouse for the period that she is in Sweden.

My interpretation of the Directive is that the spouse can join the OP in Sweden and that she is exercising her rights under the Directive while he is in Sweden, but not otherwise. In the event that the OP is not in Sweden, the spouse needs to apply for a normal Swedish visit visa in the normal way and the Directive does not apply.

[liksah]

I am already thinking of getting them to apply to another Schengen visa as soon as possible so we can go on vacation.

It appears from the above statement that they are indeed going to be together in Sweden so it sounds like the directive should apply.

[khanmzk]

@Alisuuny

There is no legal obligation on you to provide them with the proof weather your wife will return at the end of the trip while you exercising free movement rights under 2008/38/EC but you have to make your purpose really clear infront of the embassy by writing the cover letter among your application and even on the application form that you will be settling down in the EU country your are planning to move with your spouse.i Think you
should contact solveit and explain them the situation they are helpfull they have helped people in the past and they have succeeded so my advise will be to contact solveit ASAP the free movement is your right under
section 2 para. 4 sentence 2 Freedom of Movement Act/EU.Going through the court is up to you but yet again my advise will be not to start a petition until you get the answer from solveit.be strong fight for your right
they are nobody to stop you...i am sure you are aware of solveit if not then i am pasting a link below so you can start contacting them GOD Bless PEACEEEEEEEEEEEEEEEEEE..........................

http://ec.europa.eu/eu-rights/enquiry-c ... solvit-web

[secret.simon]

See this similar thread. It seems that Sweden expects you to be in Sweden for your spouse to exercise rights under the Directive.

At the very least, did the OP make it clear in his application that his spouse will be joining him in Sweden? Given that it was not clear (to me) from the text of the original post, I would not be surprised that the Swedish Migration Office came to the same conclusion and hence denied the application.

[alisunny]

I registered my complaint Solvit and EU EU commission as well few weeks ago. but no help.
even i call them several times but always gos in answer machine.
I'm very disappointed how i been treated.
Solvit no even listen to me no justice.
i just feel like it give up.

any suggestion please

[alisunny]

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please if any advice send me email.

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

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[noajthan]

@alisunny we do not have a hotline to the inner workings of EU commission & etc.

You won't get any special advice in private by email. You will just attract a lot of spammers and scammers and 'advisors' - all sorts of unwanted attention.

The best place to get advice on this board is in public.
If anyone feels able to advise you they will.

[Ali jawad]

Hi Ali,

I am also from Pakistan and want to know what happend finally.Did your family got visa after appeal or what you did to get them there using this directive.It would really help me in this regard because i am also thinking to apply for my family. It would really be a great help.


Regards,
Ali

[alisunny]

Hi Ali,

I am also from Pakistan and want to know what happend finally.Did your family got visa after appeal or what you did to get them there using this directive.It would really help me in this regard because i am also thinking to apply for my family. It would really be a great help.


Regards,
Ali

Hello Dear

Swedish visa officer in Pakistan his horrible people. i was apply visa for my Wife two time but they refused.
even i appeal as well both time but they no really listen to you. i provide everything but treated very unfairly.
i complaint in eu high commissioner but result 0.
maybe this is my bad luck.

no only me i knew some other people they applied as well but they refused them.

[Ali jawad]

Hello Ali,

Thanks for you reply.Please tell me which documents you had provided to them?I knew one guy his family got the visa.Please tell me what they are exactly saying and what you said in you objection and what commision replied to you.Then we can see the difference and find out what should we do.

Thanks and Regards,
Ali jawad

[alisunny]

Hello Ali,

Thanks for you reply.Please tell me which documents you had provided to them?I knew one guy his family got the visa.Please tell me what they are exactly saying and what you said in you objection and what commision replied to you.Then we can see the difference and find out what should we do.

Thanks and Regards,
Ali jawad

hello Ali

we was provided marriage certificate from Nadara tested from foreign affairs
Naka nama Urdu and English tested from foreign affairs
family registration form tested from foreign affairs
wedding picture
copy of my passport and evidence stamp in and out from Pakistan when i got married.
visa form
my wife passport
family details form
hotel booking
return ticket

but the visa officer said my marriage certificate from Nadara its false they dont have record in their database.

but that,s no true they didn't check that.

i think the was all we provided. if you applying please keep me up to date .
good luck

[Ali jawad]

HI Ali ,

Yes, i am planning to apply and offcourse will share with you.Please tell me one thing more that you were with your family while applying there or you were still in UK?Because i heard that you should also accompany your family then this rules(EU family visa) apply!Bit confused with it!I hope you got my question..Will wait for your reply and suggestion into this matter.

Regards
Ali jawad

[mgb]

If the embassy doesn't acknowledge the marriage certificate all other questions doesn't matter.

[Obie]

I had applied for a visa for a lady in Thailand . It took 24 hours for it to be processed by the Swedish embassy in Bangkok.

Wondered why Pakistani embassy is behaving this way.

[Wanderer]

Sweden has become strange, there are now proper full-scale border controls on the train here in Copenhagen over the Øresundbroen to Malmø, and a lot of stories from Danes here about how bad the problems are there with muslims, no way to sugar coat it I'm afraid.

[Obie]

What problem with Muslims?

[mgb]

I had applied for a visa for a lady in Thailand . It took 24 hours for it to be processed by the Swedish embassy in Bangkok.

Wondered why Pakistani embassy is behaving this way.

Because documents from Pakistan are not trustable. Every embassy there has their own strategy to check if a document is valid or not.

[Obie]

You said problend with musliMs, and I was trying to establish what the problems were.

There is fraud aswell in Thailand. No nation is immune.

[Wanderer]

What problem with Muslims?

I thnk we all know, read the news - and now I'm living here I'm seeing it myself, Copenhagen is fine, there are all races and faiths here, no issue, but in Sweden and especially Malmø its really bad, and Malmø being the first city over the bridge it's worst there.

[alisunny]

HI Ali ,

Yes, i am planning to apply and offcourse will share with you.Please tell me one thing more that you were with your family while applying there or you were still in UK?Because i heard that you should also accompany your family then this rules(EU family visa) apply!Bit confused with it!I hope you got my question..Will wait for your reply and suggestion into this matter.

Regards
Ali jawad

i was in UK but i was travailing with my wife from Pakistan to Sweden. we booked both tickets.
yes their is rule when your family got visa you have to travel with them.

[Ali jawad]

I had applied for a visa for a lady in Thailand . It took 24 hours for it to be processed by the Swedish embassy in Bangkok.

Wondered why Pakistani embassy is behaving this way.

Because documents from Pakistan are not trustable. Every embassy there has their own strategy to check if a document is valid or not.

Well its not true.We have same computerized system as in Europe.Everything is machine readable so its not true anymore.There might be a case they would not e able to verify it from authority due to any reason.Though i accept Pakistan is developing but its very easy to make a system for 5 or 6 million people but we have to do a lot of efforts to implement any system for 200 million people.

[compi]

Hi Ali,

I am also from Pakistan and want to know what happend finally.Did your family got visa after appeal or what you did to get them there using this directive.It would really help me in this regard because i am also thinking to apply for my family. It would really be a great help.


Regards,
Ali

So here is my Experience with Swedish Emabassy in Pakistan

- We applied on 25th July, with my both kids in Gerry's Lahore, (My wife is Cyprus national)
- This was our first visa ever, I never travelled before.
- In Gerry's, they didn't let me submit original Marriage certificates and birth Certificates. (Embassy called me later and requested this to submit again.)
- Gerry's also were not fully aware about Directive, and they were asking me to submit invitation letter and bank statements etc. I had email from Swedish embassy, that they do not need this. so after a hesitation they accepted the application at Gerry's.

Documents submitted.
1 - Schengen Visa application form.
2 - Family details form.
3 - Birth Certificates and Marriage Certificate. From Nadra, legalized by Forign affairs office.
4 - Passports, and coppies of Passports and ID Card.
5 - Confirmed tickets. (I actually purchased tickets online, instead of temprorary booking)
6 - Copy of Passport, ID Card, and POC Card of my wife.
7 - A lettter from my wife, that we are travelling with her.

Emabassy recevied docs on 27th July. I called the embassy when it was 2 weeks completed, but they said it normally takes 3 to 4 weeks.
After 5 weeks, there was still no update, so I send them email with reference of visa guidelines etc, that they must issue visa with in 2 weeks. I did this on Thursday, and on coming Monday morning they called me to ask if I am still going, (because my tickets were expired due to their delay, which I had changed to new dates now). I said yes, they asked me to send them new plan by email. So I sent them new tickets, on the same evening I tracked on VFS global, and it was showing that application is processed and sent to VFS Lahore.
That's it, I collected the passports next day and I had visa on them for 16 days as requested.

Summary: Visa office is very rude, and contact timing is only between 2 to 4pm, and they put their lines busy on this time. If you get a proper answer when you call them, will be a very fortunate. otherwise they know only as much as VFS tracking system will tell you, nothing more. My advise is, do not over-load the application with documents, just provide them as much they asked, but must be verifiable and original.

I hope this will help.