Visa application refused

[dan1988uk]

Hello, my non EEA stepdaughter’s Schengen visa application has been refused (they sent her home) by the German embassy in Manila because she didn’t have with her a special power of attorney but only an authorization letter from her mom ( my wife who is here with me in UK) to her grandmother. Is it in breach of EU law or is it just policy for minors?

[dan1988uk]

To clarify: not visa denied but application not processed at all.

[Prawo]

Maybe my answer in another topic might be informative and of help.

With regard to Directive 2004/38/EC visa issues it's unfortunately beter to avoid Belgian embassies anywhere in the world if possible.

In the case of the Philippines it's better to plan a trip to Poland as in such a case the visa can be applied for at the Dutch embassy (remember to proove Poland is YOUR main destinatioan) as the Dutch by now know how they have to deal with such applications and the processing time is between 15-30 days (as such applications are standard submitted to the Dutch Visadienst in The Hague).

Do prepare their application properly, als the slightest mistake will give any embassy a reason to refuse this type of visa (and any other).

In case of an unforseen refusal you can easily appeal in Dutch following to the Dutch administrative procedure. It's more trustworthy and cheaper than through a Belgian court and lawyer.

[mgb]

To clarify: not visa denied but application not processed at all.

It guess it is policy about minors.
Btw. did you think about the offloading problem in the Philippines. It is not so easy to leave the Philippines as a citizen of the Philippines.

[dan1988uk]

To clarify: not visa denied but application not processed at all.

It guess it is policy about minors.
Btw. did you think about the offloading problem in the Philippines. It is not so easy to leave the Philippines as a citizen of the Philippines.

Yes I know, but she already got her EEA FP for the Uk and the authorization to travel alone. We will apply for her Schengen visa from London where her mom and I can accompany her so it should be easier. I wanted her to apply from Manila because I have already booked the flight to Germany, anyway we will apply when she will be here in the UK.

[Prawo]

If she has the the UK residence card there is no need for a Schengenvisa if she travels with you.
Should she travel alone or with her mother she still needs a visa but it's not free.

Besides: if someone has a UK visa he or she does not need the Airport transit visa (ATV) from a Schengen country. So any airline should take such a passenger. Keep in mind Philippine nationals do not need an ATV.

If on the way she decides to vist the Schengen area anyway she will be issued a visa at the airport on the condition you are waiting for her (or travel with her) and both of you can proove the family relation with you (through her mother so with your marriage certificate plus her birth certificate). The latter is based on the BRAX/MRAX ruling. I know Germany as well as The Netherlands act accordingly and will issue the Schengenvisa on arrival (once applied for). Usually for 15 days.

[dan1988uk]

If she has the the UK residence card there is no need for a Schengenvisa if she travels with you.
Should she travel alone or with her mother she still needs a visa but it's not free.

Besides: if someone has a UK visa he or she does not need the Airport transit visa (ATV) from a Schengen country. So any airline should take such a passenger. Keep in mind Philippine nationals do not need an ATV.

If on the way she decides to vist the Schengen area anyway she will be issued a visa at the airport on the condition you are waiting for her (or travel with her) and both of you can proove the family relation with you (through her mother so with your marriage certificate plus her birth certificate). The latter is based on the BRAX/MRAX ruling. I know Germany as well as The Netherlands act accordingly and will issue the Schengenvisa on arrival (once applied for). Usually for 15 days.

Thank you, I will apply for her residence card in the UK (my wife already got her Residence Card) but before that we are planning a cruise in the North Sea (Germany, France, Netherlands, Belgium), so she will leave and re-enter the UK with the EEA family permit with me and her mother, that's why I want her to have a Schengen visa. I had this idea to apply from the Philippines, apparently since her mother is not with her it is complicated, so we will apply in London all together.