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Hi Emc,Emc wrote:Hi, i am very confused about what type of visa i need to get from french embassy. I am a russian citizen married to british men and we are going to live in France. spoke to visa section , but they told me to bring my ticket to france and insurance, ext, which i believe is not needed if i am EU member's spouse. we havent got the date of travel yet, so no tickets. did anyone have the same visa type? please advise
, once i had all the EU laws and regulations printed infront of me, phoned the embassy again, they proved to have no info on entry visas for EU members, except that is free, they kept telling me to look it up on the website, which i did over and over again, but there is no the right form of application fir my case or any info on the list of documents. so i phoned again and they were pushing me from post to pillar between visa section and consulate call centre, since non had the info. After offering me to apply for Schengen(again with tickets as a must) or a long term visa as a french spouse, for which i explained that my husband is British and it will not fit the purpose and also i am not buying any return tickets, the call center lady sent me to talk to consulate face to face and ask them. by the time i got of the phone and went to french consulate they we closed, opening hours-9am-11.30am. very frustrated i phoned the hot line again( sixth time in 24 hours) and i struck gold, the lady on the phone told me to go strait to consulate on Monday with my passport and marriage certificate, photos, ext(no tickets!!) and go strait in without appointment, which they booked for me in January 2010, so good for our plans to spend Christmas in France!! I was told that visa should be issued the same day, its free and the visa officials will give me the right application form, since there is not one on the website. Phew, that is all taking place in Moscow, obviously most people who apply are married to french, but common, there is a mentioning on visas page about EU family members, it says to be dealt with directly by consulate, thats all, the rest to be guessed. I ve seen French sites of USA and China and they all have full onfo on this types of visaa and the list of documents too, why dont they make it global on their websites, since the EU law covers family members from different countries. Well i shall be going there very early on Monday, will wright about the result then. Thank you all again for your support. 
This is against EU freedom of movement.>>>Family members of EU nationals must lodge an application for a short stay Schengen visa then contact the prefecture to finalise the formalities, should they wish to settle in France.
A class D visa is a national visa and hence each member state decides (mostly) themselves, but typically the visa is granted for special purposes. Multiple entry C visa for extended periods are typically 'bona fide' visa, e.g. only issued after a number of short term visas where the visa holder has shown that he/she complies with the rules (the Common Consular Instructions should have some details). The Irish probably have their own rules about what they call a class D visa.acme4242 wrote:Can some of the more knowledgeable guys help clarify
Are there any written EU/Schengen rules or guidelines about this type of
visa for EU family members.
Specifically.
1) class of visa, e.g. Class D (allows more than 90 days)
2) duration, e.g. 2 years
3) multiple entry, e.g. Multiple entry
I read in one >reply< for the Irish, that Family members of EU citizens should be issued with Class-D multi-entry Irish Visas.
Any similar Schengen rules ?
Schengen Visa categories:
* Category A refers to an airport transit visa. It is required for some few nationals for passing through the international transit area of airports during a stop-over or transfer between two sections of an international flight. The requirement to have this visa is an exception to the general right to transit without a visa through an international transit area of an airport.
* Category B refers to a transit visa. It is required by nationals who are not visa-free for travelling from one non-Schengen state to another non-Schengen state, in order to pass through the Schengen area. Each transit may not exceed five days.
* Category C refers to a short-term stay visa. They are issued for reasons other than to immigrate. They entitle holders to carry out a continuous visit or several visits whose duration does not exceed three months in any half-year from the date of first entry.
* Category D refers to national visa. They are issued by a Schengen state in accordance with its national legislation as with respect to the conditions (however, a uniform sticker is used). The national visa allows the holder to transit from a non-Schengen country to the Schengen state which issued the national visa within five days. Only after the holder has obtained a residence title after arrival in the destination country (or a different visa), he may again travel to other Schengen countries.
* Category D+C visa combine the functions of the visa of both categories: They are intended to allow the holder to enter the issuing Schengen state for long-term stay in that state, but also to travel in the Schengen area like a holder of a Category C visa.
* FTD and FRTD are special visa issued for road (FTD) or rail (FRTD) transit only between mainland Russian Federation and its western exclave of Kaliningrad Oblast.
If they intend to enter based on national law then each member state will probably do whatever they find most convenient, possibly also requiring the application for the residence title through the embassy.acme4242 wrote:but no rules related to EU family members.
See EUR-Lex.acme4242 wrote:Do you have a copy of the Common Consular Instructions ?
2.2.1. Entry visas
As provided in Article 5(2), Member States may require third country family members moving with or joining an EU citizen to whom the Directive applies to have an entry visa. Such family members have not only the right to enter the territory of the Member State, but also the right to obtain an entry visa[18]. This distinguishes them from other third country nationals, who have no such right.
Third country family members should be issued as soon as possible and on the basis of an accelerated procedure with a free of charge short-term entry visa. By analogy with Article 23 of the Visa Code[19] the Commission considers that delays of more than four weeks are not reasonable. The authorities of the Member States should guide the family members as to the type of visa they should apply for, and they cannot require them to apply for long-term, residence or family reunification visas. Member States must grant such family members every facility to obtain the necessary visas. Member States may use premium call lines or services of an external company to set up an appointment but must offer the possibility of direct access to the consulate to third country family members.
As the right to be issued with an entry visa is derived from the family link with the EU citizen, Member States may require only the presentation of a valid passport and evidence of the family link[20] (and also dependency, serious health grounds, durability of partnerships, where applicable). No additional documents, such as a proof of accommodation, sufficient resources, an invitation letter or return ticket, can be required.
Member States may encourage integration of EU citizens and their third country family members by offering language and other targeted courses on a voluntary basis.[21] No consequence can be attached to the refusal to attend them.
Residence cards issued under Article 10 of the Directive to a family member of an EU citizen residing in the host Member State, including those issued by other Member States, exempt their holders from the visa requirement when they travel together with the EU citizen or join him/her in the host Member State.
Residence cards not issued under the Directive can exempt the holder from the visa requirement under Schengen rules"
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND
THE COUNCIL
ON THE APPLICATION OF DIRECTIVE 2003/86/EC ON THE RIGHT TO FAMILY
REUNIFICATION
Brussels, 8.10.2008
COM(2008) 610 final
http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF
4.3.5. Waiting period and reception capacity (Article 8(1))
In addition to conditions set out in Article 3, this provision allows Member States to introduce a minimum period of lawful residence (not exceeding two years)21 before reunification can take place.
This means the application may be filed, but Member States may delay granting family reunification until the period determined by their legislation expires. Implementation problems therefore arise with any Member State that stipulates this two-year residence condition to run at the moment of application only (CY, EE, EL and LT).
The second indent provides for a waiting period of three years counted as from the submission of an application, but only in those Member States who have already taken their reception capacity into account at a time of the adoption of the Directive. This standstill derogation was specifically requested by AT - the only Member State using it - as it had a quota system in its national legislation. Upon implementation of the Directive and following the ECJ ruling22
Austria modified its provisions so that three years after an application is filed, a settlement permit for the purpose of family reunification has to be granted regardless of the quota.
This provision precludes the introduction of the notion of reception capacity as a condition in national law.
