NOTHING to PAY - SCHENGEN VISA (Spouse of an EU Citizen)

[EdwardB]

Hi there,
We went to try to get our Schengen visa today for France from tlscontact but were not able to because they would not accept our marriage contract because it was not clear. .

Interested and intrigued by this rejection. It does seem that there is scope to apply much more easily through countries like Netherlands and Czech. The EU has a very broad definition of a family member. Czech clearly states in the guidance notes to applicants.

http://www.mvcr.cz/mvcren/article/wh...ly-member.aspx

No charge. Visa fees are waived for the following foreign nationals :
foreign members of families of nationals of other Member States of the EU/EEA and Switzerland (decree of 11 March 1994 modified) ;
(4) The provisions of this Act, which pertain to family members of European Union citizens, will be applied in a commensurate manner to aliens who can credibly prove that:
a)they are a in a family relationship with an European Union citizen that is not specified in Subsection 1 if:
1.they lived in a common household with a European Union citizen in the country whose citizenship they hold or in the country in which they held long-term or permanent residence;
2.they are financially supported by a European Union citizen; or
3.they cannot care for themselves without the personal care provided by a European Union citizen due to a chronic adverse health condition; or
b)they are in a permanent relationship with a European Union citizen that is comparable to a family relationship and that they share a common household.

So even if you are living as partners together in a third non EU country you qualify as family.

AND EC (2010)1620 - the guidance notes from The EU

PART III: SPECIFIC RULES RELATING TO APPLICANTSWHO ARE FAMILY
MEMBERSOF EU17 CITIZENS OR SWISS CITIZENS
(this chapter only covers issues of relevance to third-country nationals subject to a visa
requirement under Regulation 539/2001)

The right of free movement of EU citizens would not have any useful effect without
accompanying measures guaranteeing that this right is also given to their families. Therefore
the Directive extends the right to free movement to family members of EU citizens. Article 5
(2), 2nd sub-paragraph of the Directive provides that "Member States shall grant [family
members covered by the Directive] every facility to obtain the necessary visas. Such visas
must be issued free of charge as soon as possible and on the basis of an accelerated
procedure.".

HOWEVER there is inconsistency between countries under a derogation that allows different definitions of Core and Extended family members.

The following persons are defined in Article 2(2) of the Directive as ‘core’ family members:
• the spouse;
• the partner with whom the EU citizen has contracted a registered partnership, on the basis
of the legislation of any Member State, if the legislation of the host Member State treats
registered partnership as equivalent to marriage;
• the direct descendants who are under the age of 21 or are dependant as well as those of the
spouse or partner as defined above; or
• the dependant direct relatives in the ascending line and those of the spouse or partner as
defined above.
In order to maintain the unity of the family in a broad sense, Member States may extend the
facilitations to so-called ‘extended’ family members, see Commission Communication COM
(2009) 313 final23.
The following persons are defined in Article 3(2) of the Directive as ‘extended’ family
members:
• any other (i.e. those not falling under Article 2(2) of the Directive) family members who
are:
• dependants;
• members of the household of the EU citizen; or
• where serious health grounds strictly require the personal care by the EU citizen;
or
• the partner with whom the EU citizen has a durable relationship, duly attested.
Article 3(2) of the Directive stipulates that ‘extended’ family members have the right to have
their entry facilitated in accordance with national legislation. In contrast with ‘core’ family
members, ‘extended’ family members do not have an automatic right of entry. Their right of
entry is derived from the national legislation transposing the Directive where the consulates
should find detailed rules on this category of visa applicants.

So as above it seems that Czech follows the guidelines. Netherlands even seems to define a durable partner relationship as 6 months!!

France is unsearchable as to the definition of "Core" and "Extended" family - saying no more than:

foreign members of families of nationals of other Member States of the EU/EEA and Switzerland (decree of 11 March 1994 modified) ;

I have tried to search the 11 March 1994 decree in French and English without success.

Finally as mentioned in various threads every country must make it available to apply direct and without charges even if they engage an agent.

Overall it looks like the safest and quickest way to a Schengen visa is through Netherlands or Czech. Be interesting to see a league table of all the countries, so people can save time, money and anguish.

[EdwardB]

They are not allowed to fob off any refusals with the standard EU Refusal form. The form covers only the Appeal condition, and there is serious politicking going on over how France in particular handles appeals.

COM-2009-0313-FIN-EN-TXT


Partners with whom an EU citizen has a de facto durable relationship, duly attested, are
covered by Article 3(2)(b). Persons who derive their rights under the Directive from being
durable partners may be required to present documentary evidence that they are partners of
an EU citizen and that the partnership is durable. Evidence may be adduced by any
appropriate means.
The requirement of durability of the relationship must be assessed in the light of the objective
of the Directive to maintain the unity of the family in a broad sense12. National rules on
durability of partnership can refer to a minimum amount of time as a criterion for whether a
partnership can be considered as durable. However, in this case national rules would need to
foresee that other relevant aspects (such as for example a joint mortgage to buy a home) are
also taken into account. Any denial of entry or residence must be fully justified in writing and
open to appeal.