Schengen Visa for the Filipina wife

[Donutz]

Apparantly some embassies still don't give a damn about the regular Schengen rules or EU family member rights (freedom of movement directive):
- Ex1: http://filipinaroses.com/showthread....visa-for-Spain
- Ex2: http://filipinaroses.com/showthread....isa-Processing

But remember that:
1- An appointment MUST be given within 2 weeks of the request for regular visa applicants (you can apply up to 3 months in advance though) and ASAP for family (spouse) of EU/EEA family members.
2- Processing time should be max 15 calendar days if the application is complete or if it's an EU/EEA applicantion.
3- The external service providers TLS and VFS are entirely optional, direct contact is always possible (saving you their service fee).
4- an application for the family member (spouse) of an EU/EEA national , such as PH spouse of an UK citizen is entirely free: no visa fee etc. Service costs can only be charged if you chose entirely optional services. These applications need to be handled ASAP and with minimum hassle.
5 - If you are the spouse of an EU national they cannot ask about sufficient funds, medical travel insurance etc. Though obviously you are going to travel with some money and proper insurance regardless, not?

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Articles and handbooks:

CHAPTER II

Application

Article 9

Practical modalities for lodging an application

1. Applications shall be lodged no more than three months before the start of the intended visit. Holders of a multiple-entry visa may lodge the application before the expiry of the visa valid for a period of at least six months.

2. Applicants may be required to obtain an appointment for the lodging of an application. The appointment shall, as a rule, take place within a period of two weeks from the date when the appointment was requested.

(...)

Article 23

Decision on the application

1. Applications shall be decided on within 15 calendar days of the date of the lodging of an application which is admissible in accordance with Article 19.

2. That period may be extended up to a maximum of 30 calendar days in individual cases, notably when further scrutiny of the application is needed or in cases of representation where the authorities of the represented Member State are consulted.

3. Exceptionally, when additional documentation is needed in specific cases, the period may be extended up to a maximum of 60 calendar days.

http://eur-lex.europa.eu/legal-conte...LEX:32009R0810

4.4. Direct access
Maintaining the possibility for visa applicants to lodge their applications directly at the consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities.

Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice.

The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider (see Part I, point 4.1)."

http://ec.europa.eu/dgs/home-affairs...10_3667_en.pdf

3. SPECIFIC DEROGATIONS FROM THE GENERAL RULES OF THE VISA CODE

3.1. Visa Fee
No visa fee can be charged.

3.2. Service fee in case of outsourcing of the collection of applications
As family members should not pay any fee when submitting the application, they cannot be
obliged to obtain an appointment via a premium call line or via an external provider whose
services are charged to the applicant. Family members must be allowed to lodge their
application directly at the consulate without any costs. However, if family members decide
not to make use of their right to lodge their application directly at the consulate but to use the extra services, they should pay for these services.
If an appointment system is nevertheless in place, separate call lines (at ordinary local tariff)
to the consulate should be put at the disposal of family members respecting comparable
standards to those of "premium lines", i.e. the availability of such lines should be of standards comparable to those in place for other categories of applicants and an appointment must be allocated without delay.

3.3. Granting every facility
Member States shall grant third country family members of EU citizens falling under the
Directive every facility to obtain the necessary visa. This notion must be interpreted as
ensuring that Member States take all appropriate measures to ensure fulfilment of the
obligations arising out of the right of free movement and afford to such visa applicants the
best conditions to obtain the entry visa.

3.4. Processing time
The visas must be issued as soon as possible and on the basis of an accelerated procedure and the procedures put in place by Member States (with or without outsourcing) must allow to distinguish between the rights of a third country national who is a family member of an EU
citizen and other third country nationals. The former must be treated more favourably than the latter.
Processing times for a visa application lodged by a third-country national who is a family
member of an EU citizen covered by the Directive going beyond 15 days should be
exceptional and duly justified.

3.5. Types of visa issued
Article 5(2) of the Directive provides that third-country nationals who are family members of
EU citizens may only be required to have an entry visa in accordance with Regulation (EC)
No 539/2001.

3.6. Supporting documents
In order to prove that the applicant has the right to be issued with an entry visa under the Directive, he must establish that he is a
beneficiary of the Directive. This is done by presenting documents relevant for the purposes of the three questions referred to above, i.e. proving that:
• there is an EU citizen from whom the visa applicant can derive any rights;
• the visa applicant is a family member (e.g. a marriage certificate, birthcertificate, proof of dependency, serious health grounds,
durability of partnerships ...) and his identity (passport); and
• the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).

It is an established principle of EU law in the area of free movement that visa applicants have the right of choice of the documentary evidence by which they wish to prove that they are covered by the Directive (i.e. of the family link, dependency ...) . Member States may, however, ask for specific documents (e.g. a marriage certificate as the means of proving the existence of marriage), but should not refuse other means of proof.

For further information in relation to the documentation, see Commission Communication
COM (2009) 313 final 22.

3.7. Burden of proof
The burden of proof applicable in the framework of the visa application under the Directive is
twofold:
Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He mustbe able to provide documentary evidence foreseen above as he must be able to present evidence to support his claim.

If he fails to provide such evidence, the consulate can conclude that the applicant is not
entitled to the specific treatment under the Directive. Additional documents may not be required regarding the purpose of travel and means of subsistence (e.g. proof of accommodation, proof of cost of travelling),which is reflected in the exemption for family members of EU citizens from filling in the following fields of the visa application form: (...)"

http://ec.europa.eu/dgs/home-affairs...lidated_en.pdf

Sources and useful info:
- http://ec.europa.eu/dgs/home-affairs...y/index_en.htm
- http://eur-lex.europa.eu/legal-conte...LEX:32009R0810
- http://europa.eu/youreurope/citizens...y/index_en.htm (<- link to EU Ombudsman SOLVIT at the bottom).