Belgium rejected non-EU spouse for Schengen visa

Hello All,

We received a phone call today from the Belgian Embassy in Prague explaining that they have rejected my wife's Schengen visa application. She is a Ukrainian citizen and I am British. We've both applied for Czech residency (mine has been approved and hers is pending). We've been told that they will send us the reason for the refusal by post on Monday but that it will be in French.

I'm aware that they're breaking the EU directives by refusing my wife's visa but are they also allowed to send a refusal letter in a language that neither of us speak?

Apart from contacting SOLVIT, do you have any advice on what we should do next?

Rather hacked off.

hi what category visa was applied for is it to accompany eu spouse? please provide more details

Yes, sorry. 90 day multi-entry visa to accompany an EU spouse.

We got the rejection letter today and it stated that 'No application of Directive 2004/38/EC seen that interested no proof that his British husband will accompany the trip to Belgium. therefore, the visa application will be treated in terms of the visa code.' despite the fact that I included a signed and dated letter stating our intention to drive together.

SOLVIT UK have been utterly useless. Their response: 'The visa was refused because insufficient evidence was presented to show that you would be travelling together. Whether the NL and CZ Embassies have accepted a letter of confirmation, Member States can require evidence of travel together. Page 92 of the Schengen Visa Code refers to documentary evidence, as non EU nationals are not allowed to enter a Member State unless accompanying or joining the EU national.'

They claim they require documentary evidence. How could someone drive, walk or cycle then? It's ludicrous.

for travel by car the documentary evidence are:

1. eurotunnel/ferry ticket
2. car registration
3. car insurance
(or copy of car rental in lieu of 2 and 3)
4. driving licence
5. letter from the driver confirming that the applicant/passengers would be travelling with them.

We're driving from mainland Europe so the Ferry/EuroTunnel tickets aren't going to do any good. I already provided them with a signed letter (which was good enough for the Czech and Dutch authorities).

What if we wanted to cycle or walk to the EU together? Proof that we own bicycles or a pair of shoes?

I forgot to thank you for the advice, it's much appreciated. Just hacked off at the inconsistency of it all.

I thought you'd be travelling to Belgium from UK.

1. is not required.
5. you have already provided.

though the letter was accepted previously but strictly speaking it's not sufficient on it's own. unless the declaration of the letter is corroborated by a driving licence and vehicle details one can't fully claim that they would be able to enter to the schengen area by car. however it's a shame the the visa has been rejected inspite of previous endorsements in the same category from other countries.