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Schengen tourist visa for non-EU ILR parents of a UK child

Immigration to European countries, don't post UK or Ireland related topics!

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manish218
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Posts: 1
Joined: Fri May 22, 2015 2:24 pm

Schengen tourist visa for non-EU ILR parents of a UK child

Post by manish218 » Fri May 22, 2015 3:07 pm

In this post I wanted to share my experience of using "Right to free movement" EU directive

I and my wife are non-EU Indians, hold ILR, are in well paid jobs and have a dependent child who has U.K citizen ship. We have travelled to France, Ireland, Sweden, Switzerland, Italy on Schengen visitor/tourist visas many times in last 10 years and have always been given 3months to 1 year visa. However since becoming parent of a British citizen things slightly changed because of a E.U. directive: http://ec.europa.eu/justice/policies/ci ... nt_low.pdf

When applying for Schengen from Greece VFS (2014) we were told that because we are parents of an E.U child we could apply for a visa without needing to pay the application fees or prove our income. All we need is travel bookings and proof of relation to the child. However this year (2015) we were denied this facility by the Spain VFS saying that they follow this directive. Despite paying full fees, providing income proofs and with a history of long visas being granted by other EU states we were just given 8 days visa valid only for our one trip. No consideration given to our ILR status or to annual travel insurance policy for all. So no scope to move our trip even by a few days if one of us fell sick or whatever.

To conclude I would like to tell two important things here:

1. For non-EU parent of EU children: Travel to Greece or whichever country offers free visa and you can find out from the respective VFS office beforehand by phoning them. Its so much less paper work arrive with the Child, his/her birth certificate and passport and travel bookings..

2. Avoid Spain like hell for Schengen tourist visa application. They are notorious for issuing very short visas probably because they want to mint money from ill-informed non-EU travellers who think Spain is the best destination or they dont like anything not from Europe (specially Asians).


Finally a message to Spainish visa guys if they ever read this post. Treating my family this was surely means something is seriously wrong with your understanding of the applicants and this will show up in next few decades as Spain is left further behind everybody else in E.U and the world (as if it is not behind already). It did not leave a good first impression of Spain. Keep minting money as long as you can.

Finally a question: Can we not challenge Spainish consulate in U.K for not implementing the EU policy ?

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Re: Schengen tourist visa for non-EU ILR parents of a UK chi

Post by acme4242 » Sat May 23, 2015 10:22 am

As an addition, I would like to add
COMMISSION DECISION of 19.3.2010
Establishing the Handbook for the processing of visa applications and the modification of issued visas.

This is a rule book that visa officers should follow.
So for validity of visa, please see

http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf
9.1.1.1. Period of validity
The period of validity should correspond to the information provided by the applicant. In all
cases an additional "period of grace" of 15 days should be included in the period of validity to
allow for a certain room for manoeuvre for the visa holder.

And for Family members of EU citizens read from page 86
PART III: SPECIFIC RULES RELATINGTO APPLICANTSWHO ARE FAMILY
MEMBERS OF EU CITIZENS OR SWISS CITIZENS


It is common and sad that many staff make it up as they go along without ever reading the rules.

As a family member of EU citizen you are entited to complain to Solvit, just to get it on the system, even my personl opinion of solvit is somewhat negative.

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