brother = family member?

[ca.funke]

Hi all,

my wife and me (both Belgian, living in Switzerland) are trying to obtain a short-term (visiting) Schengen-visa (Switzerland) for my wife´s brother (he´s Lebanese).

As already discussed >>here*<< I´m trying to find out the practical implications of the following:

[quote=""European Commission""]Your registered partner and extended family - siblings, cousins, aunts, uncles, and so on - can ask the authorities in an EU country to officially recognise them as family members of an EU national. If they obtain recognition, they won't need a visa to enter that country - they will receive the same treatment as your spouse, parents and children.

EU countries do not have to recognise registered partners and extended family as your family members but they do at least have to consider the request.[/quote]
I believe this to be nonsense, but maybe someone has useful information on how to succeed in being "recognised"?

*the text on the Commission´s website changed since the last time I quoted it, while the overall message remains just as confusing.

[Obie]

I am not quite sure if this is nonsense. "Other family Members" as opposed to core "Family members", do not have automatic rights of entry and residence.

The Host member state is however obliged to " Facilitate Entry and residence for them" " Undertake an extensive examination of their personal Circumstance" taking into consideration their relationship with the Union Citizen, their financial and emotional dependancy.

Entry and residence can only be refused on justified grounds. Most memberstate like Denmark, Netherlands etc treats these people like the core family members, however places like UK gives them tremendous hassle, to the point that UK courts have finallly referred question for preliminary ruling to the CJEU, on the nature of their rights, after nearly 5 years of misapplication of Article 3(2) by UK authorities. The are treated in almost similar way as core family member in Ireland.

In Ireland, they are referred to as Permitted family members, whiles UK refer to them as Extended family members

[ca.funke]

Hi Obie,

thanks for these encouraging words

Can you tell me where you found the "facilitation" that has to be granted for such "Other family Members"?

I´m trying to find out for two reasons:

1. My wife´s brother is single, and as such visas are sometimes refused.
2. It would be nice to avoid the fees applicable for his visa.

Thanks -again- for your great involvement in this forum!

Regards, Christian

[Obie]

Hi Christian,

Please see this link. Other family members who are beneficiaries

Also see Article 3(2) of the Citizens Directive, and Article 10(e) and 10(f) which gives an idea of what type of documentation will be required for residency to be issued to these categories of people.

[ca.funke]

Hi Obie,

I´m impressed - and shocked that I didn´t even see this so far.

We just need a visiting visa, no residence permit. The concerned person really wants to "just" visit but normally stay in Lebanon (lovely place after all!).

So Article 10 (residence) is out the window, but 3(2) seems applicable.

Just a question for my understanding:

Article 3
Beneficiaries

1. (...)
2. (...)the host Member State shall, in accordance with its national
legislation, facilitate entry and residence for the following
persons:
(a) any other family members, irrespective of their nationality,
(...)who, in the country from which they have come, are (...)
members of the household of the Union citizen having
the primary right of residence(...);
(b) (...)
The host Member State shall undertake an extensive examina-
tion of the personal circumstances and shall justify any denial
of entry or residence to these people.

Before my wife and me got married, she lived in one household with her brother. By now she left 4 years ago, moved from Lebanon to Ireland, then to Belgium (where she got naturalised and is now Belgian), and then moved on to Switzerland.

After all this, does her brother still fall into the "household" regulation as cited above?

If so, what does "facilitate entry" encompass?

(I´m hoping for "passport" + "proof of having lived in the same household" qualifies for a free visa without possibility of rejection?)

Thanks again Obie, for pointing me to this new eye-opener!!

[Directive/2004/38/EC]

"Other beneficiaries " is a somewhat murky area.

I have heard a positive story from Ireland, which I included on that page (the guy from Singapore). Considering how much hassle Ireland gives to direct family members, I was surprised they did not have a problem with that situation.

I have tried to apply for a German visa for somebody in my household on the basis of this. They just sent back the application and told me to include the fee etc... I did not have time to fight them so just left it...

I think there are fewer guarantees here. This is an area which is even less clear cut than for direct family members, and even direct family members have problems.

I´m hoping for "passport" + "proof of having lived in the same household" qualifies for a free visa without possibility of rejection?

This makes me smile! Zero possibility can only be found on the left ear of a unicorn!

[ca.funke]

Hi all,

same procedure, new question:

The visit is planned for June 11th through June 18th. This is less than 3 months from now.

So he tried to ring the Embassy in Beirut to get a visa appointment. Answer: Far too early now, ring again around April 15th (=2 months before) to get an appointment.

However, this is most unpractical: He´d like to book his flight (which keeps getting more expensive) and also make alternative arrangements should the visa not be granted.

So - does anyone know from what time before the trip it´s allowed to lodge the application?

Thanks for any possible feedback!
Rgds, Christian

[Directive/2004/38/EC]

Christian, Which embassy is he trying to apply at?

[ca.funke]

Hi Directive,

oops - I forgot to mention: It´s the Swiss embassy in Beirut (Lebanon).

Unfortunately, since we live in Switzerland, 2004/38/EC doesn´t apply, as such I guess I can´t even dream to try the "family member" approach which

makes me smile!

, so nothing to smile for us, we´ll just pay.

After all what we want is just him, visiting...

[Directive/2004/38/EC]

You COULD, if you wanted, plan to meet him in Munich. So he gets a German Schengen visa. And then you drive him back to switzerland with you.

But as you say, it may be easier to pay the fee.