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Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6418
Location: does not matter if you are with your EEA family member
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 Posted: Thu Sep 27, 2012 10:33 pm Post subject: |
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Directive 2004/38/EC in English: | Quote: | Article 5
2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas
shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. |
Directive 2004/38/EC in Spanish
| Quote: | Artículo 5
2. Los miembros de la familia que no tengan la nacionalidad de un Estado miembro sólo estarán
sometidos a la obligación de visado de entrada de conformidad con el Reglamento (CE)
nº 539/2001, o, en su caso, con la legislación nacional. A los efectos de la presente Directiva, la
posesión de la tarjeta de residencia válida contemplada en el artículo 10 eximirá a dichos miembros
de la familia de la obligación de obtener un visado.
Los Estados miembros concederán a dichas personas todas las facilidades para obtener los visados
que precisen. Estos visados se expedirán gratuitamente lo antes posible, mediante un procedimiento
acelerado. |
See also the transposition into Spanish domestic law: http://eumovement.wordpress.com/eu-countries/info-spain/
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
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pinkpanter
Member of Standing
Joined: 26 Nov 2010
Posts: 191
Location: London
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| Posted: Fri Sep 28, 2012 1:06 pm Post subject: |
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| sum1 wrote: | | What documents did they ask for? |
They asked for Marriage certificate, passports (both), Bank statement for proof of address and visa stating family member of EEA. Although, she was argueing with me that your visa (PR) doesn't say that you are a family member of an EEA and thats really irritated me and I replied "but, this (marriage certificate and old RC) do say that I am a family member of an eea. She was saying all the time that I have to follow the list which she has provided. Then I asked her manager named Margarita and she accept my PR as family member but did insist to pay service fee and advice that it will take at least 4 weeks to process visa. nonsence.
Anyway, I m more concern about my passport receive on time (hope with visa) |
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pinkpanter
Member of Standing
Joined: 26 Nov 2010
Posts: 191
Location: London
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| Posted: Fri Sep 28, 2012 1:12 pm Post subject: |
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| Directive/2004/38/EC wrote: | Directive 2004/38/EC in English: | Quote: | Article 5
2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas
shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. |
Directive 2004/38/EC in Spanish
| Quote: | Artículo 5
2. Los miembros de la familia que no tengan la nacionalidad de un Estado miembro sólo estarán
sometidos a la obligación de visado de entrada de conformidad con el Reglamento (CE)
nº 539/2001, o, en su caso, con la legislación nacional. A los efectos de la presente Directiva, la
posesión de la tarjeta de residencia válida contemplada en el artículo 10 eximirá a dichos miembros
de la familia de la obligación de obtener un visado.
Los Estados miembros concederán a dichas personas todas las facilidades para obtener los visados
que precisen. Estos visados se expedirán gratuitamente lo antes posible, mediante un procedimiento
acelerado. |
See also the transposition into Spanish domestic law: http://eumovement.wordpress.com/eu-countries/info-spain/ |
Thanks Directive/2004/38/EC!
I do understand that I dont need visa if I am visiting with my EEA spouse to any EEA state. However, I dont want to make my journey uncomfortable and urguing with airlines and IO regarding my valid visa etc. |
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sum1
- thin ice -
Joined: 16 Aug 2012
Posts: 208
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| Posted: Fri Sep 28, 2012 1:54 pm Post subject: |
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| pinkpanter wrote: | | sum1 wrote: | | What documents did they ask for? |
They asked for Marriage certificate, passports (both), Bank statement for proof of address and visa stating family member of EEA. Although, she was argueing with me that your visa (PR) doesn't say that you are a family member of an EEA and thats really irritated me and I replied "but, this (marriage certificate and old RC) do say that I am a family member of an eea. She was saying all the time that I have to follow the list which she has provided. Then I asked her manager named Margarita and she accept my PR as family member but did insist to pay service fee and advice that it will take at least 4 weeks to process visa. nonsence.
Anyway, I m more concern about my passport receive on time (hope with visa) |
Thanks for the list. It is really silly to ask for a RC when you have to hand in the marriage certificate anyway... I wonder why they ask for a proof of address but maybe they just want to issue visa to residents (which, I think, should not apply to family members). According to Article 23(1) in the Visa Code the visa must be issued within 15 calendar days. |
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pinkpanter
Member of Standing
Joined: 26 Nov 2010
Posts: 191
Location: London
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| Posted: Wed Oct 03, 2012 8:54 am Post subject: |
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| sum1 wrote: | | pinkpanter wrote: | | sum1 wrote: | | What documents did they ask for? |
They asked for Marriage certificate, passports (both), Bank statement for proof of address and visa stating family member of EEA. Although, she was argueing with me that your visa (PR) doesn't say that you are a family member of an EEA and thats really irritated me and I replied "but, this (marriage certificate and old RC) do say that I am a family member of an eea. She was saying all the time that I have to follow the list which she has provided. Then I asked her manager named Margarita and she accept my PR as family member but did insist to pay service fee and advice that it will take at least 4 weeks to process visa. nonsence.
Anyway, I m more concern about my passport receive on time (hope with visa) |
Thanks for the list. It is really silly to ask for a RC when you have to hand in the marriage certificate anyway... I wonder why they ask for a proof of address but maybe they just want to issue visa to residents (which, I think, should not apply to family members). According to Article 23(1) in the Visa Code the visa must be issued within 15 calendar days. |
Thats what I am thinking. My visa shoud be issued within 15 days without regard what nationality you have got. |
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pinkpanter
Member of Standing
Joined: 26 Nov 2010
Posts: 191
Location: London
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| Posted: Wed Oct 03, 2012 3:04 pm Post subject: |
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| Quote: | They asked for Marriage certificate, passports (both), Bank statement for proof of address and visa stating family member of EEA. Although, she was argueing with me that your visa (PR) doesn't say that you are a family member of an EEA and thats really irritated me and I replied "but, this (marriage certificate and old RC) do say that I am a family member of an eea. She was saying all the time that I have to follow the list which she has provided. Then I asked her manager named Margarita and she accept my PR as family member but did insist to pay service fee and advice that it will take at least 4 weeks to process visa. nonsence.
Anyway, I m more concern about my passport receive on time (hope with visa) |
Now, I received a msg that they require more documents. I called them and they told me that I need to provide tickets that shows that we both are trevelling together. Its really annoying now and I don't know what to do. |
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pinkpanter
Member of Standing
Joined: 26 Nov 2010
Posts: 191
Location: London
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| Posted: Wed Oct 03, 2012 8:42 pm Post subject: |
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| pinkpanter wrote: | | Quote: | They asked for Marriage certificate, passports (both), Bank statement for proof of address and visa stating family member of EEA. Although, she was argueing with me that your visa (PR) doesn't say that you are a family member of an EEA and thats really irritated me and I replied "but, this (marriage certificate and old RC) do say that I am a family member of an eea. She was saying all the time that I have to follow the list which she has provided. Then I asked her manager named Margarita and she accept my PR as family member but did insist to pay service fee and advice that it will take at least 4 weeks to process visa. nonsence.
Anyway, I m more concern about my passport receive on time (hope with visa) |
Now, I received a msg that they require more documents. I called them and they told me that I need to provide tickets that shows that we both are trevelling together. Its really annoying now and I don't know what to do. |
I just sent an email to Spanish consulate advising that there is no any legal requirement to provide airline ticket and explain with reference my EEA rights etc. I also told them that if they would like to regect my visa application then I need clearly in writing on what ground they would have rejected so that I could take necessary action. If my application is rejected, would they stamp REJECT on my passport as well?? |
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Directive/2004/38/EC
Guru
Joined: 25 Oct 2006
Posts: 6418
Location: does not matter if you are with your EEA family member
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| Posted: Wed Oct 03, 2012 10:30 pm Post subject: |
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| pinkpanter wrote: | | Now, I received a msg that they require more documents. I called them and they told me that I need to provide tickets that shows that we both are trevelling together. Its really annoying now and I don't know what to do. |
Send them a letter from your EU spouse saying you will be travelling together and plan to make travel arrangements after the visa has been issued.
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
|
pinkpanter
Member of Standing
Joined: 26 Nov 2010
Posts: 191
Location: London
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| Posted: Thu Oct 04, 2012 1:16 pm Post subject: |
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| Directive/2004/38/EC wrote: | | pinkpanter wrote: | | Now, I received a msg that they require more documents. I called them and they told me that I need to provide tickets that shows that we both are trevelling together. Its really annoying now and I don't know what to do. |
Send them a letter from your EU spouse saying you will be travelling together and plan to make travel arrangements after the visa has been issued. |
I am going tomorrow with a letter from my spouse. If they would reject my visa on this ground then, I will complaint to Eurompean Commission. Really ruined my holidays. |
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