Looking at the EC directives.They are too explicit to be maladministered.On a point of law,the Directives do not require you to have a particular type of Visa(C or D) to apply for a Residence permit as a qualified Family member of an EC citizen.
In the case European Commission v Spain (2005)
Held - ''The application would be allowed. By failing to transpose correctly into its national law Council Directives (EEC) 68/360, 73/148 and 90/365, and in particular, by requiring third-country nationals who were members of the family of a Community national who had exercised his right to freedom of movement to obtain a residence visa for the issue of a residence permit and by failing, in breach of the provisions of Council Directive (EEC) 64/221, to issue a residence permit as soon as possible and in any event not later than six months from the date on which the application for that permit was submitted, the respondent had failed to fulfil its obligations under those directives.''
My candid opinion is for member states to employ qualified personnels as decision makers to reduce these level of JOKES on the Directives.
To answer your question,if things are done rightly.You won't have any problem provided your partner/wife is exercising the treaty rights.
Last edited by brownbonno
on Mon Mar 26, 2007 4:25 pm, edited 1 time in total.