Directive 2004/38/EC , Article 3

Israr98 · Post by **Israr98** » Fri Dec 28, 2018 5:31 pm

Hi all,

Hope you are having a great festive period. My question is regarding implementation of Directive 2004/38/EC.

I'm a UK national and Mrs non-eu national. She is here on spouse visa and have a valid BRP. We are planning to go to Poland for a short break in the beginning of March.

Applied recently for the the schengen visa for Poland by post ( took the appointment online and sent the application with all the relevant documents. passport with BRP of Mrs, my UK passport, return tickets, accomodation proof etc.)
Received email asking for HER bank statements, proof of job, travel insurance.

Here is the content of the Email,

Please be informed that Visa Department of Polish Embassy in London received your application for Schengen Visa. Unfortunately your application is not completed. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 (article 3) applies only to Union citizens who move to or reside in a Member State other that of which they are a national and to their family members.
Please send us rest of the required documents (proof of employment, bank statement, proof of accommodation, travel insurance) to allow us processing of your application. Please note that without required documents we can not process is any further at this point which may effect in extended processing time.

I'm surprised because we been to schengen countries before and not even a single embassy asked us for that many documents.

Is't normal to ask from the spous of EEA National that many documents?

Caravel88 · Post by **Caravel88** » Fri Dec 28, 2018 7:48 pm

It's not normal and what they are doing is not in line with the directive.

Your trip to Poland means you are exercising your right of free movement therefore your spouse should be able to do same thing as you, travel freely.

Israr98 wrote: ↑
Fri Dec 28, 2018 5:31 pm
Hi all,

Hope you are having a great festive period. My question is regarding implementation of Directive 2004/38/EC.

I'm a UK national and Mrs non-eu national. She is here on spouse visa and have a valid BRP. We are planning to go to Poland for a short break in the beginning of March.

Applied recently for the the schengen visa for Poland by post ( took the appointment online and sent the application with all the relevant documents. passport with BRP of Mrs, my UK passport, return tickets, accomodation proof etc.)
Received email asking for HER bank statements, proof of job, travel insurance.

Here is the content of the Email,

Please be informed that Visa Department of Polish Embassy in London received your application for Schengen Visa. Unfortunately your application is not completed. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 (article 3) applies only to Union citizens who move to or reside in a Member State other that of which they are a national and to their family members.
Please send us rest of the required documents (proof of employment, bank statement, proof of accommodation, travel insurance) to allow us processing of your application. Please note that without required documents we can not process is any further at this point which may effect in extended processing time.

I'm surprised because we been to schengen countries before and not even a single embassy asked us for that many documents.

Is't normal to ask from the spous of EEA National that many documents?

Israr98 · Post by **Israr98** » Mon Dec 31, 2018 3:31 pm

I email to the visa section twice but despite they still want us to submit all the documents.
I'm very upset as it's clearly breaching of the directive.

Caravel88 · Post by **Caravel88** » Tue Jan 01, 2019 8:30 am

You can contact solvit, just drive to the border, get the visa from elsewhere. I'm sorry to hear it ;(

Israr98 wrote: ↑
Mon Dec 31, 2018 3:31 pm
I email to the visa section twice but despite they still want us to submit all the documents.
I'm very upset as it's clearly breaching of the directive.

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Directive 2004/38/EC , Article 3

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