2004/38/EC Cases: complaints of breach by member states

I have been an unregistered 'viewer' of this forum until now and I came across a thread, where a British Citizen with a Nigerian spouse (?) attempted to apply under this directive for an entry schengan visa, but had issues where the application was rejected. I know this isn't the only case of this happening, but I read somewhere on this forum that someone wants to gather as many people as possible, whose rights afforded by this directive have been breached. I am one such case myself - I am a UK citizen and my husband in Pakistan was shouted at, and had our marriage certificates and passports thrown back in his face, when he applied to the French embassy for his schengan visa. This is not an isolated case. The French completely disregarded the directive, under which hubby (sorry, i hate using the word hubby, but its easier to type on idiot-phone, but i guess typing this beats the purpose) applied for and they asked him to come back with bank statements, travel itinerary, accomodation details etc, even tho they KNEW he was applying under the directive!

1. 'SOLVIT' seem powerless and plain useless. I have reported my case to them - am not prepared to wait minimum 10 weeks and I have threatened complaints against them to Euro Ombudsman, they don't seem to care.

2. I have written to all London MEP's - only one replied informing me of a voluntary organization in London that can advise on this issue - who I already knew about anyway

3. After waiting weeks for this charity to get back to me, they *finally* got the ball rolling for me - they are going to write to the French authorities on my behalf

We are meant to be traveling mid July (this month) to France, me from London and hubby from Pak. This really toasts the pickle. Im miffed off to say the least.

If these dimwats dont get their act together soon, im gonna fight toot and nail for mine and hubby's rights.

Is this group wanting to do a group petition of somesort still around? I would love to give it my 2cents.

Thanks

hi sorry to hear that can you let us know
a few things please
1 you were there too when he applied the visa
2.did you apply as, to accompany eu spouse .
3.
4. did he has to go for biometrics and after that he was refused or before .
5.did you

accodring to schengen visa forms it clearly says that none of the things


which you mention not needed
like bank statement . employment details . return ticket . hotel booking
you should tell them why the visa form says fields marked with asterik are not req to fill and above mentioned things are them req.
i am in pakistan i am british national too and my husband is pakistani too.
i had schengen visa forms on the forms these things should not be provided but we never applied for visa.
please keep updating on the forum for otheres and if there is any thing we can do it let us know
and if you dont mind can you give that charity details on forum as well you getting help from
and did

Hi - thanks for your reply. To answer your questions:

No, i wasn't with my husband in Pakistan when he applied for his visa. I dont have to be with him and I am not about to pay £800 roundtrip air ticket to Pakistan, especially to be with him for his visa application.

I don't have to accompany him on his journey from Pakistan. He will join me in France. He is a big boy, doesnt need me to hold his hand, whilst he sit on a plane and legally, i do not have to be with him.

Yes, i KNOW that the info, as said by the 'asterisk' is not needed, they obviously do not care what their own visa form says. My husband didnt do any biometrics, they just showed him the door! The organization am using is called Aire centre, but its a local-London only based organization.

hi
what documents your husband submitted with your application for the visa

usual req are
marriage certificate . marriage should be registerd with foriegn office
and attested copy of marriage certificate.

2. passpor of eu national and non eu spouse passport

3 . french embassy islamabad needs photo copies of all pages of passport.

4.health insurance.

and where your marriage is registered is it registerd in pakistan or in uk.
did he submitted your passport and his passport .
did he applied through fedex or ring the french embassy and got appointment usualy you spouse of eu national has to ring and get the appoint ment and during that they tell what documents should be submitted with application.
thanks

I submitted all the documents as required by a spouse of an EU citizen, according to the EU directive including Insurance with a level of £5million

[
- I am a UK citizen and my husband in Pakistan was shouted at, and had our marriage certificates and passports thrown back in his face, when he applied to the French embassy for his schengan visa. This is not an isolated case. The French completely disregarded the directive, under which hubby (sorry, i hate using the word hubby, but its easier to type on

I don't have to accompany him on his journey from Pakistan. He will join me in France. He is a big boy, doesnt need me to hold his hand, whilst he sit on a plane and legally, i do not have to be with him.





so means that your husband submitted your and his passort as you saying our marriage certificate and passports thrown back in his face
but please explain how he can submit your and his passport to french embassy as you are not physicaly present in pakistan you ARE IN UK.

and your husband can not have your passport while you are in uk.

2 SECOND did embassy staff stamp his passport. refusal stamp

or he has been told to submitt application again with bank statement /hotel booking .

when i ring the embassy few months back they ask only marriage certificates and passports health insurance .
and i was told we both have to come together but we never applied .

i have done some good search and i got in touch with few embassies from pakistan some eu countries will issue visa to accompany spouse

or the spouse should be in the country where visa is applied for like in your case france they might need your accomodation and other stuff .
but keep chasing them if they have put a refusel stamp on your hubby's passport .

another i forgot to tell i i sent severel emails regarding eu family member visa to different embassies in pakistan

one email which probably was fron czech republic said

either we have to accompany the visit with my non eu spouse .
or i have to be in in repulic if i am in the republic proof needed.

otherwise despite spouse of eu national normal visit visa proces will apply .
means bank statemant, accomodation ,and all other stuff.

thats why i asked about documents submitted etc.

and another problem some eu countries from pakistan like czech repub dont accept pakistani nikkah nama they only accpet marrige certificate from eu nationals country like in spouse of uk national should have british marriage certificate.
any ways wish you good luck let us know the result for benefit of others as from third countries its hard to get these laws exercised .
but by pushing them it will make easier for others who apply in the future

SRAQAI it was me who suggested everyone get together on this! I have replied to you on your other thread. If you want to contact me, my email address is skelehutton@hotmail.com. Same goes for anyone else in the same situation, not just with France but any EU country. Please get in touch, enough is enough! The EU are not interested so something has to be done about this.

Skele - thank you! I be in touch

Sierra - As I mentioned before, I do not need to be physically present in Pakistan and neither does my husband need to have my original passport - he had a certified copy, which is all they need. I do not need to accompany him on his journey to Paris. Hope this helps.

Hi Sraqai,

Sorry to read about your travails with the French consulate. I had posted a while back with respect to my wife who is Nigerian and had lodged an application with the Czech authorities and been turned down flatly on the basis of being a ''security risk''. Despite lodging an appeal which in theory should have been dealt with in 60 days, here we are 4 months later and not so much as a by-your-leave from the Czech authorities, all inquiries are met with a stonewall. If there's anything that can be done as a collective then i'm up for it.

Any updates on either of these visa requests?