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by mgb
Mon Jan 29, 2018 12:24 pm
Forum: Europe immigration forum
Topic: Spain Schengen Visa for Spouse of British Citizen
Replies: 23
Views: 9273

Re: Spain Schengen Visa for Spouse of British Citizen

Every day you touch is counting full as one day.
A family member of a eu citizen can get 90 days max anyway.
Simply take 5 or 10 days more than your journey is planed.
by mgb
Mon Jan 29, 2018 12:14 pm
Forum: Europe immigration forum
Topic: Working Rights for holder of EU Long Term Residence Permit
Replies: 35
Views: 3975

Re: UK/Non EU couple moving to Italy (from outside the EU)

Ask them how they interpret article 5 of the DECRETO LEGISLATIVO 6 febbraio 2007, n. 30 Additional visahandbook C(2010) 1620 part III SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY MEMBERS OF EU CITIZENS OR SWISS CITIZENS https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/pol...
by mgb
Fri Jan 26, 2018 11:24 pm
Forum: Europe immigration forum
Topic: Spain Schengen Visa for Spouse of British Citizen
Replies: 23
Views: 9273

Re: Spain Schengen Visa for Spouse of British Citizen

Right, if you tick tourism you give them the opportunity to handle your application as normal tourism visa with all preconditions from the schengen law.
by mgb
Fri Jan 26, 2018 11:22 pm
Forum: Europe immigration forum
Topic: Wife's schegen visa application time has been extended
Replies: 8
Views: 660

Re: Wife's schegen visa application time has been extended

If you didn't get a reason ask the embassy.
Due to the visa handbook they have to give you a reason.
by mgb
Fri Jan 26, 2018 11:20 pm
Forum: Europe immigration forum
Topic: Schengen visa for family member, when to apply
Replies: 1
Views: 383

Re: Schengen visa for family member, when to apply

The application date is underlying schengen rules. There is nothing in the directive which give a better position.
by mgb
Fri Jan 26, 2018 11:18 pm
Forum: Europe immigration forum
Topic: Can I or should I complain to Solvit?
Replies: 6
Views: 714

Re: Can I or should I complain to Solvit?

You could ask for a visa with 1 year or more validity. But this would be at the discretion of the embassy. Such a long visa is not defined in the directive.
by mgb
Thu Jan 25, 2018 11:47 pm
Forum: Europe immigration forum
Topic: Spain Schengen Visa for Spouse of British Citizen
Replies: 23
Views: 9273

Re: Spain Schengen Visa for Spouse of British Citizen

Tick other at field 21 and write family member EU.
How much days you need you have to decide by yourself. Max is 90 days in field 25.
Same for single entry or multi entry in field 24.
The fields marked with a asterix doesn't have to be filled out from a family member of a eu citizen.
by mgb
Thu Jan 25, 2018 11:39 pm
Forum: Europe immigration forum
Topic: absences in Long-term EU-resident permit
Replies: 3
Views: 639

Re: absences in Long-term EU-resident permit

Directive 2003/109/EC is not applicable in UK and Ireland. Therefore you didn't hear about longterm residence status based on eu law.
Eu directive 2004/38 is a different kettle of fish.
by mgb
Thu Jan 25, 2018 11:28 pm
Forum: Europe immigration forum
Topic: Can I or should I complain to Solvit?
Replies: 6
Views: 714

Re: Can I or should I complain to Solvit?

You will get what you apply for.
Field 29 and field 30 are for the validity period.
Multi entry in field 24 would be also a good idea.
by mgb
Thu Jan 25, 2018 12:09 am
Forum: Europe immigration forum
Topic: Traveling to Spain with my Syrian wife
Replies: 3
Views: 500

Re: Traveling to Spain with my Syrian wife

Article 5 of the directive 2004/38 give the right of entry without precondition where the journey has to start.
Article 134 of the schengen convention give community law priority.
The directive 2004/38 is community law and therefore overwrite schengen law.
by mgb
Thu Jan 25, 2018 12:01 am
Forum: Europe immigration forum
Topic: Can I or should I complain to Solvit?
Replies: 6
Views: 714

Re: Can I or should I complain to Solvit?

The question is for how much days applied the OP.
Field 25 of the schengen application form is for the days.
https://www.auswaertiges-amt.de/blob/20 ... l-data.pdf
by mgb
Tue Jan 23, 2018 10:28 pm
Forum: Europe immigration forum
Topic: ::Urgent::Query regarding Absesnce on Article 10 RC and deregistration
Replies: 3
Views: 388

Re: ::Urgent::Query regarding Absesnce on Article 10 RC and deregistration

a)
If you have power of attorney you can act in her names.
b)
As long as the RC is valid it can be used. Why should the dutch invalidate the RC? They would have to wait at least 6 month anyway.
by mgb
Tue Jan 23, 2018 9:56 pm
Forum: Europe immigration forum
Topic: Wife's schegen visa application time has been extended
Replies: 8
Views: 660

Re: Wife's schegen visa application time has been extended

You and I didn't see the email.
by mgb
Tue Jan 23, 2018 9:43 pm
Forum: Europe immigration forum
Topic: Wife's schegen visa application time has been extended
Replies: 8
Views: 660

Re: Wife's schegen visa application time has been extended

Sure it is.
Visa handbook C(2010) 1620 final part III

3.4 Processing time
.
.
Processing times for a visa application lodged by a third-country national who is a family member of an EU citizen covered by the Directive going beyond 15 days should be exceptional and duly justified.
by mgb
Tue Jan 23, 2018 9:34 pm
Forum: Europe immigration forum
Topic: ::Urgent::Query regarding Absesnce on Article 10 RC and deregistration
Replies: 3
Views: 388

Re: ::Urgent::Query regarding Absesnce on Article 10 RC and deregistration

If you don't give up your residence why should your family members deregister at the Municipality? If you give up your residence all residents from the family have to deregister. Continuity of residence is not broken for a absence up to 6 month for both eu citizen and family member. So where is the ...
by mgb
Tue Jan 23, 2018 9:15 pm
Forum: Europe immigration forum
Topic: Directive 2004/38/EC spouse of UK citizen visa problems
Replies: 18
Views: 2192

Re: Directive 2004/38/EC spouse of UK citizen visa problems

I guess you didn't make it clear at the schengen application form that your wife apply for a visa for a family member of eu citizen.
The normal way is to mark other at field 21 and write family member EU.
The germans have to apply there own Freizügigkeitsgesetz and not their Aufenthaltgesetz.
by mgb
Tue Jan 23, 2018 9:01 pm
Forum: Europe immigration forum
Topic: Wife's schegen visa application time has been extended
Replies: 8
Views: 660

Re: Wife's schegen visa application time has been extended

It looks like they need longer for a decision for whatever reason.
by mgb
Tue Jan 23, 2018 8:56 pm
Forum: Europe immigration forum
Topic: Cruise within the EU
Replies: 3
Views: 411

Re: Cruise within the EU

I think ID card and a copy is enough.
For the EU a ID card from a EU country has the same effect than a passport.
by mgb
Tue Jan 23, 2018 5:55 am
Forum: Europe immigration forum
Topic: Cruise within the EU
Replies: 3
Views: 411

Re: Cruise within the EU

At the schengen application form mark other at field 21 and write family member EU. At field 24 mark multiple entries. At field 25 write 90. At field 27 the planed entry date. At field 28 add 89 or 179 days to the entry date. Fields marked with a asterix doesn't have to be filled out. Documents: - y...
by mgb
Tue Jan 23, 2018 4:28 am
Forum: Europe immigration forum
Topic: Directive 2004/38/EC spouse of UK citizen visa problems
Replies: 18
Views: 2192

Re: Directive 2004/38/EC spouse of UK citizen visa problems

First the germans were wrong. They applied the rules for a tourist visa and not for a visa for a family member of a eu citizen. A family member need only a visa for crossing the border and not for staying. If your wife want to cross the external schengen border in Germany they are responsible for a ...
by mgb
Mon Jan 22, 2018 7:24 pm
Forum: Europe immigration forum
Topic: denied entry to Poland
Replies: 3
Views: 785

Re: denied entry to Poland

Legal basis is schengen borders code article 6 section 1b and article 2 section 16. I am inclined to think that the Schengen Borders Code would not apply to this situation. In that code, the term "Member-State" would not apply to an EU Member-state, but a Schengen Member state, which includes Switz...
by mgb
Mon Jan 22, 2018 1:26 am
Forum: Europe immigration forum
Topic: Documents for Schengen Visa Under Free Movement Directive
Replies: 3
Views: 511

Re: Documents for Schengen Visa Under Free Movement Directive

Parents can be a problem. You have to prove that they are dependent on you for a visa and the next problem is health insurance. If you find no other solution a so called privat health insurance is around 800 euro per person per month for elderly people in Germany.
by mgb
Sun Jan 21, 2018 5:15 pm
Forum: Europe immigration forum
Topic: Working Rights for holder of EU Long Term Residence Permit
Replies: 35
Views: 3975

Re: UK/Non EU couple moving to Italy (from outside the EU)

Marriage certificate and a declaration in writing that your wife will accompany you. The embassy can ask for a legalised marriage certificate and a translation if they don't understand the language of the document. Legal basis for a visa for a family member of a eu citizen in Italy is legislative de...
by mgb
Sat Jan 20, 2018 11:57 pm
Forum: Europe immigration forum
Topic: denied entry to Poland
Replies: 3
Views: 785

Re: denied entry to Poland

I think you need a polish lawyer for compensation of your financial losses. Legal basis is schengen borders code article 6 section 1b and article 2 section 16. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32016R0399 In your situation you fulfilled the other preconditions from article 6 a...
by mgb
Wed Jan 17, 2018 4:06 pm
Forum: Europe immigration forum
Topic: Documents proving rights as the non-EU spouse of EU citizen?
Replies: 6
Views: 704

Re: Documents proving rights as the non-EU spouse of EU citizen?

The family member need only a visa for crossing the border if accompany or join the eu citizen. The term is "entry visa" in article 5. The right for a unconditional stay up to 3 month is coming directly from article 6 of the directive. Return ticket or financial means wouldn't match the term "withou...
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