please help refused wife letter did not make sence

my wife applayed for malta visa i attached the refusal letter any reconsideration template letter will be much help (iam uk citizen my wife algerian ) .
please some one reply do we have to prove she is going back ?????? i though freemovement we dont have to prove we are going back ???
just to add we have submited return tickets 8 days .

Is this for a holiday visa or what?

CR001 wrote:Is this for a holiday visa or what?

accompanying eu citizen i even put a covering letter quoting eu directive.

For a holiday or to move and live there (visitor visa or EEA Family Permit)??

CR001 wrote:For a holiday or to move and live there (visitor visa or EEA Family Permit)??

to move and leave there.

why dont there play by the rules ???????????
after emailing embassy the reply just received contoduct the orginal refusal letter see this :
MY EMAIL TO EMBASSY :
Dear XXXXX,
To my disspointment
My wife XXXXX, an algerian national, was today refused a Schengen Visa by your embassy. The reasons given no intention to leave malta -
As i know and i know the reason irrelevant under the EU directive 2004/38/EC. We supplied my UK passport, my wife's Passport and return ticket we travilling together and our legalised marriage certificate with the application as required i even included our british child passport with covering letter quoting the EU directive 2004/38/EC.

My belief is that the visa was denied in breach of EU directive 2004/38/EC.

We have made plans to travel on 8 march (the visa application was lodged last week as per your appointment arrangment). I would therefore request you to please reconsider my wife's request for a visa and issue it as you are required by law, as a matter of urgency.

Please note that I have also sought preliminary legal advice from eu advise citizen from the London branch of the EU's Solvit channel who have advised me that "I am aware that malta is under an obligation to issue visas to citizens whose main destination is malta". I have copied all sumbited file and refusal letter so that I might continue to pursue a formal complaint if this becomes necessary.

To assist you in dealing with our case, I am providing our names and passport details and attached the refusal letter.

EMBASSY REPLY :
Mr. XXXXXX,



The visa applicant has a right to apply for a visa but no automatic right to be given a visa. This is up to the Schengen State involved. In your case please note that the applicant Ms. XXXXXX had two previous visa refusals from your own country, the United Kingdom.



Additional comments are superfluous.



Regards,


DO I STILL HAVE CHANCE VIA APPEAL OR SOLVIT ?

Get Solvit involved, you are correct, the embassy is not. You may also wish to inform EU Home Affairs (EU council).

There is no need for return (they cannot even ask returnin booking reservations!), and refusal of other embassies are not a factor either as each application needs to be decided over on it's own merits.

Officially there is NO absolute need for a lot of paperwork (including reasons for return). One simply needs to proof that:
- the couple is genuinly and legally married (the marriage does not need to be known or registeristed in the country of the other partner, it simply has to be a legit marriage, not one of convience, not be a sham marriage etc. To verify that the couple is indeed married embassies may ask for legalisations, translations and it could help if the marriage is also registered in both countries (read: in the EU) but it should not be something to refuse the application over. Sadly a few embassies are being a bunch of **** and do demand this: the Spanish and French tend to be rather difficult.
- both partners ID themselves so that the authorities can verify that the people before them match those on the maritial papers and are indeed who they say they are (one EU national, one non-EU national).
- traveling together or joining eachother in an other EU/EEA country then the country of which the EU national is a citizen of. this could be something as simple as a written statement by the EU national.
-- thus there is no need for proof of accomodation, proof of transport, proof of sufficient financial means, travel insurance , no fees, no services fees etc. \


An EU/EEA type of application could only be refused if you commited fraud (you are not actually married for instance), or there is a threat to national security (hope your spouse is not on an international wanted list ).

Useful links (you probably already have some of these):
- http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm
-- http://ec.europa.eu/dgs/home-affairs/wh ... ted_en.pdf (see section III on EU/EEA applications all spelled out for embassy staff)
- http://europa.eu/youreurope/citizens/tr ... dex_en.htm
- http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF
(change the EN in the url for other languages such as FR for French.

can appeal and solvit go parallel???

The maltese embassy were completely wrong to deny visa - please escalate to higher authories - both within embassy and maltese foreign office.
The person who replied that visa applicant has not automatic right to visa - inform them that - "family members, irrespective of their nationality, have the right to accompany or join (EU national) in an EU country other than that of their nationality. This is a derived right pursuant to Directive 2004/38/EC"

They can only refuse entry for reasons of "public policy, public security or public health" - which is usually rare and done on exceptional basis.

can appeal and solvit go parallel???

Appeal, complaining with the embassy, foreign affairs, Solvitm EU Commission (Home Affairs) etc. can all be done at the same time.

thank you for your reply i emailed solvit and send letter appeal to malta by register mail , there embassy reply has got to me and does wind you up .
i will keep update if i hear any thing thank you for all help and comments.

i emailed on 8 march eu commission if that make sence as did not know who to turn to at first got this reply just now :
==========
On behalf of Mr Dimitris Avramopoulos, Commissioner for Migration, Home affairs and Citizenship, I would like to thank you for your mail from 8th March 2015 concerning Maltese authorities and rights to the free movement.

For your information your message has been transmitted to the office of Commissioner Jourová as the topic is a part of the portfolio of DG Justice. The competent services will reply to your request as soon as possible.

On behalf of Cabinet Avramopoulos

Best regards
=======================================
hopefuly somebody will help us .

quick update solvit has sorted the visa out last friday took over 3 months but at last we got it but as we are using it for ss route the visa is onl valid for less than a month 24 june to 16 jul i would though will be 3 months but is not not sure if i will have enough time in 20 days to get the papers work for the maltese card in 20 das bit confused ????? an help here please

Hi Bach48,

Hopefully you are still around. I am in a similar situation as you were. I am wondering what exactly happened during your appeals process. Was it solvit that helped you in the end or did you email someone else too? We haven't had any word from the Appeals Board and Solvit say it can take up to 10 weeks. Would appreciate any further info you could provide.