A brit wants travel with her Russian Mom+Bro to EU !

[giardaella]

Moderator Edit (ca.funke): I deleted my username from the title.

Hi giardaella,

I dare change your original title "A brit wants travel with her Russian Mom+Bro to EU ca.funke!" to "A brit wants travel with her Russian Mom+Bro to EU !", as I can´t seem to gather what my username should have to do with the title?!

I don´t know the rules around "extended family" very well...

Rgds, Christian

Original post follows:

Hiya,

Can anyone tell me if the free movement directive could apply to the following scenario.

A dual national daughter (Brit+Rus) lives in the SAME household with her mom and little brother (both Rus) in Moscow, Russia. They want to travel to France for holidays and should apply for a Schengen visa at the French embassy soon.

Will the mom+bro qualify as EXTENDED family members living in the same household and thus should be issued visas free of charge and on the basis of an accelerated procedure? (art.3(2)(a) Directive 2004/38).

It'd be helpful if anyone has had similar experience and thus could save the family some money and provide longer visas for free!

Any advice much appreciated.

[sum1]

The mother is a direct family member if she is dependent on the EEA national. The brother is a beneficiary (extended family member) if he is either dependent on or lives in the same household with the EEA national. The treatment of benficiaries depend on national legislation. I have no idea how the French handle that esp. in Moscow...

[giardaella]

thanks guys, accept my apology, ca.funke, for using your username I have seen several of your posts and thought you might have come across extended fam members in the past and wanted to attract your attention.

A thing to note is that the French do have the bit about dependent family members in the ascending line on their TLS UK website offering free service and asking to provide the minimum of info. But on the Russian website it only mentions that SPOUSES of EU citizens may come to the consulate in Moscow without an appointment for the same-day issuance of a visa.

Found this now, dated 5 September 2012 judgement relating to the dependency issue, referral by an Upper Tribunal in case C-83/11

http://curia.europa.eu/juris/liste.jsf? ... um=C-83/11

sum1 I know this is a grayish area so no hopes held but while we can squeeze the mom as a dependent (as the TLS website requires only a sworn statement to the effect)

https://www.tlscontact.com/gb2fr/docs.php or more specifically here
https://www.tlscontact.com/gb2fr/docs.php?view=form

just fill out the form with any details of a non-eu country and it will give the list of required docs

don't know what to do with the kid yet, hope someone can advise!

THX AGAIN!!!!!

[giardaella]

and also, is the collection of BIOMETRIC info legal in relation to the Family Members? both direct and extended?

thx

[ca.funke]

and also, is the collection of BIOMETRIC info legal in relation to the Family Members? both direct and extended?

thx

I dimly remember this:
www.immigrationboards.com/viewtopic.php?p=602586#602586

Not sure what the final conclusion is. I think for visas it´s legal to take biometric info, for residence cards it´s not. And the latter is widely ignored, or I´m understanding it incorrectly.

Would love to know what´s REALLY true!

Rgds,
Christian

[giardaella]

incidentally, have JUST found and read your thread by googling the query and finding it yep, seems there are many other problems going unresolved for someone to pay much attention to this matter, after all, when applying IN PERSON, you are there already and taking a pic + fingerprints could be interpreted as done in the interest of public as adding an extra security layer.

Apart from Plum70, other non-EEAs tavelling ALONE (i.e. not falling under the freedom of movement directive) must apply for a visa anyway and if travelling together, no visa needed so it's understandable.

Thanks anyway, will contact the French consulate in Moscow tomorrow regarding fees exemption for the mummy and ask about the kid etc.

Will update once have the news.