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uk spouse visa holder asked for visa fees

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harmony
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uk spouse visa holder asked for visa fees

Post by harmony » Tue Sep 25, 2007 12:25 pm

hello all. it is my first time on this board and im not happy with malta embassy asking me to pay for a visa although i quote 2004/38/ec to them thsy still asked me to pay.

i told them ive been issued visas by eu countries before now and did not pay for it and i could also get on the plane without one to malta according to the directive. the staff staff said then malta will deport me to my home country namibia

someone please tell me im wrong
:x :x :x :x :x :x

mym
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Re: uk spouse visa holder asked for visa fees

Post by mym » Tue Sep 25, 2007 12:33 pm

--
Mark Y-M
London

Dawie
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Post by Dawie » Tue Sep 25, 2007 5:25 pm

Malta is not yet part of the Schengen agreement and therefore you will not benefit from the free issue of a visa as the spouse of an EU citizen.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Docterror
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Post by Docterror » Tue Sep 25, 2007 5:28 pm

Dawie wrote:Malta is not yet part of the Schengen agreement and therefore you will not benefit from the free issue of a visa as the spouse of an EU citizen.
Since when does an EU/EEA country have to be a part of Schengen agreement to avail the right of free movement?
Jabi

Dawie
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Post by Dawie » Tue Sep 25, 2007 5:33 pm

Docterror wrote:
Dawie wrote:Malta is not yet part of the Schengen agreement and therefore you will not benefit from the free issue of a visa as the spouse of an EU citizen.
Since when does an EU/EEA country have to be a part of Schengen agreement to avail the right of free movement?
We're not talking about free movement, we're talking about free visas.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Docterror
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Post by Docterror » Tue Sep 25, 2007 10:48 pm

Dawie wrote:
Docterror wrote:
Dawie wrote:Malta is not yet part of the Schengen agreement and therefore you will not benefit from the free issue of a visa as the spouse of an EU citizen.
Since when does an EU/EEA country have to be a part of Schengen agreement to avail the right of free movement?
We're not talking about free movement, we're talking about free visas.
OK then, I will rephrase! Since when does an EU/EEA country have to be a part of Schengen agreement to avail the right of free visas?

The free visas are based on the right of free movement.
Jabi

flyboy
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Post by flyboy » Tue Sep 25, 2007 10:54 pm

As a spouse of an EU/EEA citizen, the visa should be issued free of charge , whether the member state is part of the schengen agreement or not. Czech, Hungary, UK, etc. non schengen member states do not charge visa fees for family members of EU/EEA/CH citizens.

From the directive 2004/38 the following:

Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas
shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

flyboy
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Switzerland

Post by flyboy » Tue Sep 25, 2007 11:01 pm

Harmony, on a side note, if you are in possession of a valid multiple-entry Schengen visa or valid multiple-entry visa for Bulgaria, Cyprus, Czech Rep, Hungary, Estonia, Latvia, Lithuania, Poland, Romania, Slovak Rep. or Slovenia, you can enter Malta without having to obtain a maltese visa.

Directive/2004/38/EC
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Re: uk spouse visa holder asked for visa fees

Post by Directive/2004/38/EC » Wed Sep 26, 2007 6:58 am

harmony wrote:hello all. it is my first time on this board and im not happy with malta embassy asking me to pay for a visa although i quote 2004/38/ec to them thsy still asked me to pay.

i told them ive been issued visas by eu countries before now and did not pay for it and i could also get on the plane without one to malta according to the directive. the staff staff said then malta will deport me to my home country namibia
You have left out some important information.

Are you the family member of an EU citizen? Will you be travelling with them? Which country are they from? Where are you applying for the visa from the malta embassy?

Docterror
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Post by Docterror » Wed Sep 26, 2007 8:49 am

Are you the family member of an EU citizen?
Yes.
Which country are they from?
UK.
Jabi

harmony
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Re: uk spouse visa holder asked for visa fees

Post by harmony » Wed Sep 26, 2007 8:50 am

Directive/2004/38/EC wrote:
harmony wrote:hello all. it is my first time on this board and im not happy with malta embassy asking me to pay for a visa although i quote 2004/38/ec to them thsy still asked me to pay.

i told them ive been issued visas by eu countries before now and did not pay for it and i could also get on the plane without one to malta according to the directive. the staff staff said then malta will deport me to my home country namibia
You have left out some important information.

Are you the family member of an EU citizen? Will you be travelling with them? Which country are they from? Where are you applying for the visa from the malta embassy?
my wife is british
we are going together
applying from the maltese embassy in london

Richard66
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Post by Richard66 » Thu Sep 27, 2007 10:23 am

You're getting nothing more than the treatment the British consular authorities reserve to famly members of other EEA countries. I don't say I agree to this, as I'm suffering myself the consequences of the British authorities' pigheadedness, but it seems that all other EEA consular authorities react this way when they encounter family members of British citizens.

harmony
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Post by harmony » Thu Sep 27, 2007 11:07 am

to make the matter even worse the bulgarian embassy are asking me to pay for a visit visa too even if my wife is travelling with me. :o :o :o :o :o :o :o :o :o :o :o

another question?????
ive just arrived from france using a shengen visa it was not stamped at CDG aipport and was not stamped on my way out i experienced the same when i also went via eurostar from kent to Gare du Nord station. is this a normal practice
:? :? :? :? :? :? :? :? :? :? :?
Last edited by harmony on Thu Sep 27, 2007 1:14 pm, edited 1 time in total.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Sep 27, 2007 1:06 pm

Harmony, You should contact Solvit. They can help with both Malta and Bulgaria. http://europa.eu/solvit/

harmony
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Post by harmony » Thu Sep 27, 2007 1:19 pm

Solvit said it could take ages before the issue is resolved and this means i would have to cancel my appointment in both countries as i am a surgeon who is supposed to be perfoming surgeries in hospitals in these two countries. But you know what? this EU of a thing is harmonized at all God save us all. ill just have to pay for the sake of my patients.

God bless you all

Wanderer
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Ireland

Post by Wanderer » Thu Sep 27, 2007 1:52 pm

harmony wrote:Solvit said it could take ages before the issue is resolved and this means i would have to cancel my appointment in both countries as i am a surgeon who is supposed to be perfoming surgeries in hospitals in these two countries. But you know what? this EU of a thing is harmonized at all God save us all. ill just have to pay for the sake of my patients.

God bless you all
Should you not be working under a Work Permit in these countries then? Just playing Devil's Advocate here, interested to know the answer...

AFAIK Schengen is either a tourist visa or business visa, I'm interested in where the line is drawn between a Schengen Business Visa and a Work Permit per se.

The way I understood it is Tourist visa for holidays, visiting relatives etc, business visa for meetings etc, Work Permit for actual productive labour...
An chéad stad eile Stáisiún Uí Chonghaile....

harmony
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Post by harmony » Thu Sep 27, 2007 2:15 pm

Wanderer wrote:
harmony wrote:Solvit said it could take ages before the issue is resolved and this means i would have to cancel my appointment in both countries as i am a surgeon who is supposed to be perfoming surgeries in hospitals in these two countries. But you know what? this EU of a thing is harmonized at all God save us all. ill just have to pay for the sake of my patients.

God bless you all
Should you not be working under a Work Permit in these countries then? Just playing , interested to know the answer...

AFAIK Schengen is either a tourist visa or business visa, I'm interested in where the line is drawn between a Schengen Business Visa and a Work Permit per se.

The way I understood it is Tourist visa for holidays, visiting relatives etc, business visa for meetings etc, Work Permit for actual productive labour...
Wanderer we are both surgeons and carry out surgeries for free if the state will not pay for it and the are done only in the countries we are holidaying at and i do not believe immigration thought should come before saving a life "Mr Devil's Advocate" :D :D :D

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Thu Sep 27, 2007 2:17 pm

harmony wrote:
Wanderer wrote:
harmony wrote:Solvit said it could take ages before the issue is resolved and this means i would have to cancel my appointment in both countries as i am a surgeon who is supposed to be perfoming surgeries in hospitals in these two countries. But you know what? this EU of a thing is harmonized at all God save us all. ill just have to pay for the sake of my patients.

God bless you all
Should you not be working under a Work Permit in these countries then? Just playing , interested to know the answer...

AFAIK Schengen is either a tourist visa or business visa, I'm interested in where the line is drawn between a Schengen Business Visa and a Work Permit per se.

The way I understood it is Tourist visa for holidays, visiting relatives etc, business visa for meetings etc, Work Permit for actual productive labour...
Wanderer we are both surgeons and carry out surgeries for free if the state will not pay for it and the are done only in the countries we are holidaying at and i do not believe immigration thought should come before saving a life "Mr Devil's Advocate" :D :D :D
Neither do I! I was just wondering where the line is drawn in general like I said.
An chéad stad eile Stáisiún Uí Chonghaile....

Dawie
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Post by Dawie » Thu Sep 27, 2007 2:23 pm

In most countries even free or voluntary work requires a special visa or work permit and is not covered under the terms of a business visa.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

harmony
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Post by harmony » Thu Sep 27, 2007 2:29 pm

Dawie wrote:In most countries even free or voluntary work requires a special visa or work permit and is not covered under the terms of a business visa.
:( :(
I was not aware of this guys guess ill quickly have to apply for a proper visa then thanks for ur advice.

mym
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Post by mym » Thu Sep 27, 2007 2:32 pm

harmony wrote: Wanderer we are both surgeons and carry out surgeries for free if the state will not pay for it and the are done only in the countries we are holidaying at and i do not believe immigration thought should come before saving a life "Mr Devil's Advocate" :D :D :D
You are insured though, yes?
--
Mark Y-M
London

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Sep 27, 2007 3:24 pm

The non EU citizen needs a visa to enter the member state. That is just to carefully identify them as related to you. You should be able to put down the purpose as “holidayâ€

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