Belgium VAC London still at it!

[kam_bhar]

Applied for a visa for my wife at the VAC today and what a nightmare
My Wife has an Indian passport with ILR in the UK and made the application on the basis of being a spouse of an EU citizen

After a 4 hour wait in a queue outside the VAC I was asked to present the following
Photos
Visa form
Bank Statement
Pay Slips
P60s
Hotel Bookings
Ferry Tickets
Car Insurance certificate
A copy of my passport
Mariage Certificate
they also asked me for my car's V5 document which i didnt have

I pointed out to them numerous times about directive 2004/38 and even showed them a copy with the bits about a 3rd country natonal they werent interested one bit, and refused to read it.

The right of entry of your third country family members is derived from their family ties with you, a Union citizen. All the Member State consular officials can ask for is their passport and a document establishing their family ties with you, such as marriage or birth certificate and proof of dependence, where applicable. Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate

I read out the above passge and they didnt care.
I lodged the application which was accpeted but was told that I would have to wait for feedback from the embassy regards the missing car registration documents. I thanked her for her help and left.

I should be traveling next friday (25th july) and im really worried that im going to have to cancel due to the missing car registration is there anything I can do ??

Kam

[vinny]

The questions marked with * do not have to be answered by family members of EU or EEA citizens (spouse, child or dependent ascendant). Family members of EU or EEA citizens have to present documents to prove this relationship.

However, see also Problem with Belgian Embassy and BELGIUM VISA APPLICATION CENTRE LONDON - HELL ON EARTH!!

[Directive/2004/38/EC]

Remember that VAC has no authority at all. They just accept the documents and send them on to the embassy. They could just as well ask you for your frood preferences, and it would make not difference.

If you have any problems, contact Solvit.

[kam_bhar]

Got my wifes passport back this morning with a visa
still a bit p****ed off about having to queue for four hours and pay VFS a £24 admin fee plus all the documents I had to supply.

I sent an email to my MEP a few days ago still waiting for a response, just wondering wether its worth lodging a complaint somewhere or just be thankful for the visa

[stmellon]

Got my wifes passport back this morning with a visa
still a bit p****ed off about having to queue for four hours and pay VFS a £24 admin fee plus all the documents I had to supply.

I sent an email to my MEP a few days ago still waiting for a response, just wondering wether its worth lodging a complaint somewhere or just be thankful for the visa

Please, please make a compaint! It's only through action that anything will be changed. If I had known about the Directive when I went through the exact same situation 1 year ago I would have raised an incredible fuss!

[kam_bhar]

Sent an email to my MEP regards the flouting of 2004/38

"Hello

I applied for a visa on the behalf of my wife last week at the Belgium Visa Application Centre in London last week.
The application was made on the basis of her being a spouse of an EU citizen.

The paragraph below comes from Directive 2004/38/EC on the right of Union citizens and the Members of their families to move and reside freely within the territory of the Member states.

"The right of entry of your third country family members is derived from their family ties with you, a Union citizen.
All the Member State consular officials can ask for is their passport and a document establishing their family ties with you, such as marriage or birth certificate and proof of dependence, where applicable.
Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate "

In addition to the documents required as stated above (passports & marriage certificate) I had to supply following
Last 3 months payslips
Last P60
Travel Tickets (Ferry booking)
Hotel Bookings
Car Insurance Documents
Bank Statements

Which is clearly in breech of the directive, I tried to point this out to the Visa staff (VFS a private company handles applications on behalf of the Belgian Embassy in London) but they were most
instant that the above documents are required. The Directive also states "Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure."
I was charged a £24 administration fee and had to queue for over four hours before I'd even made it into the application centre!

Is there any route that you can suggest I take or can you help to try to get the Belgian Embassy in London to comply with EU directives correctly?

(my wife was granted a visa) "

and the response I got was breathtaking

"Thank you for your recent email regarding your visa application.

Unfortunately, I have no jurisdiction over this matter. All visa applications are matters for each member state. You must contact your local MP to take this case further.

Best wishes,

Michael Cashman MEP "

MEP's have no jurisdiction over EU directives
I'm gob smacked or am I missing something here

[Christophe]

kam_bhar, I suspect your MEP was right. I'm not sure that your local MP is the best person either. Who is SOLVIT that people talk about on here? Would that be a relevant place to complain to? (There is nothing to stop you writing to you MP as well, of course, or even copying him or her into the letter.)

Others will know more than I...

Personally, I'd be inclined to pursue it further, because if no one complains one can be certain that nothing will change.[/url]

[mym]

MEP's have no jurisdiction over EU directives :shock:
I'm gob smacked or am I missing something here

They don't. You need to complain to the Belgian Embassy, then if no adequate response, to SOLVIT and also to the EU Commission.