Are we counted as EU family members?

[zackaie]

Me and my wife - citizens of Russia, but our son has Irish passport (was born in Republic of Ireland). We all together live in Ireland. We have Irish residence cards stamp 4 from 2005.
Can we apply for a schengen visa as EU family members?

Thank you!

[Rozen]

Me and my wife - citizens of Russia, but our son has Irish passport (was born in Republic of Ireland). We all together live in Ireland. We have Irish residence cards stamp 4 from 2005.
Can we apply for a schengen visa as EU family members?

Thank you!

Yes.

[zackaie]

But when we applyed for a schhengen visa in Spanish embassy in Dublin they said we should have 4EUFam residence cards to be EU family members. They asked to submit the documents which EU family members dont have to submit, such as :
Bank statements
Letters from employer and college
Tickets
Hotel booking
And should be free of charge.
We gave all the papers and we paid the fees of 60 euros each.
They gave us a date to collect a visa (if we will get ones!!!) on 10 August 2009 , the day which we actually have to fly to Spain!!!!

[Rozen]

But when we applyed for a schhengen visa in Spanish embassy in Dublin they said we should have 4EUFam residence cards to be EU family members. They asked to submit the documents which EU family members dont have to submit, such as :
Bank statements
Letters from employer and college
Tickets
Hotel booking
And should be free of charge.
We gave all the papers and we paid the fees of 60 euros each.
They gave us a date to collect a visa (if we will get ones!!!) on 10 August 2009 , the day which we actually have to fly to Spain!!!!

SPANISH Embassy! Why am I not surprised??

[zackaie]

So... what should i do? can i complaint to someone or somewhere?

[zackaie]

What i have got from Signpost service:


SIGNPOST SERVICE - Please Do Not Reply To This Email - Answer to the enquiry 64657 posted on 02/08/2009â€

[Ben]

Chen conditions apply.

Your Irish citizen child has the right to enter Spain providing he in possession of a valid Irish passport.

The child's parents, as family members described in Article 3(2) of Directive 2004/38/EC and in accordance with the Chen ruling, have the right to have their entry in to Spain facilitated by the Spanish authorities.

Seemingly, Citizen's Signpost believe that only family members described in Article 2 of the Directive are exempt from visa fees, and family members described in Article 3 may have to pay. I'd like to know from where they draw this conclusion.

Also, Citizen's Signpost say: "The Spanish Embassy is not necessarily breaching EU law by not recognizing you as family members." I think the Directive and Chen provide absolute confirmation of the contrary.

[Obie]

I suppose with the Chen ruling, this question of whether the child is in the positions of knowing whether or not they want to go and exercise a treaty rights abroad or go on holiday, or whether it is the parents making that decision and wanting to use the citizenship of the child to further their ambition.

I suspect if the child was in the member state, the question of proportionality will arise. Will it be fair to remove an EEA child from a member state, where for example he or she is attending school or is living self-sufficiently without the parents having to resort to state fund.

I think the question of Abuse will be in the air in out-country cases. Not that i think they are right in doing so.

I think the Chen rule will apply more in in-country cases than trying to apply it from outside. I might be wrong, but that is my take.