Schengen Visa for EEA family

[bluecole2]

Hi guys,

I am looking to get Shengen visa, but the ealiest appointment from the Austrian embassy is 18 days from now and that will leave me with 7 days to wait for the visa as i'm going abroad.

My question are:

1- as a non eea- Nigerian (of eea national) can I get an ealier apppointment (say within a week) if so what can I make reference to when contacting the embassy to request an appointment.

2- How many day does it take to be issued a visa to an eea family? My wife was told 2 weeks because i hold a Nigerian passport.

Can anyone please help with infos and references.

Thanks guys, look forward to your replies.

[ca.funke]

Hi bluecole2,

how do you know that they have appointments (only) in 18 days? Phone, their website...?

This is clearly illegal, appointments have to be available for EVERYONE within 2 weeks (=14 days), and for EEA-family members the 2 weeks have to be "accelerated", so if 18 days is correct, it´s simply illegal:

http://www.immigrationboards.com/viewtopic.php?t=78365

Please sent a complaint to the EU about this: sg-plaintes@ec.europa.eu

Regards,
Christian

[bluecole2]

Hi bluecole2,

how do you know that they have appointments (only) in 18 days? Phone, their website...?

This is clearly illegal, appointments have to be available for EVERYONE within 2 weeks (=14 days), and for EEA-family members the 2 weeks have to be "accelerated", so if 18 days is correct, it´s simply illegal:

http://www.immigrationboards.com/viewtopic.php?t=78365

Please sent a complaint to the EU about this: sg-plaintes@ec.europa.eu

Regards,
Christian

Thanks for your reply ca.funke

Yes it's from the website

In simple term, what do you mean by

appointments have to be available for EVERYONE within 2 weeks (=14 days), and for EEA-family members the 2 weeks have to be "accelerated

Does this mean I have to get an earlier appointment than the usual 2 weeks limit and the visa also have to be issued earlier than the 15 days limit?

1 or 2 other things i'll like to clarify are;
Can I travel to Paris with my French spouse without a visa based on directive 2004/38/EC and do you thing I have a chance as i'll be flying with easyjet.

Also is it possible to travel to manchester or edinburgh as it seem they offer quicker appointment there?

What is the possibility of applying for schengen visa on holiday abroad?

The reason I don't have enough time for schengen visa is my passport is currently being held at an embassy for visa.

Please!!! help!!!

[ca.funke]

Yes it's from the website

I´m searching for the appointment system on their website, but cannot find it?!

In simple term, what do you mean by

appointments have to be available for EVERYONE within 2 weeks (=14 days), and for EEA-family members the 2 weeks have to be "accelerated

Does this mean I have to get an earlier appointment than the usual 2 weeks limit and the visa also have to be issued earlier than the 15 days limit?

It means that everyone must get an appointment within 2 weeks (the law sais so, but many Schengen-embassies don´t know this and ignore it), and since you´re a family member of an EEA citizen you have to get this appointment even faster than that.

1 or 2 other things i'll like to clarify are;
Can I travel to Paris with my French spouse without a visa based on directive 2004/38/EC and do you thing I have a chance as i'll be flying with easyjet.

You may travel to all EU/EEA countries without a visa. If you really manage depends on your preparation, whether you know the law well, and if you can argue your way through based on this knowledge.

Also is it possible to travel to manchester or edinburgh as it seem they offer quicker appointment there?

You may travel to the UK, it´s the same law, but the UK ignores this law as well... (>>see here<<)

What is the possibility of applying for schengen visa on holiday abroad?

You may only apply in your home country (the country you hold a passport of) or in the country where you´re usually resident.

The reason I don't have enough time for schengen visa is my passport is currently being held at an embassy for visa.

Please!!! help!!!

That´s a usual problem. Some countries allow you to have more than 1 valid passport concurrently, so you can apply for more visas at the same time. Interestingly those who would need this most usually deny it.

Rgds, Christian

[bluecole2]

Thanks for your detailed reply,

please check website below for appointment booking system

http//www.bmeia.gv.at/en/embassy/london/pract ... rmits.html

bluecole2 wrote:
Also is it possible to travel to manchester or edinburgh as it seem they offer quicker appointment there?

You may travel to the UK, it´s the same law, but the UK ignores this law as well... (>>see here<<)

I reckon you mis-understood the above, I live in London so i'm thinking what are the possibilities to travel north to manchester or edinburgh to apply for visa there as is seem it's easier to get an appointment on time. Do you think that is allowed or would it be best to put this question to the embassy in London?[/list]

[EUsmileWEallsmile]

..I live in London so i'm thinking what are the possibilities to travel north to manchester or edinburgh to apply for visa there..

The consulates usually expect you to apply in the region in which you live. They should have special rules for spouses of EU citizens. Keep at them to let you get an appointment. Your spouse's freedom of movement is being impaired if they fail to comply.

[ca.funke]

http://www.bmeia.gv.at/en/embassy/londo ... rmits.html

Today (July 03rd) they offer the earliest appointment on 23/July/2012, which is illegal.

I sent the following email to the German Embassy in Shanghai, and subsequently they -indirectly- offered me an earlier appointment without going through their appointment system.

If copied 1:1, the email below can only be used for Germany because I refer to the German court in which I propose to sue the embassy. Obviously for Austria you would have to find out which court would be responsible, or just replace it with the general idea that you will sue them.

Sehr geehrte Damen und Herren,

ich benötige in absehbarer Zeit einen Termin zur Visabeantragung bei der deutschen Botschaft in Shanghai.

In Ihrem Online-System finde ich innerhalb der gesetzlichen Frist von 2 Wochen (siehe folgendes Zitat) niemals freie Termine.

Zitat "Verordnung (EG) Nr. 810/2009 des Europäischen Parlaments und des Rates vom 13. Juli 2009 über einen Visakodex der Gemeinschaft (Visakodex)"
http://eur-lex.europa.eu/LexUriServ/Lex ... 058:DE:PDF
KAPITEL II
Antrag
Artikel 9
Modalitäten für das Einreichen eines Antrags
(1) (...)
(2) Von den Antragstellern kann verlangt werden, dass sie
einen Termin für die Einreichung des Antrags vereinbaren.
Der Termin findet in der Regel innerhalb von zwei Wochen
nach seiner Beantragung statt.

Bitte beantworten Sie folgende Fragen:

Wie komme ich an einen Termin innerhalb der gesetzlichen Frist von 2 Wochen?
Sollte ein Termin innerhalb von 2 Wochen nicht erhältlich sein, teilen Sie mir bitte mit

• wann sie zuletzt ("in der Regel") Termine innerhalb der gesetzlichen Frist von 2 Wochen vergeben haben,
• welcher besondere Umstand dazu führt dass dies aktuell ausnahmsweise (entgegen "der Regel") nicht möglich ist, UND
• ab wann Sie planen wieder Termine ("in der Regel") innerhalb der gesetzlichen Frist zu vergeben.

Hinweis:

• In Ermangelung eines fristgerechten Termines oder einer genauen Begründung der Besonderheit einer potentiellen aktuellen Situation (welche ich nicht erkennen kann) werde ich eine Klage beim Verwaltungsgericht Berlin, Kirchstraße 7, 10557 Berlin einreichen, um einen fristgerechten Termin zu erzwingen.

Dank und Gruss,
Christian Funke

[bluecole2]

Thanks guys for your inputs,

I will do as you both has as advised.

And I suppose any embassy can only be sued in it's countries.

Just got to wait for my passport from the other embassy. I'll update you guys.

[bluecole2]

Surprise!!

Had a look at the website again then found there's an earlier appointment.

Perhaps someone had there Appoinrment cancelled or postponed or may be they add new appoinrment daily. I'll have a look tomorrow.

Anyway can you guys please advice on this-
For example; Can I use a multi entry schengen visa to travel to Spain for a couple of day, return to London and the following months go to Austria for a week.
Or
Can I only use it for Spain and Austria in one journey before returning to London.

Hope I made this clear enough.

Thanks guys

[bluecole2]

One more thing I failed to ask in previous post is-

I've just got 14- 15 days (appointment date:from 10/07) before I travel which should be enough to get a schengen visa. But in order to avoid missing my flight can I (as a non eaa family)ask that the process is accelerated? If so, must I put it in writing and submit together with my application?

[bluecole2]

Hi guys,

Can you please tell me if not knowing places you intend to visit in Vienna is enough to refuse an non eea family visa.

I flopped on my trip to the Austrian embassy. I suppose I was grilled more than the previous applicants, anyway I guess that's irrelevant. I was ask why and where I intend to visit? I answered Vienna for tourism purpose but told them my wife plan my trip which she truely always does. E.G. We're going Asia and I can't say 2 or 3 places in the countries we're visiting. She answered this isn't good, put a note on the app. She also asked why I was refuse visa to france.

At the start of our conversation, on the part of the number of days staying, it was 11 but said I should put 1 year as I may get upto a year visa. I understand not having details of places I intend to visit wouldn't help me aquire a year visa but will I at least get the visa for the duration I need? If not will that impede my spouse's free movement right?

General positive view: the embassy staffs (at least the one that attended to me)seem knowledgeable about the directive 2004/38/EC and it applies to their citizen exercising treaty right in another member state. In order words: non eea fam merber of Austrian citizen can travel to Austria accompany by Austrian national without a visa. Which isn't the case for French national. I must say that flight reservation wasn't requested.

Anyway guys please!!! Advice on the above. Your opinion will be very much appreciated.

Thanks

[ca.funke]

The answers to your previous 2 questions are all in here:
http://www.immigrationboards.com/viewtopic.php?t=102396

...Can you please tell me if not knowing places you intend to visit in Vienna is enough to refuse an non eea family visa...

No, this is no reason to refuse the visa for an EEA family member.

They are not even allowed to ask this question

Technically you don´t need a visa for any of your travels, which is outlined in >>here<<.

Unfortunately you are not treated by the law, if you don´t know it, cite it, and insist.

From what you tell us, it seems you didn´t do your homework before you went to the embassy

[bluecole2]

Thanks ca.funke

I had read but threads several time before today. However, I don't think it helps in my situation as I do not intend travelling to Austria with my spouse.

I did some homework but certainly not enough as I got cut out in regards to 'where you plan to visit in Vienna'. 

The point she made was I'm going to Austria alone (which i am) and don't know where I'm going.

I'm travelling alone and do not know where I want to visit does this means the visa may not be issued? In the event the visa isn't issued does this anyway take away my right to travel freely as a spouse of and eea national and subsequently her's(eea spouse) due to the fact that visa wasn't issued which therefore prevents me from moving freely?

[ca.funke]

Hi bluecole2,

unfortunately the Schengen-system is very crude.

As an EEA-family-member you can, but do not have to, apply for a visa.

If you do apply for a visa for travelling together with your EEA-partner, the issued visa will look exactly the same as any other visa, as they don´t have a special kind of visa for this case.

Hence I suggest to apply for the visa, telling them that you will travel together... Any with this visa you can do whatever you like.

So should the Austrians really refuse the visa, just go to another Embassy and apply together with your spouse.

Maybe one of the very small embassies, where there are never many people? Estonia, Latvia, Lithuania, Slovakia, Slovenia...

They can´t refuse your visa , "just" because the Austrians refused - because this time you will travel together

Rgds,
Christian

[bluecole2]

Thanks ca.funke

I recieved an email from the austrian embassy not long after my application I was quite confused, thought they refused the visa and wanted to go and collect my passport. Anyway amonst other stuff in the email the following are perhaps the most relevant;

(You applied for a visa at the Austrian Embassy London 9.7.2012 . On the part of the Austrian Embassy you do not need to provide additional documentation.
An examination has shown that your application cannot be approved based on the following regulations of the Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) and the Regulation of the Austrian Aliens´ Police Act (BGBL. I 2005/100 i.d.g.F. – FPG 2005):

(The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable)

(BEFORE a final decision about your application for a visa will be reached, you may provide a final statement either personally or in written form sent by mail, fax or email, including appropriate documentation within 7 (seven) calendar days of receipt of this letter.)

I have provided a statement and hopfully it's good enough to convince them to issue the visa required.

a thing i'm begining to worry about is- I must have my passport on the 24/7 the latest as i'm travelling the following day.

How is the 15 days counted? Is the day of submission counted?
Is my passport available for collection on the 15th day?
How can I make a request to have my passport back?

Thanks in advance[/b]

[bluecole2]

hi guys,

a brief update regarding my application.

Schengen visa application was refused

Reason given: the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable.

I am disappointed. Really I as do not have enough time to re-apply before the date i intend to travel. More so 2 schengen refusal stamp in my passport already.

[EUsmileWEallsmile]

You state that you are the family member of an EU national living in Manchester.

What UK documentation do you hold?

If you hold a residence card you don't need a visa.

[Jambo]

He stated before that he will be travelling alone so a visa is required.

[EUsmileWEallsmile]

He stated before that he will be travelling alone so a visa is required.

So now we have potentially an absurd situation. The OP can travel with his wife (if he indeed possesses an article 10 card), but is considered to be untrustworthy if he travels alone! How very daft indeed.

[Plum70]

Incredible...

How can the OP be penalised for being uncertain of his itinerary in Vienna? Preplanning every detail of one's trip is not mandatory nor evidence of its authenticity.

I think that if you have sufficient time, an appeal is in order. Only other option i can see is your wife accompanying you but this shouldn't even be a last resort.

Btw, I am also in a similar situation: I'm Nigerian and my husband is Swiss, traveling to solo DE and up till now have travelled on a 3-year MULT Schengen visa.

The Germans know i'm travelling alone and have advised that Nigerian nationals' applications will take a minimum of 14 working days, probably because we all are definitely up to no good. I do not envisage a refusal but who knows...

[bluecole2]

Thanks all for your contributions.

Currently in Vienna waiting to connect my flight to Asia with my wife.
We did went through border police to experience for the first time if indeed we can travel together without visa (with the exception of France last year when i travelled with visa)

I am please to say we were allowed through without question. Officer just took a short look at my visa pages and rc, made very brief enquiry with colleague and return my passport without placing stamp in it.

I can only hope this will be the case when I try to go to France again but without a visa this time. The main problem now is, how I can convince easyjet to let me fly without visa? I hope with your continued support and advices I will be able to do that.

[EUsmileWEallsmile]

and rc, made very brief enquiry with colleague and return my passport without placing stamp in it.

Good, I'm not sure why you bothered with the visa.

[EUsmileWEallsmile]

I can only hope this will be the case when I try to go to France again but without a visa this time. The main problem now is, how I can convince easyjet to let me fly without visa? I hope with your continued support and advices I will be able to do that.

You have a RC. Read this thread where others have posted their experiences and have given others encouragement.

http://www.immigrationboards.com/viewto ... &start=160

[bluecole2]

and rc, made very brief enquiry with colleague and return my passport without placing stamp in it.

Good, I'm not sure why you bothered with the visa.

Thanks EUsmileWEallsmile,
The visa was for a trip to France with my French national spouse (the french doesn't seem to recognise eea regs apply to its own citizen) and and trip to Austria alone sometimes in October. They said I have to apply for visa on there web and TLScontact.

[bluecole2]

Please check the link below to follow-up. I bet you want to know the out come.

http://www.immigrationboards.com/viewtopic.php?t=111841