Schengen visa for Slovakia

tina79 · Post by **tina79** » Wed Oct 17, 2012 8:46 am

Hi all,

I know i post this before but now I need an asnwer as my embassy finaly came back to me.

The situation is the follow:

I lived 8 years in Uk,got married with a Turkish man while lived there in 2011. HE lived and lives in Turkey. WE applied in Ocotber for his EEA FP to come over to UK but visa got refused, based on not believing in our marrige. WE decided to try our life in turkey. I moved over in May 2012.

Now, last year my husband got his schengen visa without providing 100 documets. He got it for 7 month as Multi entry visa. This year his visa expired and we wanted to get a new one as we are going home for xmas.

My embassy said as Im now here with him we need to provide all docs (work contract, Insurance, banks statement, ect).

My question is...are they right? We are wanna travel home for xmas and now im getting fed up with back and forward emails and explaining to them my rights.

Now they asking when did i move over, how long I lived in UK.

My understanding is that one i have exersided my treaty right, my husband still has right to get his schengen visa without 100 doc according to the Direcive.

Please advise.

Thanks.

sum1 · Post by **sum1** » Wed Oct 17, 2012 9:32 am

They are certainly right to establish whether you have a claim to EEA rights or not although there should not be a fixed set of documents you must provide them with. The practical problem may be that the Slovakian authorities may be under the impression that they can put an "expiry date" on your claim.

Have you had a look at the Slovakian laws implementing the EEA regulations to see if they have bothered to implement the relevant cases and if so what they say?

Post by **Jambo** » Wed Oct 17, 2012 9:40 am

tina79 wrote: My understanding is that one i have exersided my treaty right, my husband still has right to get his schengen visa without 100 doc according to the Direcive.

We already been over this before - yes but you will need to provide evidence that you have exercised treaty rights in the UK.

But why you still insist on dealing with the Slovakian embassy. As you fly to Vienna, apply via the Austrian consulate. Only a marriage certificate is needed.

tina79 · Post by **tina79** » Wed Oct 17, 2012 9:43 am

I know Jambo, but my embassy just replied and they are making things difficult...

now why do you think for the Austrian embassy is only the marrige certificate enough?

tina79 · Post by **tina79** » Wed Oct 17, 2012 9:45 am

Sum1 thanks for the answer.

With my country and embassy is always problem and in fact they cannot ever answer the question correclty. I did try to search for the the Slovakian laws implementing the EEA regulations to see if they have bothered to implement the relevant cases but so far no luck.

sum1 · Post by **sum1** » Wed Oct 17, 2012 10:00 am

Here a link to the conformity study for Slovakia (Google document because I can't find it on the EU servers at the moment). They refer to an Act 48/2002 and mention that Singh was not implemented. But the study is from 2008. Maybe that's a starting point?

As far as the Austrian embassy is concerned I wouldn't hold my breath...

tina79 · Post by **tina79** » Wed Oct 17, 2012 10:53 am

thanks for this.

will see what they say

moroni · Post by **moroni** » Wed Oct 17, 2012 11:31 am

Singh was implemented in the Act 404/2011 of 21 October 2011.
But in the Article 2 it states that

Rodinným príslušníkom občana Únie je štátny príslušník tretej krajiny s právom pobytu rodinného príslušníka občana Únie v členskom štáte, kde občanom Únie je štátny občan Slovenskej republiky, s ktorým sa štátny príslušník tretej krajiny navráti na pobyt alebo sa k nemu pripája na pobyt späť na územie Slovenskej republiky a spĺňa niektorú z podmienok uvedených v písmenách a) až g) vo vzťahu k štátnemu občanovi Slovenskej republiky

A family member of the Union citizen is understood as the third country national who is third country national with the right of residence of the family member of the Union citizen in the member state in which the Slovak Republic national is the Union citizen with whom the third country national returns or joins him/her to reside back in the Slovak Republic territory and fulfils some of the conditions specified in par. (a) to (g) in relation to the Slovak Republic national;

As I can read, your husband doesn't have a residence permit in UK, so maybe he doesn't fall under this category.

tina79 · Post by **tina79** » Wed Oct 17, 2012 11:37 am

well i think im now way too confused...

my understanding is that my husband can have benefit of the Directive of the EU law if I will retunr to slovakia ( i lived in UK before) but not live in non EU country....where i live now with him Turkey....or am i wrong?

sum1 · Post by **sum1** » Wed Oct 17, 2012 11:53 am

moroni wrote:As I can read, your husband doesn't have a residence permit in UK, so maybe he doesn't fall under this category.

The appropriate document would be teh Residence Card. But actually having such a documents should not be a condition.

I do not really understand the quoted translation but I guess the Slovakian interpretation (maybe a common one among the member states) is that both EEA national and their non-EEA family members must have resided together in another member state prior to return?

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