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james781978 wrote:updatig
today i have recived email from spanish emmbassy in ankara
Dear Madam,
According to Spanish law you need to submit a document issued by the Brittish Authorities stating that they recognize the marriage. This document can be issued by the local Embassy or Consulate.
Unless we receive this document your application will not be recognized as spouse of EU citizen and therefore you will be charged visa fees.
Iam also British citizen,One of the Eu embassy said the same thing when I applied for schengen visa under eu free movement law for my wife.james781978 wrote:updating
email from EU Advice
Dear Madam,
I understand that your spouse is an EU national. Thus, as you point out in your enquiry, in your condition of spouse of an EU national you are entitled to obtain an entry visa for Spain free of charge, according to the EU and Spanish law (Article 5 of Directive 2004/38/EC and Article 4(2) of Spanish Royal Decree 240/2007)
In this respect, you just need to prove your marriage with your spouse, so it is not required that you prove having hotel bookings either (or any other conditions), which is also unnecessary, disproportionate and contrary to the abovementioned EU and Spanish law.
In the light of the above, if the Spanish consular authorities have issued you a visa as a family member of your spouse (as it seems to be the case according to the documents that you have presented for the visa obtaining) it should be free of charge, so any payment that they may have ask you to do is contrary to the abovementioned Spanish and EU law. As a consequence, you may request the help of SOLVIT, our sister organization. SOLVIT is an online problem solving network in which EU countries work together to solve (without legal proceedings) problems caused by breaches of EU law by public authorities. The services provided by SOLVIT are free of charge. The target deadline for finding a solution to the problem is 10 weeks (once all the necessary documents have been received and the case has been accepted by the SOLVIT center of the country where the problem has occurred. Please use the following web form to explain your case (in the language of your choice): http://ec.europa.eu/eu-rights/enquiry-c ... solvit-web. On the "Submit a complaint" screen, please choose the second option "Help to get my EU rights recognised ". Please do not choose the first option as you would simply be submitting a new enquiry to us. To know more about SOLVIT, please visit the SOLVIT website: http://ec.europa.eu/solvit/site/index_en.htm
I hope you find this information useful.
Best regards,
Your Europe – Advice
To submit another enquiry, please visit Your Europe Advice, but do not reply to this