Non-EU Spouse (Holding UK Dependent Visa) facing issues in processing entry visa

[tammu786]

Dear Members,

I am caught in a very tricky situation. So looking forward to your advises.

I have British citizenship. My wife is an Indian with UK dependent Visa. On BRP card it says, Residence Permit.Residence Permit doesn't say anything like Family member of Union Citizen. Instead say SPOUSE/PARTNER LEAVE TO ENTER, WORK PERMITTED. NO PUBLIC FUNDS. It was obtained when I had ILR.

I relocated to Germany for work. Thought I would settle myself first (renting an apartment etc) & then call family(Wife + Daughter (British) ). So when I moved to Germany I sent family back to India.

When I was in a position to call them, I applied for short term (90 days) Schengen entry visa. But German embassy in India denied processing it for my wife saying she is a UK resident & advised to get it processed from UK.

Since we completely moved out of the UK, I don't expect they will consider application even in UK considering we don't have basic proof like an address proof.

So went to German Immigration dept. there they said on UK recidence card, she would be able to travel to Germany but as soon as she is in Germany, we need to see them again to apply for german visa/card.

Has anyone gone through similar kind of situation or has any knowledge whether its possible in reality?

[Caravel88]

Your spouse did not need to show UK RC to Germans.
Either way she can say that she left the UK and now is living in India.

Apply for EU SPOUSE visa for Germany.

[tammu786]

Thank you Caravel88 for your reply.

By EU Spouse visa you mean visa under EU Free Movement rt? Because somehow local bodies in India were suggesting us to submit National Visa as from application they understood it is for stay > 90 days.

Just want to be sure.

I am in process of making 2nd Application under EU Free Movement for my wife.

Procedure is
1. Get 90 days Initial Entry visa from German Embassy in India.
2. Travel to Germany, apply German Residence Card.

Hope this is correct. Please correct me if I am wrong anywhere.

Thank you.

[Caravel88]

Contact the Germany embassy and ask for an appointment directly for your spouse.
Tell them you are an EU citizen exercising right of free movement and you'd like your wife to join you. It will be an EU Directive 2004/38 free-movement for family members application. It is not a national visa. Also ask them for the documents you will need to present, which is very few.

Thank you Caravel88 for your reply.

By EU Spouse visa you mean visa under EU Free Movement rt? Because somehow local bodies in India were suggesting us to submit National Visa as from application they understood it is for stay > 90 days.

Just want to be sure.

I am in process of making 2nd Application under EU Free Movement for my wife.

Procedure is
1. Get 90 days Initial Entry visa from German Embassy in India.
2. Travel to Germany, apply German Residence Card.

Hope this is correct. Please correct me if I am wrong anywhere.

Thank you.

[tammu786]

Thank you so much Caravel88 for confirming. Have been to VFS-Mumbai, they refused to accept application & suggested to call German consulate nos for taking appointment. It's quite frustrating. We had tried it in past, after picking up call they speak for hardly 5 mins & insist to apply in VFS. Will give a try again.

[Caravel88]

Go to the the embassy website (official) and fill the contact form there. Mention your name,nationality and request an appointment to apply under the directive.

Thank you so much Caravel88 for confirming. Have been to VFS-Mumbai, they refused to accept application & suggested to call German consulate nos for taking appointment. It's quite frustrating. We had tried it in past, after picking up call they speak for hardly 5 mins & insist to apply in VFS. Will give a try again.

[tammu786]

Hello Members,

We had given 2nd attempt this week. Submitted short term visa application for Entry visa at German Embassy Mumbai. next day got call, suggesting to submit application in Long-term Family re-union visa.

Well we are really worried now. EU laws looks to be just on paper. I had mentioned Free Movement Directive etc. But still no luck.

Any Advices ..? First of all I am not sure under long term family re-union visa what will they give .. & it's processing time is 6 months. I am sure it's a national law but that means they are not respecting EU laws at all. Fast paced application processing etc is a myth.

Since I have already booked air ticket , can we attempt travelling without visa from Mumbai to Frankfurt? EU Free MOvement says, if we couldn't get visa then there would be chance given to prove relationship is genuine & if satisfied on the spot entry visa would be stamped.

Has anyone tried this way ..? Or can we contact any agency which will remind German embassy in Mumbai to process this case as per EU Free Movement?

Any help would be greatly appreciated.

[Caravel88]

I know this is not the most ideal way but can you travel together back to UK?

From the UK you could A) try applying for the right visa, B) try travelling to Germany without one.

Hello Members,

We had given 2nd attempt this week. Submitted short term visa application for Entry visa at German Embassy Mumbai. next day got call, suggesting to submit application in Long-term Family re-union visa.

Well we are really worried now. EU laws looks to be just on paper. I had mentioned Free Movement Directive etc. But still no luck.

Any Advices ..? First of all I am not sure under long term family re-union visa what will they give .. & it's processing time is 6 months. I am sure it's a national law but that means they are not respecting EU laws at all. Fast paced application processing etc is a myth.

Since I have already booked air ticket , can we attempt travelling without visa from Mumbai to Frankfurt? EU Free MOvement says, if we couldn't get visa then there would be chance given to prove relationship is genuine & if satisfied on the spot entry visa would be stamped.

Has anyone tried this way ..? Or can we contact any agency which will remind German embassy in Mumbai to process this case as per EU Free Movement?

Any help would be greatly appreciated.