A few of the staff at the embassies understand the rights of family members of EU citizens. And many are just there to follow the simple rules they have learned in the past and not think too much.
You can usually get them to follow the law by pointing it out to them. Realisticaly nobody else but you is going to educate them about the law.
I am not in the position to apply as a spouse of a German citizen for a German visa. But if I were, I would apply with only the following:
(1) two passports, marriage certficate, visa photo
(2) A copy of a recent pay slip for the EU citizen (proof the EU citizen is exercising treaty rights)
(3) visa application filled out with only the non-starred section - reason for visit "Tourism and looking at possible work options in Germany". If possible do
not include dates of travel, references in Germany, address in Germany, travel reservation details. Ask for a 90 day (or more) multiple entry visa.
(4) A letter that explains
My EU citizen spouse is presently exercising treaty rights in Ireland by working (pay slip attached as proof).
I therefore elect for European law (Directive 2004/38/EC) to be used for evaluation of this application. As I am sure you are aware, the (attached) ECJ ruling in Surinder Singh (Case C-370/90 The Queen v Immigration Appeal Tribunal et Surinder Singh, ex parte Secretary of State for Home Department) entitles me to use EU law for this application. If you have any questions about the legal basis of this application, please contact the legal section in Berlin.
I have provided identification for EU citizen and for myself, as well as proof of our family relationship. I have also provided proof that my EU citizen spouse is exercising treaty rights in Ireland.
You are required to process this visa on the basis of an accelerated process and it must be issued as soon as possible. Should you not issue this visa within 15 business days, I expect a complete written explanation about the reason for the delay.
Should you decide to reject this application, you are obliged to provide detailed explanation of the reason(s) (which must be one of the three possible reasons allowed by Directive 2004/38/EC).
Herzliche Grüße,
xxx
(5) a copy of the Suridar Singh decision, printed out with the important ruling paragraph highlighted ( see
http://eumovement.wordpress.com/2007/04 ... ional-law/ )
(6) a copy of Directive 2004/38/EC printed out with highlighted sections on speed of visa issue, and requirement to explain refusal
