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Thread: NOTHING to PAY - SCHENGEN VISA (Spouse of an EU Citizen)

  1. #61
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    Quote Originally Posted by tone View Post
    Thanks for that - shame we wont be there on a Wed as we go Sat and come back Tuesday - didnt want to leave the baby with anyone for any longer really.


    Tone
    Hi Tone, we enjoyed a break in Rome in August.
    We really enjoyed it.
    Have you thought about pre-booking a guided tour of Vatican ?
    We booked a whole day (skip-the-lines-tour) and found it fascinating.
    Vatican in the morning followed by the four major Basilicas in the afternoon.
    We used a company called Dark Rome...highly recommended

    Look here for details


  2. #62
    Trusted Member stevewool's Avatar
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    we are still hoping to get the break there before christmas, but time is getting very short


  3. #63
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    Quote Originally Posted by stevewool View Post
    we are still hoping to get the break there before christmas, but time is getting very short
    Our biggest mistake was going to Rome in summer. Especially this year with the heat wave (remember that). We had 40-43 C every day ...... really too hot to enjoy a walk.

    This time of year will be nice. Christmas time could be even better.

    Be careful when shopping Steve, and avoid Via Condotti if at all possible !!!!
    Starts just beside the Spanish Steps and fountain

    Going down there was my second big mistake


  4. #64
    Respected Member Michael Parnham's Avatar
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    Quote Originally Posted by stevewool View Post
    we are still hoping to get the break there before christmas, but time is getting very short
    After Tuesday Em can get her passport and you wont need a visa anymore, great stuff!


  5. #65
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    Quote Originally Posted by tone View Post
    After all these questions we went to Thailand - had a fairly decent trip apart for our baby getting really ill on the last two days.

    I've just booked a trip to Rome - Rina really wanted to meet the Pope and I said I'll do my best, but couldnt guarantee it!
    I used up some airmiles on BA and they charged just £70 flat fee so come her birthday we will be in Rome.
    I need to get her ILR done before that - as soon as she has taken that LIUK test and passed it get the visa app in before 28th Oct - will do a PEO visit so its all done quickly..
    Tone - have you booked the PEO appointment? Hope so, they're hard to get. Best way to do it though IMO, removes all worry and doubt.


  6. #66
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    Rose got 12 months Shengen - I collected her passport from the French Consulate a few days later (was available the next working day).

    Now to plan some sorties into Euroland...


  7. #67
    Respected Member tone's Avatar
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    Hi Guys
    Peter - I'll look into the Vatican tour - I've been to Rome before and its a great place to soak in history, but as mentioned Rina really wants to see the inside so I'll certainly look at the tour.

    Regarding visas we have to do Rina's ILR and I will be doing a PEO as soon as she gets the LIUK and English sorted out I'll book the appointment. Then I can get an appointment at the VSF Global place and get here the Schengen Visa for Rome.

    Cheers
    Tone


  8. #68
    Respected Member tone's Avatar
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    Quote Originally Posted by Trefor View Post
    Tone - have you booked the PEO appointment? Hope so, they're hard to get. Best way to do it though IMO, removes all worry and doubt.
    I just logged into the system to see what availability there was for Solihull searching for Nov 1-20th only and I can get an appointment from the 12th Nov so that's ok.

    Aha I'm assuming that if we pay and book the appointment before 28th that we Rina's A1 will be ok - or am I wrong?


  9. #69
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    Quote Originally Posted by tone View Post
    ....Aha I'm assuming that if we pay and book the appointment before 28th that we Rina's A1 will be ok - or am I wrong?
    Be very careful about that strategy Tone.
    The date of application for PEO submission is when you actually make the application payment on the day of appearance.

    I stand to be corrected here but that's not the same as booking an appointment.

    It might sound like semantics but personally I would not take that risk.
    Applications made on or after 28th October will need supporting with Life in UK and Level
    B1 English.

    You could try and check with UKBA for confirmation, but that in itself wouldn't fill me with confidence............


  10. #70
    Respected Member tone's Avatar
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    Hi Peter
    I've spoken to a training company that do the ESOL Citizen Courses and they can do a 1 day session to get Rina's A1 to a higher grade. So should she pass the test we will book and pay for the appointment and see if we can get one next week, failing that she will have to get the B1 grade and above and then we do the ILR application.
    So I have a plan A and B but we have a more pressing issue in that the LIUK book has gone missing.
    I take note of your words though!

    Again thanks!

    Tone


  11. #71
    Respected Member rhaichard's Avatar
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    finally i got my Schengen Visa ..
    only took 24hrs and got 2 years


    i followed JLAGS post,
    called the TLS to book appointment
    but my appointment was scheduled at 9:30
    kinda worried because on JLAGS post she noted that 9:00 is the only time slot but its not really a problem, we went to London early and went to TLS first ( because my hubby didnt listen when the TLS phoned him and told him where to go ) so we phoned TLS and they said if appointment booked by phone then its automatically straight to the FRENCH CONSULATE, much easier to do the FRENCH CONSULATE route as the tube station is outside the building also there's 3 museums that you can visit so you can have a nice day out in London.

    Thanks to everybody here for advice and thanks to STEVEWOOL for guiding us
    RHAI ' CHARD o23


  12. #72
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    Well done..........

    The delights of Europe are waiting for you.......enjoy


  13. #73
    Trusted Member stevewool's Avatar
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    glad it all went well for you both, as Terpe says , Europe is waiting for you now


  14. #74
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    Well done!


  15. #75
    Respected Member rhaichard's Avatar
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    finally i can visit my mum's auntie in Germany also ...

    again thanks
    RHAI ' CHARD o23


  16. #76
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    Quote Originally Posted by rhaichard View Post
    finally i can visit my mum's auntie in Germany also ...

    again thanks
    Some great Christmas markets in Germany


  17. #77
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by Terpe View Post
    Some great Christmas markets in Germany
    thats good ...
    RHAI ' CHARD o23


  18. #78
    Respected Member steve monty's Avatar
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    Hi there,

    Congratulations to all who have succeeded in getting their visa's. I had been following this thread for sometime as it is very informative. We went to try to get our Schengen visa today for France from TLS Contact but were not able to because they would not accept our marriage contract because it was not clear. This is how they are in the Philippines. The marriage contract had been notarised by the Philippines Embassy here in London and also notarised by the NSO in the Philippines. This very same marriage contract was used for our spouse visa and Indefinite Leave to Remain.

    We went to the Philippines Embassy in London straight after to see what we could do, it seems the only thing we can do is either go back to the NSO in the Philippines and get this fixed or wait for Citizenship next year. Don't want to put a downer on the thread but just highlight there can be problems even if you think everything is straight forward.


  19. #79
    Trusted Member stevewool's Avatar
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    so sorry to hear what has happened steve, and its good that you have pre warned others what could happen too,
    A year is not long to wait, and there are lots of great places to see in this country too


  20. #80
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    Quote Originally Posted by steve monty View Post
    Hi there,

    Congratulations to all who have succeeded in getting their visas. I had been following this thread for sometime as it is very informative. We went to try to get our Schengen visa today for France from TLS contact but were not able to because they would not accept our marriage contract because it was not clear. This is how they are in the Philippines. The marriage contract had been notarised by the Philippines Embassy here in London and also notarised by the NSO in the Philippines. This very same marriage contract was used for our spouse visa and Indefinite Leave to Remain.

    We went to the Philippines Embassy in London straight after to see what we could do, it seems the only thing we can do is either go back to the NSO in the Philippines and get this fixed or wait for Citizenship next year. Don't want to put a downer on the thread but just highlight there can be problems even if you think everything is straightforward.
    Sorry to hear that Steve. I apologise for forgetting to highlight that all visa applications are considered on a case to case basis.
    UKBA,UKBA I am dreading to hear from you...
    UKBA, a BRP for Christmas will do...


  21. #81
    Respected Member steve monty's Avatar
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    Quote Originally Posted by stevewool View Post
    So sorry to hear what has happened Steve, and it's good that you have pre warned others what could happen too.

    A year is not long to wait, and there are lots of great places to see in this country too
    Thanks Steve, might be a blessing in disguise and see more of the UK. Just upset the wife more as she wanted to go to Paris.


  22. #82
    Respected Member steve monty's Avatar
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    Quote Originally Posted by jlags90 View Post
    Sorry to hear that Steve. I apologise for forgetting to highlight that all visa applications are considered on a case to case basis.
    No worries Jlags, you don't have to apologise. Like every visa process it's judged by case by case basis.


  23. #83
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    Strategy for applying for Family/Partner Schengen Visas

    Quote Originally Posted by steve monty View Post
    Hi there,
    We went to try to get our Schengen visa today for France from tlscontact but were not able to because they would not accept our marriage contract because it was not clear. .
    Interested and intrigued by this rejection. It does seem that there is scope to apply much more easily through countries like Netherlands and Czech. The EU has a very broad definition of a family member. Czech clearly states in the guidance notes to applicants.

    http://www.mvcr.cz/mvcren/article/wh...ly-member.aspx

    No charge. Visa fees are waived for the following foreign nationals :
    foreign members of families of nationals of other Member States of the EU/EEA and Switzerland (decree of 11 March 1994 modified) ;
    (4) The provisions of this Act, which pertain to family members of European Union citizens, will be applied in a commensurate manner to aliens who can credibly prove that:
    a)they are a in a family relationship with an European Union citizen that is not specified in Subsection 1 if:
    1.they lived in a common household with a European Union citizen in the country whose citizenship they hold or in the country in which they held long-term or permanent residence;
    2.they are financially supported by a European Union citizen; or
    3.they cannot care for themselves without the personal care provided by a European Union citizen due to a chronic adverse health condition; or
    b)they are in a permanent relationship with a European Union citizen that is comparable to a family relationship and that they share a common household.


    So even if you are living as partners together in a third non EU country you qualify as family.

    AND EC (2010)1620 - the guidance notes from The EU

    PART III: SPECIFIC RULES RELATING TO APPLICANTSWHO ARE FAMILY
    MEMBERSOF EU17 CITIZENS OR SWISS CITIZENS
    (this chapter only covers issues of relevance to third-country nationals subject to a visa
    requirement under Regulation 539/2001)


    The right of free movement of EU citizens would not have any useful effect without
    accompanying measures guaranteeing that this right is also given to their families. Therefore
    the Directive extends the right to free movement to family members of EU citizens. Article 5
    (2), 2nd sub-paragraph of the Directive provides that "Member States shall grant [family
    members covered by the Directive] every facility to obtain the necessary visas. Such visas
    must be issued free of charge as soon as possible and on the basis of an accelerated
    procedure.".


    HOWEVER there is inconsistency between countries under a derogation that allows different definitions of Core and Extended family members.

    The following persons are defined in Article 2(2) of the Directive as ‘core’ family members:
    • the spouse;
    • the partner with whom the EU citizen has contracted a registered partnership, on the basis
    of the legislation of any Member State, if the legislation of the host Member State treats
    registered partnership as equivalent to marriage;
    • the direct descendants who are under the age of 21 or are dependant as well as those of the
    spouse or partner as defined above; or
    • the dependant direct relatives in the ascending line and those of the spouse or partner as
    defined above.
    In order to maintain the unity of the family in a broad sense, Member States may extend the
    facilitations to so-called ‘extended’ family members, see Commission Communication COM
    (2009) 313 final23.
    The following persons are defined in Article 3(2) of the Directive as ‘extended’ family
    members:
    • any other (i.e. those not falling under Article 2(2) of the Directive) family members who
    are:
    • dependants;
    • members of the household of the EU citizen; or
    • where serious health grounds strictly require the personal care by the EU citizen;
    or
    • the partner with whom the EU citizen has a durable relationship, duly attested.
    Article 3(2) of the Directive stipulates that ‘extended’ family members have the right to have
    their entry facilitated in accordance with national legislation. In contrast with ‘core’ family
    members, ‘extended’ family members do not have an automatic right of entry.
    Their right of
    entry is derived from the national legislation transposing the Directive where the consulates
    should find detailed rules on this category of visa applicants.


    So as above it seems that Czech follows the guidelines. Netherlands even seems to define a durable partner relationship as 6 months!!

    France is unsearchable as to the definition of "Core" and "Extended" family - saying no more than:

    foreign members of families of nationals of other Member States of the EU/EEA and Switzerland (decree of 11 March 1994 modified) ;

    I have tried to search the 11 March 1994 decree in French and English without success.

    Finally as mentioned in various threads every country must make it available to apply direct and without charges even if they engage an agent.

    Overall it looks like the safest and quickest way to a Schengen visa is through Netherlands or Czech. Be interesting to see a league table of all the countries, so people can save time, money and anguish.


  24. #84
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    Any denial of entry or residence must be fully justified in writing and open to appeal.

    They are not allowed to fob off any refusals with the standard EU Refusal form. The form covers only the Appeal condition, and there is serious politicking going on over how France in particular handles appeals.

    COM-2009-0313-FIN-EN-TXT


    Partners with whom an EU citizen has a de facto durable relationship, duly attested, are
    covered by Article 3(2)(b). Persons who derive their rights under the Directive from being
    durable partners may be required to present documentary evidence that they are partners of
    an EU citizen and that the partnership is durable. Evidence may be adduced by any
    appropriate means.
    The requirement of durability of the relationship must be assessed in the light of the objective
    of the Directive to maintain the unity of the family in a broad sense12. National rules on
    durability of partnership can refer to a minimum amount of time as a criterion for whether a
    partnership can be considered as durable. However, in this case national rules would need to
    foresee that other relevant aspects (such as for example a joint mortgage to buy a home) are
    also taken into account. Any denial of entry or residence must be fully justified in writing and
    open to appeal
    .


  25. #85
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    Definitely worth some rep points Edward, all that helpful info'.


  26. #86
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    There is really a need for a new sticky Wiki on this issue

    Quote Originally Posted by grahamw48 View Post
    Definitely worth some rep points Edward, all that helpful info'.
    Thanks I have learnt a lot more since I compiled the above. The crucial issue for most Forum members when applying for "family" members without a UK marriage certificate is that the Treatment of relationships by different member states is hugely different.

    Avoid applying through France without a UK marriage certificate if at all avoidable. Applying through France as a Family member for just about any relationship than UK married spouse is not a good idea in my opinion. On the other hand proof of a relationship with a partner of six months will almost certainly release Family status in The Netherlands, and thereby a multi-entry visa to all Schengen member states for six months. (first entry through Holland of course required;and you will need to state that Holland is the main intended country of visit. BUT as long as you enter first through Holland you can absolutely change your intentions from there onwards!!!)
    table/
    There is a need for a table/matrix of requirements by country based on how Core and Extended is interpreted. The official guidelines are outrageously badly and ambiguously worded. There were clearly several classic EU fudges in committees agreeing the final drafts. For example for the guidance on defining "extended family members

    Their right of entry is derived from the national legislation transposing the Directive where the consulates should find detailed rules on this category of visa applicants.

    "the consulates should find detailed rules on this category of visa applicants"!!!!!! It should be taken for granted that the Consulates know their own legislation. It is the Applicant that needs to know this.

    I have formally suggested to The EU that this should be urgently redrafted as;

    Applicants MUST be able to access online, through guidance notes, and have drawn to their attention at any interview at the consulates the detailed rules on this category of visa applicants.

    I have to say the above is already implicit in the guidelines but reading through several threads and from personal experience France is not remotely complying. Indeed France actually states significantly different rules on different consular websites.


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    Good to see you dived into the various EU pages and documents. Too bad it takes atleast several hours of digging... Your avarage applicant most likely will just let themselves be bullied and pushed around by EU (Schengen, British, ....) embassies who do not properly apply the Freedom of Movement directive for family members of EU/EEA nationals.

    About a year ago or so the EU Commission announced an overhaul/change of the Schengen rules (at the earliest somewhere in 2015) : more easy application form, online applications, a special visa valid for 6 months for those touring (elderly people with campers for instance), more structured issueing of muliple entry visa etc.
    I hope to see these changes accepted and implemented soon. Better yet: EU/Schengen embassies/application centers were one can make an application without silly services fees, proper instructions in accordonce with EU direcitves etc. So that people who do not realize they can get a free, swiftly issued EU/EEA spouse (family member) visa with minimum hassle will be told about it at the counter.. That sort of thing doesn't seem common place at embassies, they are unaware or unwilling to do a proper job... a real shame.


  28. #88
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    Here is the announcement about more flexible Schengen rules:

    http://europa.eu/rapid/press-release_IP-14-347_en.htm

    I picked out the most important paragraphs of the press release:
    European Commission
    Press release Brussels, 1 April 2014

    More flexible visa rules to boost growth and job creation

    Many non-EU nationals wishing to travel to the EU are often faced with cumbersome, lengthy and costly visa procedures. The proposals presented today will seriously shorten and simplify the procedures for those wanting to come to the EU for short stays, and induce more cost savings and less bureaucracy, whilst maintaining the level of security. Making the access to the Schengen area easier for legitimate travellers will facilitate visiting friends and relatives and doing business. It will boost economic activity and job creation in, for instance, the tourism sector as well as in related activities such as restaurant and transport industries.

    (..)

    In order to stimulate the European economy and to facilitate the lives of travellers towards the EU, the European Commission is proposing today important changes in the visa rules. Main elements of this package are:

    (1) Reducing the deadline from 15 to 10 days for processing and taking a decision; (2) Making it possible to lodge visa applications in other EU countries consulates if the Member State competent for processing the visa application is neither present nor represented;(3) Substantial facilitations for regular travellers including mandatory issuing of multiple entry visas valid for three years;(4) Simplified application form and allowing for online applications (5) Possibility for Member States to devise special schemes granting visas at the borders for up to 15 days in one Schengen State; (6) Possibility for Member States to facilitate the issuing of visa for visitors attending major events; (7) A new type of visa (Touring-visa) allowing legitimate travellers to circulate in the Schengen area for up to 1 year (without staying in one Member State for more than 90 days in any 180-day period).

    - Simplifying short-stay visa applications to meet growing demand. A lot has already been achieved under the existing visa rules, which has contributed to a 68 % increase in the number of visa applications, from 10.2 million in 2009 to 17.2 million in 2013. Yet more can be done towards enhancing the mobility of legitimate travellers. For new 2013 visa statistics, see infographic. Too often, problems obtaining visas limit access and – as a result – reduce the potential economic benefits of tourist attractions. For instance, the Milan World Expo in 2015 may be an opportunity for millions of new visitors to Europe.

    Concretely, the Commission now proposes:

    - Establishing a clearer set of procedural rules and speeding up the process. It is proposed to reduce the deadline for processing and making a decision on a visa application is reduced from 15 to 10 days. The maximum deadline for lodging an application has been increased from three to six months before the intended trip, to allow travellers to plan ahead and avoid peak seasons.

    Furthermore, the list of supporting documents will be simplified and become exhaustive and the enhanced harmonisation of these requirements at local level will ensure equal treatment of visa applicants. The often costly obligatory travel medical insurance will be abolished.

    - Boosting consular cooperation. According to the proposal, if the Member State competent for processing the visa application is neither present nor represented in a given third country, the applicant is entitled to apply at any of the consulates present ('mandatory representation').

    - Repeated visits will be much easier with the introduction of mandatory criteria for obtaining a multiple entry visa (MEV) valid for three years and subsequently for five years for 'VIS registered regular' travellers. Applicants whose data are registered in the Visa Information System (VIS) and who have previously lawfully used at least two visas within the past 12 month period will benefit from these facilitations. This change of rules is also possible thanks to the roll out of the Visa Information System (VIS), which is expected to be completed in 2015, enabling Member States' consulates to access the visa applicants' 'history'.

    As they would be able to travel more spontaneously, travellers in possession of longer validity Multi-Entry Visas are likely to make more trips to the Schengen area than they otherwise would. An increasing number of trips would spur economic growth within the Schengen zone.

    - To establish a Touring Visa. This new type of Visa will allow legitimate non-EU nationals entering the Schengen area to circulate for up to 1 year in this zone (without staying in one Member State for more than 90 days in any 180-day period), with the possibility of an extension for up to two years (provided that the applicant does not stay for more than 90 days in any 180-day period in the same Member State). This would for instance, apply to live-performing artists who tour the Schengen area for a prolonged period, but also to individual travellers, such as tourists, researchers and students who wish to spend more time in Europe.


    (...)

    Next steps: Both proposals must now be approved by the Council of the European Union and the European Parliament, which can be expected at the earliest in 2015.

    Once the proposals enter into force, the changes will apply to all EU Member States applying the common Schengen visa policy in full as well as the four Schengen associated States (Iceland, Liechtenstein, Norway and Switzerland). It should be noted that Bulgaria, Croatia, Ireland, Cyprus, Romania and the UK do not take part in the visa policy.

    (...)



  29. #89
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    Too bad I cannot edit my posts, I wish to end todays contributions with a link to an other -related- topic in this forum just incase that one moves of the first page and other visitors stumble acroos this topic regarding FREE, swiftly issued and with minimum hassle Schengen (or other EU nation) visas:

    http://filipinaroses.com/showthread....-Filipina-wife

    It has some useful links (EU Home Affairs, EU page on traveling etc. for EU citizens and their family, SOLVIT) and I cited some pages of handbooks etc.

    That's all folks.


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