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As for direct access, to avoid TLS (service costs):"3.6. Supporting documents
In order to prove that the applicant has the right to be issued with an entry visa under the Directive, he must establish that he is a
beneficiary of the Directive. This is done by presenting documents relevant for the purposes of the three questions referred to above, i.e. proving that:
• there is an EU citizen from whom the visa applicant can derive any rights;
• the visa applicant is a family member (e.g. a marriage certificate, birthcertificate, proof of dependency, serious health grounds,
durability of partnerships ...) and his identity (passport); and
• the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).
It is an established principle of EU law in the area of free movement that visa applicants have
the right of choice of the documentary evidence by which they wish to prove that they are
covered by the Directive (i.e. of the family link, dependency ...) . Member States may,
however, ask for specific documents (e.g. a marriage certificate as the means of proving the
existence of marriage), but should not refuse other means of proof.
For further information in relation to the documentation, see Commission Communication
COM (2009) 313 final 22.
3.7. Burden of proof
The burden of proof applicable in the framework of the visa application under the Directive is
twofold:
Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He must
be able to provide documentary evidence foreseen above as he must be able to present evidence to support his claim.
If he fails to provide such evidence, the consulate can conclude that the applicant is not
entitled to the specific treatment under the Directive. Additional documents may not be required regarding the purpose of travel and means of subsistence (e.g. proof of accommodation, proof of cost of travelling),which is reflected in the exemption for family members of EU citizens from filling in the following fields of the visa application form: (...)"
Source, handbooks found on the EU website: http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm"4.4. Direct access
Maintaining the possibility for visa applicants to lodge their applications directly at the consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities.
Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice.
The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider (see Part I, point 4.1)."
I wasn't aware of this at the time, given my travel plans I went for the TLS appointment. Thanks for sharing, it's good to know in the event someone else goes through this in the future. I got the impression that the consulates are now more reluctant to take direct applications, especially with the very small number of direct appointments they said they were offering every week. Thankfully I won't need to apply again as they did grant me a 2 year circulation visa this time around.Donutz wrote:@Cs95tdg: the legal maximum waiting time is 2 weeks, telling people they need to wait a month is a violation of the Schengen rules!
Hi, thanks for the info, can you give us the contact details for the agencies that you used please? I need an apostille on my wifes indian marriage certificate too : (simrun255 wrote:I just thought i would post this information for those British Citizens who are married to someone from india or any Non EU partners. I tried to apply for a schengen visa for my wife as we wanted to go to paris for the weekend. I was going to apply under EU/EEA spouse where the visa is free and you just pay TLS their admin fee. Even though my indian marriage certificate is in English and on my wifes UK spouse visa it has my name in it, they didnt want to accept the marriage certificate as proof that we are married. I had to get the apostille stamp from India cost me about £45 for an agency to do it plus £40 in DHL fees there and back.
The indian embassy wont certify the marriage certificate unless it has apostille stamp on it from Ministry of external affairs. I just submitted the marriage certificate with the apostle stamp on it to TLS.
I dont know what those people who get married in those countries which are not in the apostille convention would have to do.
thanks for your help Cayos, you're a star.Cayos wrote:Hello Lulu,
You may not have to get your Indian marriage certificate apostilled, it depends on the certificate and the Schengen country you are going apply at. For example, the French Consulate in London will accept your Indian marriage certificate as long as it is in English and if it is not a religious marriage (as opposed to the state marriage). But even in case of some religious marriages the French Consulate may still accept the certificates, however, you won't know that until you actually lodge your visa application.
That totally makes sense, I mean not booking the tickets but some Schengen countries, again, France, e.g., require them in order to grant you the visa. However, if your destination is Germany, for example, then the tickets and hotel confirmation are not needed. And Germany doesn't have any particular requirements for marriage certificates. I mean, it must be in English or German and if it is not, just get it officially translated and notarised and it should be fine. And to be on the safe side, you can email a scanned copy of the translation and certification to the German Visa Centre in London to confirm that the Consulate will be happy with it before you lodge your application.lulu218 wrote:thanks for your help Cayos, you're a star.Cayos wrote:Hello Lulu,
You may not have to get your Indian marriage certificate apostilled, it depends on the certificate and the Schengen country you are going apply at. For example, the French Consulate in London will accept your Indian marriage certificate as long as it is in English and if it is not a religious marriage (as opposed to the state marriage). But even in case of some religious marriages the French Consulate may still accept the certificates, however, you won't know that until you actually lodge your visa application.
However I dont wanna risk booking flights and hotels as supporting documents for the schengen visa, and then they turn around and say, we want an apostille stamp.
maybe im over complicating things, but hey ho.
Just go to VFS. It is through them now in India. Though it might be easier and cheaper if you got your state government attestation by yourself. VFS will charge extra for the state thing and it will take longer as well.muzammil_edu wrote: ↑Fri Nov 10, 2017 10:56 pmHi All,
I have a same problem. Can someone please kindly share the agency where I can get the apostle stamp from India for my religious marriage document.
Thanks
iamsahil wrote: ↑Thu May 10, 2018 10:40 pmGuys,
I am applying for FRANCE visa for my spouse (I already have one). We both are on Indian Passport on Tier 2 General visa. We have an ENGLISH language & court stamped /certified marriage copy (std. Indian procedure). Do I still need to get my marriage certificate certified by the relevant Embassy ? Thanks