Applying free movement directive on TOURIST VISA

[Sour cream]

Hello everyone,
Considering this forum really helpful i have come up with a query.
I am on a tourist visa in russia with my non eu spouce who is also on tourist visa and we would like to apply for eu spouce visa for him, but as i have been speaking to some eu embassies over the phone in russia they say applicant must have long term visa or residency in russia to apply for visa. It is strange bcz my knowledge free movement directive doesn’t require this .
Any help guys?

[Omi00007]

Hello everyone,
Considering this forum really helpful i have come up with a query.
I am on a tourist visa in russia with my non eu spouce who is also on tourist visa and we would like to apply for eu spouce visa for him, but as i have been speaking to some eu embassies over the phone in russia they say applicant must have long term visa or residency in russia to apply for visa. It is strange bcz my knowledge free movement directive doesn’t require this .
Any help guys?

AFAIK you can only apply for a visa for another country from the country of your residence. I don't think it's possible to apply for free movement directive visa while you are on a tourist visa in another country.

[Sour cream]

Thank you omi but why not? This directive doesn’t require to leave the eu state before visa expiry. I mean first three months aren’t unconditional?

[Caravel88]

What are your country of citizenships?
Which EU embassy in Russia did you contact?

VFS Global for Germany in Russia provides the following information:

Proof of legal residence in the Russian Federation in line with federal legislation (e.g. residence permit, long-term visa or FMS registration), valid for at least three months after the planned return from the Schengen area or a document proving that the applicant has applied for a renewal of proof of legal residence.

If not resident, proof of legal presence in the Russian Federation and justification for submitting visa application in the Russian Federation instead of the country of residence.

If embassy refuses to accept your application your only way is to:

A) try to convince them by presenting your case based on the the directive 2004/38/EC which you can access here:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

B) contacting solvit to interfere

Hello everyone,
Considering this forum really helpful i have come up with a query.
I am on a tourist visa in russia with my non eu spouce who is also on tourist visa and we would like to apply for eu spouce visa for him, but as i have been speaking to some eu embassies over the phone in russia they say applicant must have long term visa or residency in russia to apply for visa. It is strange bcz my knowledge free movement directive doesn’t require this .
Any help guys?

[Sour cream]

https://eumovement.wordpress.com/2007/0 ... tizen/amp/

Please look here , I don’t know info on this website is credible or not but in my opinion it is summary of eu directive

[Caravel88]

I don't mean to be rude, however, you asked a question and I answered.
What do you want to achieve by having us look at a blog post?

https://eumovement.wordpress.com/2007/0 ... tizen/amp/

Please look here , I don’t know info on this website is credible or not but in my opinion it is summary of eu directive

[Sour cream]

Sorry if i have offended you n i m thankful for your helpful answers. I just wanted to lighten up a point that non eu family member’s status in the country from where they are applying doesn’t matter. I would say maybe being illegal would be a problem.

[Sour cream]

Solvit is really slow with their jumping in and help, while on tourist visa remaining one one and half month i can rely on Solvit, is there any eu home dept I could contact to get help?

[Omi00007]

I stand corrected thanks Caravel88

What are your country of citizenships?
Which EU embassy in Russia did you contact?

VFS Global for Germany in Russia provides the following information:

Proof of legal residence in the Russian Federation in line with federal legislation (e.g. residence permit, long-term visa or FMS registration), valid for at least three months after the planned return from the Schengen area or a document proving that the applicant has applied for a renewal of proof of legal residence.

If not resident, proof of legal presence in the Russian Federation and justification for submitting visa application in the Russian Federation instead of the country of residence.

If embassy refuses to accept your application your only way is to:

A) try to convince them by presenting your case based on the the directive 2004/38/EC which you can access here:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

B) contacting solvit to interfere

Hello everyone,
Considering this forum really helpful i have come up with a query.
I am on a tourist visa in russia with my non eu spouce who is also on tourist visa and we would like to apply for eu spouce visa for him, but as i have been speaking to some eu embassies over the phone in russia they say applicant must have long term visa or residency in russia to apply for visa. It is strange bcz my knowledge free movement directive doesn’t require this .
Any help guys?

[MAGDA-PL]

I stand corrected thanks Caravel88

What are your country of citizenships?
Which EU embassy in Russia did you contact?

VFS Global for Germany in Russia provides the following information:

Proof of legal residence in the Russian Federation in line with federal legislation (e.g. residence permit, long-term visa or FMS registration), valid for at least three months after the planned return from the Schengen area or a document proving that the applicant has applied for a renewal of proof of legal residence.

If not resident, proof of legal presence in the Russian Federation and justification for submitting visa application in the Russian Federation instead of the country of residence.

If embassy refuses to accept your application your only way is to:

A) try to convince them by presenting your case based on the the directive 2004/38/EC which you can access here:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

B) contacting solvit to interfere

Hello everyone,
Considering this forum really helpful i have come up with a query.
I am on a tourist visa in russia with my non eu spouce who is also on tourist visa and we would like to apply for eu spouce visa for him, but as i have been speaking to some eu embassies over the phone in russia they say applicant must have long term visa or residency in russia to apply for visa. It is strange bcz my knowledge free movement directive doesn’t require this .
Any help guys?

hey omi how are ya , i wanted to ask ya how long it tooked solvit to solve ya case

in our case we submitted complain on solvit website on 15 of april
on 26 april solvit poland forwarded our case to solvit netherland
now 26 may come and we didnt hear anything from solvit. . .

[progazna]

Hi All,
By me took exact one year to get a solution from solvit NL. Applied for france got refused. complained by solvit and eu commisioner which let me wait for one year. After one year the commisioner let me know that i should apply again for this visa. Hope its helps.

[FaarzH]

Hi All,
By me took exact one year to get a solution from solvit NL. Applied for france got refused. complained by solvit and eu commisioner which let me wait for one year. After one year the commisioner let me know that i should apply again for this visa. Hope its helps.

By me took exact one year to get a solution from solvit NL
and what solution solvit netherland gave you ???

eu commisioner which let me wait for one year
i also complained to eu commisioner but didnt get a reply yet
eu commision dont intervene in individual cases

lets see

[progazna]

After 1 year i got email from both of them that the french govt will reconsider the visa and if they didnt then come back to solvit and ecm again.
I think after this cannot be refused by the french cause i have this emails to show.

[Sour cream]

I am happy for you but it took really long time one year is too much. Anyway I hope you are getting ease in future because of this. Coming back to OP does someone know anything about applying in eu embassy on tourist visa or going to schengen land border?

[gokulatti]

A diplomatic mission (embassy) is a point of contact between two countries in concern. Unless you are a legal resident of host country, the member state (embassy/consulate) usually will not entertain your application since you are not a legal resident. but provision DOES exist under article 6 EC. 810/2009 as follows:

Article 6

Consular territorial competence
1. An application shall be examined and decided on by the consulate of the competent Member State in whose jurisdiction the applicant legally resides.

2. A consulate of the competent Member State shall examine and decide on an application lodged by a third-country national legally present but not residing in its jurisdiction, if the applicant has provided justification for lodging the application at that consulate.

Directive 2004/38 requires TCN to get an entry visa under Article 5 as in
2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.

From Article 1.2 of EC. 810/2009

The provisions of this Regulation shall apply to any third-country national who must be in possession of a visa when crossing the external borders of the Member States pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (17), without prejudice to:
(a)
the rights of free movement enjoyed by third-country nationals who are family members of citizens of the Union;
(b)
the equivalent rights enjoyed by third-country nationals and their family members, who, under agreements between the Community and its Member States, on the one hand, and these third countries, on the other, enjoy rights of free movement equivalent to those of Union citizens and members of their families.

Therefore, revisiting A consulate of the competent Member State shall examine and decide on an application lodged by a third-country national legally present but not residing in its jurisdiction, if the applicant has provided justification for lodging the application at that consulate. the embassy/consulate has the authority examine and decide, it however does not say they SHOULD accept the application or NOT. therefore you can try to talk to them but without any clear and warranted justification you will not get it done if the whole purpose if merely a convenience.

However if you do get to the Schengen land border (by whatever means), the border officer will have to accept your application and based on the merits of your situation maybe even issue the TCN a entry visa.

[mgb]

The important thing in article 6 EC. 810/2009 is

without prejudice to:
(a)
the rights of free movement enjoyed by third-country nationals who are family members of citizens of the Union;


Article 5 of the directive 2004/38 give the right of entry independently where the journey starts.

[gokulatti]

Please the time to read the op's question before posting. No one is questioning the right of entry or even anything about the rights derived from the directive. Understand that first.

The question is about where to lodge the application for entry. Understand that.

Without prejudice doesn't mean exempt. Understand that. Maybe Google would be your best friend. It's like imagine this situation someone goes to grocery store and buy a bag full of apples along with a receipt for it. You come in and say the most important thing is the receipt. Totally out of context. I suggest you stop luring people away from the context take some time to research before posting stuff on the internet if you intend to help people.

[mgb]

If a visa get denied the right of entry get denied.

[gokulatti]

Stop trolling with your hypothetical scenarios IFs and BUTs, a decision to lodge an application from the country of residence or origin is NOT a decision on the actual visa. A decision on the visa happens AFTER lodging an applications based on the merits of the application.

[mgb]

Visa handbook of the EU commission C(2010) 1620 final

PART III:SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY
MEMBERS OF EU CITIZENS OR SWISS CITIZENS.

3.8. Refusal to issue a visa

A family member may be refused a visa exclusively on the following grounds:

• the visa applicant failed to demonstrate that he is covered by the Directive on the basis of the visa application and attached supporting documents under point 3.6 (i.e. it is clear that the reply to at least one of the three questions referred to above is negative);
• the national authorities demonstrate that the visa applicant is a genuine, present
and sufficiently serious threat to public policy, public security or public health; or
• the national authorities demonstrate that there was abuse or fraud.

https://ec.europa.eu/home-affairs/sites ... 620_en.pdf


How do you interpret "exclusively"?

[mgb]

Visa handbook

PART II:OPERATIONAL INSTRUCTIONS ON THE PROCESSING OF VISA
APPLICATIONS .

4. BASIC ELEMENTS OF THE VISA APPLICATION

In order for an application to be considered admissible, the following must be fulfilled:
– a filled in and signed application form, a valid travel document and a photograph must be submitted
– the visa fee must have been paid
– where applicable, biometric data must be collected


How do you interpret "admissible"?

[Sour cream]

Gokulati thank you very much for your such valuable information and I would like to add that i am in russia on tourist visa with my non eu spouse. The thing is it is not a provlem for me to go to finnish land border but what can be the circumstances there? They would accept my application at border? They will not ask me to go to embassy? How long they can take there to issue a visa if i go by bus there? I have marraige certificate legalised n everything plus i need to have accomodation proof as well or return bus ticket plus can i say i am going to visit finland or it has to be a permanent move to finland? Sorry for so many questions, you are already very helpful guys.

[Caravel88]

Gokulati thank you very much for your such valuable information and I would like to add that i am in russia on tourist visa with my non eu spouse. The thing is it is not a provlem for me to go to finnish land border but what can be the circumstances there?

No body can tell you this unless they have been to the Finnish land border themselves without a visa.
You are likely to be asked, questioned, and will have to explain the EU law / directive unless the officers experienced this before.

They would accept my application at border?

You are not applying for anything. You are travelling to Finland and your NON-EU spouse is just joining you. They have to issue you a visa (likely to be very short term) and let you in. They can not deny you or your spouse entry as explained by others quoting the directive.

They will not ask me to go to embassy?

They are likely to ask why haven't you gotten a visa already.
You can show them that the embassy denied you the opportunity to apply or that show communication with the embassy where they tell you it would take too long etc.
Still they have to let you in though.

How long they can take there to issue a visa if i go by bus there?

Nobody can tell you this unless they had visas issued by the specific border guard at the specific border in the same, specific situation. It can take minutes or several hours since you might catch them by surprise and if they are 100% unaware of the law they might want to verify it with their superiors. They will also query several databases etc. for police records.


I have marraige certificate legalised n everything plus i need to have accomodation proof as well or return bus ticket plus can i say i am going to visit finland or it has to be a permanent move to finland?

You don't need any of that. You just need the marriage certificate to show that the person is your family member. You can be there short term or long term. You can stay 90 days unconditonally and even with a shorter visa, your spouse can stay there with you. Within the 90 days though you would have to register yourself and your spouse if you are planning on living there.

Sorry for so many questions, you are already very helpful guys.

[Sour cream]

Caravel88 thank you for such a valuable information on time. It will be very helpful. Any specific directive you would recommend to print?

[Sour cream]

Plus i m hoping they let us board a ferry bcz it seems to be the easier way to go.