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Applying for a Schengen Visa for spouse of EU citizen.

edited October 26 in Visa and Passport
Hi Everybody

My questions is regarding a schengen visa for the visa of a spouse of a EU citizen.

My father is a Norwegian citizen born in Pakistan who used to work in Norway . He is a pension holder and has come to live in Pakistan from the last 18 years approximately. He has visited Norway from time to Time and his last visit was like 3 years ago. My mother is Pakistani National who has never been to Norway and has NO travel history.My mother applied for a UK visa twice this summers which was refused both of the times with vague reasons even though she and my father have joint bank account and she owns property here in Pakistan which values to a handsome amount. My father and mother would now like to visit Europe and would like to apply for a Schengen visa for my mother. I would like to know that which country in Schengen are should we apply ? Should it be Norway because my father is a national over there or should it be to any Schengen area country? We don't want to get a refusal this time since she has already been refused a visit visa to UK twice in the past 2 months. Will that rejection have an impact on this Schengen visa application ?

What necessary documents should we attached other than the normal required for a tourist visa.
What are the chances of their getting a Schengen visa?
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Comments

  • edited July 22
    @arslan_5
    The UK do not give vague reasons for refusing a visa. The refusals are very clear. However as the wife of a Norwegian citizen she should not have been refused a visa if they were travelling together. If your mother was travelling alone that is a different mstter

    EU /Schengen rules only apply to countries other than the country of which you are a citizen. In other words your mother should not apply to Norway but another Schengen country.

    To benefit from EU rules your parents need to travel together.

    The UK is not in the Schengen zone so the refusals should not have an impact.

    Obviously your fathers choice of not taking your mother to live in Norway when he worked there now has a serious impact on your mothers ability to travel.
  • I can give you all the details of the documents we provided while applying to UK and the reasons of refusal also but i dont think thats going to change anything because now applying to England wont change anything i guess. My father was travelling with my mother. but one of the reasons for refusal was that they said that you are travelling with your husband and children hence no strong ties remain with Pakistan hence u might not come back. We did not mentioned in the application that the children will also be travelling but they assumed this because both of us have Norwegian passports and we dont require a visa to travel to UK.

    Now my father and mother want to travel to Europe and we would like to apply for a schengen visa for my mother. What course should we follow ?

    and on your point of not applying to Norway. Will it not be a good thing to apply to Norway first and attach a written letter from my father stating that He is a Norwegian citizen and he would like to travel to Norway with his wife. Since he is a citizen wont it be of benefit to my mothers application ?

    Thankyou for your response.
  • @arslan_5
    You must submit a copy of your fathers passport not just a letter.
    Directive 2004/38/EC guarantees the freedom of movement for EU citizens and their non EU dependents. This is why I do not understand why the UK refused yoyr mother a visa.
    However the directive does not apply to the EU nationals country of origin , in this case Norway. If you apply to your own EU country domestic law applies and your mother will probably be refused.
    Your mother needs to apply to any other Schengen state once she has the visa she can travel where she wants with your father.
  • Yes that where we are also confused. Moreover the last time we applied we applied through a agent who double checked all our documents. my mother has not been granted a visa because her husband and children all have Norwegian passports and they dont require visa for travel so they may think that if they grant visa to my mother we might all travel to that country and disappear. If this can be the reason for refusal wont the schengen state think the same. Is there anything by which we can counter this ?
    I will attach the list of all documents when we applied to UK and with the screenshot of the refusal letter from them.

    Than you can guide us what we should do.
  • @arslan_5
    The only reason the non EU national spouse of an EU citizen can be refused a visa is on the grounds of public policy, security and serious medical issues.
    The UK were incorrect to refuse your mother.
    You needed a lawyer who knows EU law not an agent
  • Hi Alethia i know but we can not do anything about that right ?
    What should we do now ?
    Should we hire a lawyer in england adn appel over there ?
  • here are the reasons for UK refusal
    file:///C:/Users/wel/Downloads/WhatsApp%20Image%202017-07-24%20at%206.59.58%20PM.jpeg
    file:///C:/Users/wel/Downloads/WhatsApp%20Image%202017-07-24%20at%206.59.58%20PM%20(1).jpeg
  • edited October 26
    @arslan_5
    You need to male a complaint to SOLVIT ec.europa.eu/solvit/ind
    SOLVIT is the EU complaints section.
    The London SOLVIT contact is
    Chris Korcz
    Email: solvit@beis.gov.uk
    Tel 0442072152833

    Google SOLVIT and you will see what I mean

    Waste of time putting a whatsapp download on here.
    The UK wrongly refused your mother I urge you to make a complaint.
  • Hi @Alethia,

    Thankyou for your quick response. Have you read the terms of refusal ? If not i'll write them down over here. Because maybe there reasons are valid according to you since you have more knowledge about this. Complaints are never listened to. So is it going to work ?

    i checked on their site but did not understand how it works kindly guide me again and if you want the details about the documents submitted and reasons of refusal you can ask me.
  • I repeat my mother is a Norwegian national with no travel history. My father, my sister and i have Norwegian nationalities. My father is a pension holder from Norway who is currently a resident of pakistan from the last 15 years with frequent travel to Norway. Do these facts make a difference ?
  • Correction
    mother is a Pakistani National*
  • edited July 25
    @arslan_5
    This is not a complaint to the UK but to the EU and it works.
    If you go to the site I gave you for SOLVIT and then to the drop down menu, you will see they assist with incorrect visa decisions for the non EU spouses of EU nationals. Your mother is a Pakistani married to a Norwegian.refused a visa in the UK this is exactly what SOLVIT deals with.
    If you dont want to folliw this route its up to you.
    If you father had bought your mother to live in Norway and regularised her stay she would not suffer these problems
  • @Alethia
    okay but my father is currently not a resident of Norway hence can he file his complaint under solvit regarding his EU rights.
    I tried to register a complaint but in the personal details section they require the house address and phone number and the option available are only of EU states. Since my fathers current and permanent address now is in Pakistan i am not able to move to the next page of the form.
    I think the solvit only deals with non EU spouses of EU Nationals who are currently living in EU state. correct me if i am wrong ? sorry for asking noob questions but i have no idea about this.
    we want to follow this route even if there is little chance of getting a positive reply.
    and there was no drop down menu on that site showing solution and for incorrect visa decisions.
  • @Alethia waiting for your reply
  • edited July 27
    @arslan_5
    The rules apply to EU citizens wherever tbey live. Your civil rights as an EU citizen dont stop because you live on Pakistan
    Doesnt your father know an address he can use in Norway.

    By the way I am not permanently on demand on this forum I have a life to lead on the real world
  • Hi @Alethia

    Sorry for bothering you so much but we have tried all other possibilities. We have tried with 2 different agents payed them money but still the efforts have been fruitless. This time we want to make sure that everything is done the right way so there are no chances of refusal.
    If you say so i will make the complaint today. This issue does involves a public body right ?

    What about applying for the schengen visa ?

    Thankyou for your time. Appreciate your help.
  • @arslan_5
    Yes it is a public body SOLVIT is part of the European Commission that oversees EU law.

    She can apply for a Schengen visa. Your mother should not be charged a fee and as I said before you apply under Directive 2004/38/EC
    Your mother does not need health insurance.
    By the way did the UK charge for the visa applications? If so in your complaint request a regund of the fees.
  • @Alethia
    Okay. I will submit my complain today. Yes i checked about the fee part and it says that it only applies to people who have a EU spouse who lives in a EU country now. I emailed the Visa office in Islamabad and this is the reply i got.

    My email :
    My name is Arslan Hameed and i have a question related to your tourist visa application. My father is a Norwegian national pension holder who was born in Pakistan. On your visa assistance page under the purpose of visit to Norway it is written that people who are travelling with a Spouse who is a EU/EEA National apply under a different category than the ones who require a normal tourist visa. I would like to ask that a person who is a Norwegian national (Pension Holder) who is currently not a permanent residence of Norway or any other EU/EEA country would like to apply for a visit visa for his wife who is a Pakistani National with no travel history, is she eligible to apply under this category or not. Hope to get a reply from you soon.
    Thank you.

    Their Reply:
    If the reference person is not currently a EU/EEA citizen living in Norway, or a Norwegian national who is moving back from a EU/EEA country where he/she has lived with their spouse, the wife would not fall under this category

    Yes the UK charged The fee both times.
    Okay. Thankyou

  • edited July 27
    @arslan_5
    There is no legal requirement for your father to live in Norway or any other country. He is a Norwegian and an EU citizen therefore your mother must be given a visa.Your father does not loose his EU citizenship because he lives in Pakistan. It is irelevant where your father was born he is Norwegian
    Why did you send this email to the Gerrys visa office on Pakistan? They are not immigration officers but glorified couriers. They do not make decisions on visas nor are they legally trained in EU or domestic UK law
    I feel I am wasting my time here.please Google EU free movment you will see I am correct.
  • Hi @Alethia
    Sorry once again for asking noob questions. Actually i have no idea about these things. Thankyou for your time i will file a complain with Solvit Today. I know you must be right as you have far more knowledge than i have. Will keep you updated. Thankyou so much.
  • edited July 31
    Hi @Alethia
    Just one more question i need to ask that while filing a complaint on SOLVIT what is the address of the authority that we are complaining about? I am not able to find an address of UK visa and Immigration office. And is it safe to upload documents on SOLVIT ? Since it has personal details.
    TIA
  • edited July 30
    @arslan_5
    On the top of the visa refusal document on top left hand side it will say Islamabad or Abu Dhabi for example.
    Please tell me what it says I will give the address.
    If you read the SOLVIT website it states it is an on line procedure so if you want to complain you have to upload the documents.
  • Hi @Alethia,
    While submitting my complain to SOLVIT i also sent an email to ' Your Europe Advice". Today i received their reply and i think now i know why my visa was refused. I applied for standard visit visa not EEA Family permit/. My bad, the agent we were working with did not have any knowledge and took a heavy sum from us and applied for the wrong visa.
  • @Alethia now i am applying myself without the help from any agent and need help filling out a couple of sections on the form. Secondly what documents should i attach ? you are aware of the status of my father, he is a Norwegian National currently living in Pakistan and receives pension from Norway.
    Since you have been guiding me correctly from the start i would need your help in filling this out and applying for one last time. Thankyou.
  • @arslan_5
    Glad you took my advice and now you have some answers.
    What visa will you apply for now?
    What sections of the application do you need help with?
    Just let me know how I can help.
  • @Alethia First I would like to thankyou fro all the help and time you are giving me
    I will be applying for a EEA Family Permit now which requires no fee.
    1- What documents should i submit with my application ? keeping in mind that my father is a pension holder from Norway currently living in Pakistan.
    2-Me and my sister are both above 20 years of age. So we should add the details in the dependent children section or Non Dependent children section of the application ?
    3- When i was checking for applying for EEA family permit there were 2 methods in 1 method it said to make an account and than fill details online and in 1 there was a form which was to be downloaded and filled. Both links are below which one should i use?
    -https://www.gov.uk/government/publications/application-for-eea-family-permit-form-vaf5
    -https://www.gov.uk/family-permit/apply
    and answers of these following questions under The realationship section for the online form:
    Do you intend to live with the EEA national permanently?
    Do you have a valid residency card or visa for an EEA member country?

    And lastly
    Please enter details of what you plan to do whilst in the UK?
  • @arslan_5
    All applications are made on line so you use this links
    -https://www.gov.uk/family-permit/apply
    Are you and your sister Norwegian passport holders? If not are you dependent upon your father?
    I dont know what you will do in the UK.
  • @Alethia
    Okay i am applying online. Yes norwegian passport holders. My sister is dependent on him and i have finished my bachelors in june.
    No i meant that my mother and father are just going for tourism so its okay if we only mention that right ?
    1- What documents should i submit with my application ? keeping in mind that my father is a pension holder from Norway currently living in Pakistan.
    2-Do you intend to live with the EEA national permanently?
    Do you have a valid residency card or visa for an EEA member country?
  • edited September 23
    @arslan_5
    Neither you or your sister is dependent on your father as you are both Norwegian citizens so you answer no dependent children
    Of course you mention you mother and father are tourists and why they are visiting the UK
    You know very well your mother does not have a valid card or visa for an EEA country.
    Yes she lives permanently with your father.

    Stop going on about your father being a pensioner it is totally irrelevant. He is a Norwegian citizen that is what is important.
    You will need to provide the following documents:
    Mothers current passport
    Your fathers Norwegian valid passport or national identity card
    Parents marriage certificate

    EEA nationals are not required to give proof of income or accomodation.
    EEA applications are free of charge.



  • @alethia thank you for answering all my questions. My application is complete. 1 last question in the application form they ask for What is the main address and contact details of where you will be staying whilst in the UK? So you sure its not necessary to provide the Accommodation bookings ?
    I can give the address of the hotel..But if we dont have to provide the Accommodation details than i am thinking of not booking the hotel because for the last 2 times we have already been charged due to cancellation of bookings before when we applied for visitor visa. So this time we are not going to Confirm the booking so that we are not charged for the cancellation fees.
    What about the flight reservations details ? Do we have to submit them or not ?
    Thankyou in advance
  • @Alethia after surfing online i came to know that we have to show proof that the EU citizen will be traveling with the person or he will be joining the person in UK. How do we show that ?
  • @arslan_5
    You show your mother is travelling with your father by showing a copy of your fathers passport and flight reservations from a travel agent.
    Just put the name of a hotel, you can book hotels that do not have cancellation fees.
  • @Alethia Okay thanks.
  • @Alethia just one more question my fathers passport is about to expire. I checked on the internet that to travel to UK your passport should be at least valid for the period that you are staying in UK. IS this correct ? or you must have a pasport which has 3 months before expiration.
  • edited September 28
    @arslan_5
    When entering the UK with either a valid passport or a national identity card issued by a EEA country. It must be valid for the whole of your stay.
    When you say about to expire , when exactly will it expire and when do you intend to travel
  • @Alethia it will expire on 6th November and my father will be back by 4th November. I guess thats okay. I completed the application today but when i printed it on the bottom of the application it says:

    APPLICANT'S SIGNATURE:
    DATE SIGNED:
    FORM COMPLETED BY: here my name is written instead of my mothers because account was created on my name i guess.

    is this going to be an issue? will i have to make a new application ? please advise i am tensed about this because i have a appointment for later this week and i think i will have to fill in a new application. Hope to get a reply from you soon.
  • @arslan_5
    You made a mistake its not your application its your mothers , it should be created in her name and she should have signed.
    Your Norwegian you dont need a visa so you cant go to the appointment
    You need a new application. Why did you not ask before making such a silly mistake?

    Are you sure you made the EEA application and paid no fee.
  • @Alethia i made a EEA application and paid no fee.. But my application is completed and appointment and everything is done..So i should just discard this and make a new application today ? She signed it and she is going to sign on printed application. Its just that in printed application in form completed by ITs written my name instead of my mothers.
    I thought the account email was mine but details were my mothers but they take the name from account settings which was mine.
  • @arslan_5
    I do not understand ,In your original post you say you created the account and you had to sign Now you say your mother will sign.
    It does not matter whose name the email is in but the account and application should all be in your mothers name . It is her application not yours
  • @Alethia Thak you for all the help. I have created a new application and printed it out it has my mothers name. Will submit the application this week. Lets hope that it gets accepted this time.
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