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The answer came back, in the native language of the Embassy, which is okay for me. Stating that the documents I had listed were okay, for a visitors visa, the local ECO did really not understand the difference between a visitors or tourist visa.

I also am looking what the difference is, any clues?

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The answer came back, in the native language of the Embassy, which is okay for me. Stating that the documents I had listed were okay, for a visitors visa, the local ECO did really not understand the difference between a visitors or tourist visa.

I also am looking what the difference is, any clues?

There is no distinction. What you want is a short stay visa type C, valid for up to 90 days.

You could also ask for a one year multiple entry visa if you think you might go back to Europe again within a year.

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The answer came back, in the native language of the Embassy, which is okay for me. Stating that the documents I had listed were okay, for a visitors visa, the local ECO did really not understand the difference between a visitors or tourist visa.

I also am looking what the difference is, any clues?

There is no distinction. What you want is a short stay visa type C, valid for up to 90 days.

You could also ask for a one year multiple entry visa if you think you might go back to Europe again within a year.

What about Travel Insurance?

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Provided you are not travelling to your home country the provisions of the Directive apply. The effect of the Directive is to give eligible beneficiaries the right to a visa.

This principle is laid down in Article 5 (2) of the Directive. It is interpreted in the Handbook for processing visa applications issued by the European Council on March 19, 2010. Part III of the Handbook deals with family members. It deals with the issue by asking three questions:

Question no 1: Is there an EU citizen from whom the visa applicant can derive any rights? In this case, I presume that is you although you have not stated that you are an EU citizen.

Question no 2: Does the visa applicant fall under the definition of “family member”? Spouse is defined as "core family member"

Question no 3: Does the visa applicant accompany or join the EU citizen?

You only need to establish these three facts. You do not need to provide proof of funds or accommodation or purpose of travel. Nor does your wife require travel insurance. Any such requirement would be an infringement of your right to free movement.

The Directive also provides:

"Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure."

This means that your spouse should be able to walk into the consulate (every facilty), request an appointment and be granted the visa in a period shorter than that which would normally be granted to non-family members.

You should not be required to go to the outsourcing agent who will charge you a fee. (You may use the service if you choose.) However, according to the Handbook for organizing visa sections of 11th June 2010,

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.

In other words, if you are not given a genuine choice to lodge your visa at the consulate directly the imposition of a service fee is unlawful.

These are your spouse's rights as a core family member of an EU citizen. Insist on them! Otherwise they are worthless.

Second this. Been there got the gong.
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Arkady - my wife applied for a Schengen Visa earlier this year at the Swiss Embassy, we did not know about the EU Directive, but she was told she could have done so and that the Thai Wedding Certificate did not need translating, Thai was fine.

It's not surprising you didn't know about the privilege for family members of EU citizens because the Swiss Embassy has carefully buried this information three layers down in its website to reduce the numbers of applicants applying free of charge. In fact you have to go through the website of their external contractor, TLS, in order to find our that you are entitled to apply directly to the Embassy without an appointment or a fee. There is no list of required documents on the website but when you front up at the embassy, you will be given a list that includes the requirement for a marriage certificate that is legalised by the government or embassy of the EU citizen's home country. I can't remember if it had to be translated, if it was not in English, French, German or Italian. However, most farang embassies will not notarise anything that is only in Thai and certainly the British Embassy will only deal with English. If you were married in the UK you would have to show a marriage certificate that is either apostilled by the Foreign & Commonwealth Office in London or notarised by the British Embassy. The latter may not be good enough because, unlike the apostille, it does not verify the document. The embassy will just certify that they have made an accurate photocopy, although obviously they wouldn't do that, if the thought the document was fake. At least with the MoFA notarised translation the British Embassy will legalised the signature of the MoFA officer, as they have a list of specimen signatures in the same way that MoFA has specimen signatures of all the consular officers.

The Swiss Embassy does not have a 3rd party as am aware all applications are done directly at the Embassy

They use TLS, same as the French Embassy, since March this year.

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In the above directive posted by goatfarmer, question number 2 sticks out

Question no 2: Does the visa applicant fall under the definition of “family member”?

Does this include "Mother in Law"?

I think family members include only spouse, children and own parents but it is in the Schengen regulations.

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Personally I absolutely draw the line at filling in any of the boxes that are asterisked on the form. Any other stuff like address of accommodation is OK to bring along, if you have it. In our case at the German Embassy I didn't have the address with me because I know that wasn't required on the form. That's why I argued about that one. The real problems start for for a Thai spouse who is not working, if the ask for evidence of employment. They have an absolute right to travel with you or to join you, regardless of their employment situation, unless they constitute a risk to public security or health. Denying that is a fundamental violation of human rights as well as EU law that several embassies seem to be perfectly happy to perpetrate on a daily basis just for fun.

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Article 2 of the Directive defines "family member"

Article 2

Definitions

For the purposes of this Directive:

...

2. ‘family member’ means:

(a) the spouse;

(b the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;

(c the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point

(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b;

These are core family members and have an automatic right of entry.

"Extended family members" do not have an automatic right but might qualify for special consideration under national law:

The Handbook provides:

"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 (sic);

• 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."

Insurance exemption is covered in the Handbook:

6.3.1. Who is exempt from presenting proof of travel medical insurance?

Holders of diplomatic passports do not have to present proof of travel medical insurance.

EN 51 EN

Family members of EU and Swiss citizens are exempted from the requirement to produce

travel medical insurance. This exemption is in line with the exemption of this category of

persons from filling in field no. 33 of the application form.

Edited by goatfarmer
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got a reply from solvit pasted below

We understand that you are a British citizen and that you are married to a non-EU national. You wish to travel to Germany and wish to know what formalities your wife should complete in order to obtain a visa to travel to Germany with you.

We can confirm that your wife has a right to apply for a Schengen visa free of charge and she does not need to provide the documents as regards purpose of travel, accommodation arrangements, financial resources and medical insurance.

Under Article 5(2) of Directive 2004/38, at the spouse of an EU citizen, your wife has a right to obtain her entry visa free of charge and on the basis of an accelerated procedure since she will be travelling with you to Germany. This Directive applies to you regardless of whether you will be traveling to Germany from outside the EU.

The rules on the issue of Schengen visas are contained in the Visa Code (Regulation 810/2009) and the Visa Handbook (Decision C (2010) 1620 final).

Part III of the Visa Handbook (Decision C (2010) 1620 final), sets out how the Schengen visa rules should be applied to family members of EU citizens. In particular, Section 3.4 specifies that the consular authorities should process visas within 15 days in the absence of exceptional circumstances. Section 3.6 of the Visa Handbook specifies that you will only need to furnish the following documents in accordance with Directive 2004/38 on residence and travel rights of EU citizens:

-proof that you are an EU citizen from whom your wife can derive her rights (by providing a copy of your passport);

-proof that your wife is a family member (by providing your marriage certificate and a copy of her passport); and

-proof that your wife is accompanying you to Estonia (for example, ticket reservation to show you will be traveling there together or a letter from your wife to confirm this).

The other documents required for ordinary Schengen visas do not apply to family members of EU citizens.

We can therefore confirm that your spouse should not need to provide supporting documents relating to the purpose of travel, sufficient accommodation, subsistence and travel insurance.

This is made clear on the standard application form for Schengen visas available on the website of the German embassy in Bangkok:

http://www.bangkok.d...ormulardten.pdf

The form clearly states:

The fields marked with (*) shall not be filled in by family members of EU, EEA or CH citizens (spouse, child or dependent ascendant) while exercising their right to free movement. Family members of EU, EEA or CH citizens shall present documents to prove this relationship and fill in fields No 34 and 35

This applies to questions 19, 20, 31, 32 and 33 on the form:

*19. Current occupation

*20. Employer and employers address and telephone number. For students, name and address of educational establishment

*31. Surname and first name of the host person(s) in the Member State(s). If not applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s)

Address and e-mail address of host person(s)/hotel(s)/temporary accommodation(s)

*32. Name and address of host company/organisation

Telephone and telefax of company/organisation

Surname, first name, address, telephone, telefax, and e-mail address of contact person in company/organisation

* 33.Cost of travelling and living during the applicant's stay is covered

The form also clearly states that the application should be free.

Under Article 9(2) of the Visa Code (Regulation 810/2009), the deadline for obtaining an appointment should as a rule not exceed two weeks. In addition under Article 23(1), the visa should be processed within 15 days of deciding that the application is admissible.

We invite you to make contact with the German consular authorities and present them with a copy of our advice so that your wife is permitted to exercise her rights as the family member of an EU citizen under Article 5(2) of Directive 2004/38 and obtain a Schengen visa free of charge and on the basis of an accelerated procedure.

In the event that this does not resolve the issue, we invite you to contact the British centre of SOLVIT, the EUs online problem-solving network to see if they can assist you in resolving this issue:

http://ec.europa.eu/...te/index_en.htm

SOLVIT is made up of civil servants in every EU Member State who try to resolve misapplication of the EU rules by the national authorities. SOLVIT aims to resolve issues within 10 weeks. You should include a copy of our previous correspondence on the issue.

You will find further information on how to contact SOLVIT at the end of this message.

In the event that this does not resolve the issue, you should feel free to contact us again so we can advise you further.

We hope this answers your query.

We remain at your disposal, should you require further information.

It seems that your case may be further dealt with by SOLVIT which is a free-of-charge network that seeks to solve problems caused by the misapplication of EU rules by public authorities in another member state. Find more about SOLVIT.

To submit another enquiry, please visit your local advice but do not reply to this e-mail.

Edit: Link removed at request of poster

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All this EU Directive is a little confusing!

As I understand it, every spouse of an EU National applies in the same way, right??

It also clearly says on the application forms that certain questions do not apply to spouses etc !

Edited by Hawkinschris
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Beano because i can relate i just want to whish you good luck. I have been through all this bureaucracy hassle and to be frank 1 time i enough for me. It cost me a lot of hairs turning grey. It should be more easy to be able to travel with your spouse.

Edited by Dancealot
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What you have to remember is that strictly speaking, the freedom of moment for the family member of an EU citizen are for the the purposes of family reunification of that EU citizen when he is exercising his treaty rights in another country.

This is normally taken to mean working in that country or running a business there, though being retired or living off your own capital are borderline cases.

So if you are just visiting a different EU country you can't really use this provision, though there is so much confusion about it you may very well get away it.

Embassies do ask for far more than they are entitled to, in some cases this is due to legacy computer systems needing things filled in. Most cases it's easier to give them what they ask than to argue the point, but if you want to be a test case and strictly enforce your rights you are free to do this. In theory the embassy themselves are obliged to process the documents for free but most will try and fob you off with their normal processing centre who will charge a small fee, normally about 25€. Again you can argue this if you want, it's up to you to work out if the time wasted is worth it. If you do argue it expect to have your documentation gone over with a fine tooth-comb.

Tom

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What you have to remember is that strictly speaking, the freedom of moment for the family member of an EU citizen are for the the purposes of family reunification of that EU citizen when he is exercising his treaty rights in another country.

This is normally taken to mean working in that country or running a business there, though being retired or living off your own capital are borderline cases.

So if you are just visiting a different EU country you can't really use this provision, though there is so much confusion about it you may very well get away it.

Embassies do ask for far more than they are entitled to, in some cases this is due to legacy computer systems needing things filled in. Most cases it's easier to give them what they ask than to argue the point, but if you want to be a test case and strictly enforce your rights you are free to do this. In theory the embassy themselves are obliged to process the documents for free but most will try and fob you off with their normal processing centre who will charge a small fee, normally about 25€. Again you can argue this if you want, it's up to you to work out if the time wasted is worth it. If you do argue it expect to have your documentation gone over with a fine tooth-comb.

Tom

Very insightful also on the other similar thread. If i knew years ago what you know i wouldn' t get into it

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All EEA nationals have freedom of movement within the EEA and their non EEA national spouse, and other defined family members, have the same rights; provided they are traveling with or to join their EEA national family member.

It doesn't matter if the EEA national is exercising an economic treaty right, going on holiday or traveling for some other purpose, their non EEA national family member(s) have the right to accompany or join them.

Economic treaty rights are clearly defined and being retired or otherwise living of capital are not borderline cases; they are clearly included in the directive.

These economic treaty rights are: employed, self employed, student, job seeker, living off independent means (e.g. retired and living off a pension).

For the directive in full click here.

The only time the freedom of movement directive does not apply is if the EEA national and their family member(s) are traveling or moving to the state of which the EEA national is a citizen; unless they qualify under the Surinder Singh ruling; i.e. have been working in another EEA sate, their non EEA family member(s) have been living there with them and state and they are now returning home

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This topic seems to be getting some good answers but the problem is that the Embassies might not adhere to the rules, thus rejecting a valid reason for a visa, then upon complaining the complaint might take some time to get addressed. Seems like some of the Embassies are not training their staff correctly. (Anyone have the email of the present Ambassador at the German Embassy?)

Also since I am sticking my neck out, what is to stop them from not even accepting the application.

I will be giving my wife the documents needed for the application under the EU Directive and also the other documentation if she cannot argue her case.

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Also since I am sticking my neck out, what is to stop them from not even accepting the application.

The only reason this situation exists is because too few people are willing to stick their neck out and the embassies know they can get away with it. Your SOLVIT email is an excellent piece of evidence. I cannot imagine the embassy would refuse it.

Edited by goatfarmer
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The wife wants to do Insurance so okay for me.

As said she is going with two files in one will be:

Application form and photo

Her current and previous passports

My passport to prove I am an EU Citizen

Marriage Certificate in Thai to prove relationship

Booking confirmation with names and flight numbers to prove traveling together

Insurance

as well as the email from SOLVIT

In the other to cover all bases will be

Hotel booking whilst in Germany

Letter from daughter about wedding

Registration in the Standesamt Krefeld to prove date of wedding

Daughters ID Card

Bank books

Letter from wife's employer

Edited by beano2274
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I would do it this way:

I would put the Insurance in the second file and submit only that which Solvit mentioned. If they insist on other documents I would produce them but state that such production was under duress. I would then report the embassy to the EU by way of petition. If the German embassy is not implementing the Directive, eight years after it was issued, despite the fact that the application form on the German embassy website makes it clear that you don't need to supply such documents (see Solvit email), they need a rap on the knuckles. It would take a year or more before the petition is acted on. But ultimately they would get the message.

Of course, I understand that your priorities and mine might be different. I want to see the law implemented. It might be that you just want to get a visa.

Edited by goatfarmer
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It's worth remembering that strictly speaking, if she is traveling with or to join you, she actually doesn't need a visa at all!

The European Commission site says

Arriving at the border without an entry visa

It's always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by any means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.

Some countries may fail to apply EU law correctly, and your family members may be denied their rights. If your family members are having difficulties getting a visa, you can contact our assistance services.

So arriving at an EU entry point with you, your passport and your marriage certificate and they should let her in.

However, to avoid possible delays while immigration staff check I would advise getting a visa beforehand.

Note that the freedom of movement regulations, and therefore the above, does not apply if entering the country of which the EU/EEA national is a citizen; except in certain circumstances such as the Surinder Singh ruling.

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So arriving at an EU entry point with you, your passport and your marriage certificate and they should let her in.

Arriving in the UK, that would almost certainly work, either from outside the EU or from mainland Europe. In either case, the problem would be persuading an airline or ferry company to let you on board. If you have your own yacht or plane, problem solved. Be sure, however, to stock up with gin and tonic so you can chill out while the IO trots off to find out what stamp to put in your passport.

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Indeed, Eff1n2ret, you are, as ever, correct. Airline check in staff will probably not be aware of the regulations, and so refuse to board a non EEA national passenger on a flight to the EEA who didn't have a visa of some sort without a long argument first; which may not be successful.

I feel surface travel is different. Whenever we have traveled by ferry or Eurostar to or from mainland Europe I don't recall the carrier checking our passports; if memory serves only French or British immigration officials have done so. But again there is no guarantee that even they will be up to speed on the rules.

So, as I said, better to get the appropriate visa.

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I have also sent a message to the office in charge of the Embassies for this particular country asking for clarification of the documents required.

A reply from the German Government office in Berlin

nothing special though, but answered within 1 day, they need further information which has been passed to them, will keep this post updated as things progress.

What further information, may I ask?

The directive is quite clear on what is required and I find it amazing that German embassy staff and their agents in Bangkok don't understand it. Even more so that their superiors in Berlin don't!

People, often rightly, complain about the UKBA; but they seem paragons of efficiency compared to your experiences with the German equivalent!

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Here is the reply for reference from the Office in Berlin

Thank you for your email to the help desk of the German Foreign Office,

dated October 29th, 2012. Your request has been forwarded to the Visa

Department of the German Foreign Office. Please be informed that the

Visa Department is not able to help or look into the matter as you did

not give us any information on your wife's identity and the place the

your staying and the Embassy. It would be highly appreciated if you

could provide me with her full name, her date of birth and her passport

number an the place where she applied for the visa in order to enable me

make enquiries and get back to you .

Here is my original email to them:

I wish to take my wife to Germany for a

family wedding, I am British, your Embassy in the country where I am

staying have asked for the following extra documents, proof of finances,

reason for travel, address in Germany. As I understand it I have the

freedom of movement as an EU National under the Directive 2004/38/EC,

which I can pass to my wife, so please inform me why your Embassy staff

are asking for this documentation. The rejection of this visa for not

giving a booking or bank books is also not allowed under the above

directive.

Please give me a list of the correct documentation that is required and

send this back to me soonest, so that the application can be made. If I

get a list and the Embassy ask me for more documentation then I will

have to report this matter to the EU Commission.

As you can clearly see there seems to be some lack of English Language skills if they are asking about a visa, when I have clearly stated that my wife will apply for. But I await their next reply.

Edited by beano2274
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It's worth remembering that strictly speaking, if she is traveling with or to join you, she actually doesn't need a visa at all!

The European Commission sitesays

Arriving at the border without an entry visa

It's always best for your non-EU family members to be well informed in advance and have all the necessary documents before starting their journey.

However, if they arrive at the border without an entry visa, the border authorities should give them the opportunity to prove by any means that they are your family members. If they manage to prove it, they should be issued with an entry visa on the spot.

Some countries may fail to apply EU law correctly, and your family members may be denied their rights. If your family members are having difficulties getting a visa, you can contact our assistance services.

So arriving at an EU entry point with you, your passport and your marriage certificate and they should let her in.

However, to avoid possible delays while immigration staff check I would advise getting a visa beforehand.

Note that the freedom of movement regulations, and therefore the above, does not apply if entering the country of which the EU/EEA national is a citizen; except in certain circumstances such as the Surinder Singh ruling.

A German immigration officer on the way out told a British friend that he needn't have bothered to get Schengen visa for his Thai wife, presumably on this basis. However, would probably have to travel on your own yacht, since airlines would deny boarding, and hope like hell that you meet this immigration officer or a like minded soul.

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I have now refreshed my memory about the reply I got from the EU Commission in Brussels after I complained to them last year about being asked by the German Embassy in Bangkok for information on my wife's employment, address in Germany etc. I also complained that the German Embassy seemed to have slyly removed the asterix from question 19 that asks for applicants’ profession on the Schengen application form downloadable from their website, clearly as a ruse to trick applicants into answering this question and put non-working wives in a quandry. I can't find my original enquiry. Thinking back I believe my enquiry didn't qualify for an answer from SOLVIT because it was post facto after my wife had already been intimidated into submitting her employment letter out of my earshot and been told she would get the visa on that basis. The idiot from "Your Europe Advice" who eventually replied weeks later seemed not to understand the question or even know that the freedom of movement provisions apply to non-EU family members, since he or she simply passed on some information from the German Embassy's website relative to visa applicants who aren't family members of EU citizens.

"Dear Mr XXXX,

Thank you very much for your enquiry.

First of all each Member State of the European Union has its own entry procedures for Non-EU citizens. There is only a harmonization for EU-citizens not for third country nationalities. So it does not matter if other EU embassies in Bangkok do have an asterix on question 19. of the Application for Schengen-Visa. Therefore there is no way to complain about this matter.

An information sheet of the German embassy according to application for a Tourist Visa says that you have to provide the embassy with the following documents:

- Completely filled out Application for Schengen-Visa

- Two identical passport photos

- Valid passport

- Proof of employment for instance a letter from the employer which shows how long she is employed there and the monthly wage

- Financial proof which shows that you are able to pay the trip by your own

Additional documents might be required.

With kind regards,

Your Europe Advice Service

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail."

Edited by Arkady
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This topic seems to be getting some good answers but the problem is that the Embassies might not adhere to the rules, thus rejecting a valid reason for a visa, then upon complaining the complaint might take some time to get addressed. Seems like some of the Embassies are not training their staff correctly. (Anyone have the email of the present Ambassador at the German Embassy?)

Also since I am sticking my neck out, what is to stop them from not even accepting the application.

I will be giving my wife the documents needed for the application under the EU Directive and also the other documentation if she cannot argue her case.

Beano, I don't think they are likely to reject your application just because you politely but firmly insist on your rights as an EU citizen and show them the SOLVIT reply, even though the Thai staff will certainly hate for it. You can always demand to see the German in charge and in my experience at European Embassies the expats usually come out quite readily. Anyway, you are covering all the bases, if you do carry a second folder with the information you are willing to hand over if you feel you need to capitulate in order to get the visa in time.

In the worst case you can always try again in a more friendly EU embassy. They don't seem to have any way to check where you went once you have entered the Schengen area and you can always produce a fictional itinerary of travel tickets and hotel reservations that have been made and then cancelled free of charge to show an immigration officer, or even an ECO at an embassy, which makes the business of checking travel tickets and hotel reservations rather pointless anyway. Thus, if you ended up getting the visa in, say, the Dutch Embassy, and enter Germany you could just prepare an itinerary to show the German immigration officer that you are spending more time in Holland than Germany, even if you not planning to go there at all. But anyway in many trips to Schengenland my wife has only been asked questions by an immigration officer once, in Norway, and that was before we had registered our marriage. I just heard of a Brit whose Thai wife was turned down by the French Embassy but given a visa by the Spanish Embassy, so they were still able to do the trip to France. I realise that we are more interested in getting the embassies to adhere to their own laws here but the ease with which some of their rules can be circumvented makes the whole thing seem rather fatuous.

Another nasty wrinkle of the German Embassy last year was that they only returned passports on Tuesday mornings between 8.00 and 9.00 a.m. which is not particularly convenient, if you are doing it yourself, and can nearly add a week to the processing time, if your visa is approved on a Tuesday.

Edited by Arkady
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