My g/f submitted her application for a settlement/family permit on the 27th Sep. The Spanish embassy (SP) told us they needed to contact Madrid as they knew nothing about the European Parliament and Council Directive 2004/38/EC. allowing family permits for cohabiting couples. They told me to it would take about 7 days and to phone back then (4th Oct). I phoned and they told me they had faxed Madrid and were waiting for a reply. I couldn't speak to the visa officer as he was not in the office on that day. I phoned again the next day to learn that they only faxed Madrid the day before. It took them a week to get the papers together before they could send the fax. I was told to wait 7 days (again) So I phoned again on wednesday 11th Oct to be told that they were still waiting for a reply to the fax, telling me that it usually takes longer than 7 days to receive a reply from Madrid and to leave it until next week!

How long can they fob me off? are they going to say the same next week? I told them that if Spain didn't know about the directive that they are in breach of the deadline as the directive states,

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 2006

I suggested that perhaps the European Parliament should be notified about this breach. This made the guy seem to panic a bit as he said

oh oh, you would have to write to them, bla bla.

I told him that I didn't need to write as I would just email them. having said that I have no idea who I would email to complain to, does anyone know???

Is there anything I can do or say to speed them up as I feel they are going to try to fob me off forever!

Cheers

Phil

Phil,

The Spanish are under an obligation to deal with your girlfriend's application as quickly as reasonably possible; it should not be placed in a queue for consideration. As they are, perhaps, unsure of the rules and regulations, it is reasonable that they have some time to actually establish whether your girlfriend falls within the parameters of the legislation.

The length of time is not necessarily cast in stone, but I would suggest that you give them up to a month, but keep chasing them. Ultimately, you can claim that they've infringed your freedom of movement within the EU by failing to give your girlfriend a family permit. However, if she does not qualify, such a claim would be bound to fail.

If the Spanish refuse your girlfriend's application, they should give your girlfriend a right of appeal, and that would be your intial recourse. Only once you have exhausted all national measures would the European Court entertain and application to them. At that point, you would certainly need a lawyer, specialising in European law. You might also consider asking one of your MEPs for assistance.

Scouse.

Hi Scouse, thanks for your reply. I guess I'll have to give them until Monday and phone them again, and if they have no news from Madrid I'll just have to keep nagging them! I don't know why the guys in Madrid take so long to reply.

cheers

Phil