Another German Embassy bad experience

[beano2274]

This morning my MIL went to the German Embassy in order to apply for a National Visa for family repatriation.

She got into the Embassy and promptly went to Counter 11, here the woman told my MIL she needed an appointment

as she is not married to an EU National, although the following is clearly stated on the booking page for appointments

Sorry that it is in German

Sind Sie Familienangehöriger eines nicht-deutschen EU-Staatsbürgers, müssen Sie keinen Termin vereinbaren. Sie können während der normalen Öffnungszeiten der Visastelle (07:30Uhr - 10:30Uhr) vorsprechen. Dennoch empfehlen wir Ihnen, einen Termin zu vereinbaren, um unnötige Wartezeiten zu vermeiden!

When my MIL stated that she was told by us that she did not need an appointment the woman behind the counter got very annoyed and insisted

that she required an appointment and would not even look at the documents that my MIL had. Are they paid by the actual appointments that they

receive?

Just to note, I have already had emailed the Embassy and received a list of documents required, and also spoken to the Local Government office

in Munich about the requirements. All these requirements had been met.

[theoldgit]

Is the person concerned locally employed, if so I'm wondering if it's more about their perceived power over the applicants rather than the any extra cash received from insisting on appointments.

[beano2274]

Hi Oldgit, yes could be the power thing. Just annoyed that the staff do not seem to know the rules, again!!

[aussiandrew]

You should know it very intimidating for a Thai to go to Foreign Embassy with official document and expect it to go smoothly.even if they are completed.

[mgb]

Maybe the woman from the embassy was simply right.

The quoted text is for a visa for a family member of a eu citizen and not for a national german visa.

[beano2274]

Maybe the woman from the embassy was simply right.

The quoted text is for a visa for a family member of a eu citizen and not for a national german visa.

A national visa is for those who wish to stay longer than 1 year, it does not matter if you are

German or using the freedom of Movement, like I am.

The process is that the German Embassy accept the Visa application and then send a copy to

the relevant local Government office, in my case Munich, and they call me for an Interview.

Also I have the email from the Embassy explaining which Visa my MIL should apply for.

Edited February 7, 2016 by beano2274

[Maestro]

Removed an off-topic post.

[beano2274]

Received a lovely email from the German Embassy apologising for the confusion, and inviting my MIL to attend the Embassy tomorrow.

A good bit of customer service.

[mgb]

Maybe the woman from the embassy was simply right.

The quoted text is for a visa for a family member of a eu citizen and not for a national german visa.

A national visa is for those who wish to stay longer than 1 year, it does not matter if you are

German or using the freedom of Movement, like I am.

You are simply wrong.

The national visa procedure is following national german law. The visa procedure for a family member of a eu citizen is following the eu directive.

The result of a national visa procedure is a visa type D. The result for a family member of eu citizen is a schengen visa type C. Two complete different things.

Only if your MIL is not dependent on you and therefore eu law is not applicable the national visa would be the right procedure if your MIL want to stay longer.

[beano2274]

today got an email from the German Embassy informing me that as I only send my MIL 5000baht per month and she saves it that she is not dependant on me however, I argued the case that I am not aware what she does with the money, I just send it.

Also spoke to the local Foreign Registration place in Munich (KVR), they informed me that although the Embassy has the documentation the decision is made in Munich, which sounds good to me, so i have asked the Embassy to continue with the application.

[beano2274]

Maybe the woman from the embassy was simply right.

The quoted text is for a visa for a family member of a eu citizen and not for a national german visa.

A national visa is for those who wish to stay longer than 1 year, it does not matter if you are

German or using the freedom of Movement, like I am.

You are simply wrong.

The national visa procedure is following national german law. The visa procedure for a family member of a eu citizen is following the eu directive.

The result of a national visa procedure is a visa type D. The result for a family member of eu citizen is a schengen visa type C. Two complete different things.

Only if your MIL is not dependent on you and therefore eu law is not applicable the national visa would be the right procedure if your MIL want to stay longer.

if you are so sure supply links. I am supplying first hand experience.

C” category stands for a Short-term visa which allows its holder to reside in a Schengen Country for a certain period of time depending on the visa validity. This particular category, according to the holder’s purpose of the travel can be obtained in a form of:

• Single-entry visa allows its holder to enter a Schengen country only once for the certain period of time. Once you leave the certain Schengen country you entered the visa validity expires even if the time period allowed to stay in the country is not over yet.
• Double-entry visa applies for the same policy as above mentioned however you are allowed to enter the Schengen country twice meaning that for the certain period of time permitted by your visa you can enter the Schengen country, leave and enter again without any problems. Once you are out of the country for the second time the visa expires.
• Multiple-entry visa allows its holder to go in and out of the Schengen country as pleased. However this visa allows its holder to stay in a Schengen Zone for maximum 90 days within half the year, starting from the day one crosses the border between a Schengen member country and the non-Schengen member country.

Since my MIL is going to apply for an Aufenthaltskarte (Residency Card) she requires a National Visa.

From the German Embassy Website, in German of course

Wenn Sie zu einem kurzfristigen Aufenthalt nach Deutschland reisen möchten, dann beantragen Sie ein Schengenvisum (Aufenthalt bis zu 90 Tage). Für langfristige Aufenthalte beantragen Sie ein sogenanntes Nationales Visum (Aufenthalt über 90 Tage).

[mgb]

A family member of a eu citizen get a Aufenthaltskarte EU for a longstay. Basis is a visa typ C.

A family member which cannot claim eu law get a Aufenthaltserlaubnis (AE) due to national law based on a visa typ D.

For the national variant there are more preconditions to fullfill than simply exercising treaty rights.

[beano2274]

A family member of a eu citizen get a Aufenthaltskarte EU for a longstay. Basis is a visa typ C.

A family member which cannot claim eu law get a Aufenthaltserlaubnis (AE) due to national law based on a visa typ D.

For the national variant there are more preconditions to fullfill than simply exercising treaty rights.

Sorry but I had a nice conversation with the woman in the Auswartiges Amt in Berlin, a Type C is for a short stay, a Type D is for a long stay.

My mother could apply using my Freedom of Movement but then she has to show that she is reliable on me, but since she saved the money instead

of using it then this does not apply, the other one is if she is ill and requires to come here to have someone look after her this is the the German Aufenthaltsgesetz, but since she has a younger son in Bangkok we also cannot use this way.

A sneak around would be to get my MIL to Switzerland on a Schengen Visa to visit her Sister come across the border stay with us, then apply for an Aufenthaltskarte, this is nearly the same route we used with my wife.

[mgb]

Sorry but I had a nice conversation with the woman in the Auswartiges Amt in Berlin, a Type C is for a short stay, a Type D is for a long stay.

This is the procedure due to national german law. The procedure due to eu law is simply different.

My mother could apply using my Freedom of Movement but then she has to show that she is reliable on me, but since she saved the money instead

of using it then this does not apply, the other one is if she is ill and requires to come here to have someone look after her this is the the German Aufenthaltsgesetz, but since she has a younger son in Bangkok we also cannot use this way.

A sneak around would be to get my MIL to Switzerland on a Schengen Visa to visit her Sister come across the border stay with us, then apply for an Aufenthaltskarte, this is nearly the same route we used with my wife.

If your MIL cannot use eu law she cannot get a Aufenthaltskarte. She has to apply for a Aufenthaltserlaubnis (AE) on basis of a national visa typ D. One precondition for a national visa typ D/Aufenthaltserlaubnis is a german language test level A1. This precondition can only be waved in special circumstances.

[beano2274]

How about you send Links, as i have asked everyone from the Embassy to the German Foreign Office in Berlin.

[mgb]

Family reunification due to german law:

http://www.muenchen.de/rathaus/Stadtverwaltung/Kreisverwaltungsreferat/Auslaenderwesen/Familiennachzug.html

Visa for the family member of a eu citizen:

Visa handbook part III http://ec.europa.eu/dgs/home-affairs/policies/borders/docs/c_2010_1620_en.pdf

Residence card (Aufenthaltskarte) for a family member of a eu citizen:

http://www.muenchen.de/rathaus/Stadtverwaltung/Kreisverwaltungsreferat/Auslaenderwesen/Unionsbuerger-und-privilegierte-Staaten.html

[Maestro]

I find it a bit strange that the embassy did not give those links to the OP.