schengen visa Family member

[MaprangHolmes]

What does actually constitute a family member when applying for a Schengen visa? I understand a bit of it but not really  Directive 2004/38/EC.

 

I would of thought a family member would be classed as the following:

 

Wife / Husband

Partner 

Mother / Father

 

But I am unsure if this is correct.

 

Anyone got the definitive definition of a family member please

[7by7]

From the directive itself:
 

Quote

 

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

 

 

In addition under Article 3 Beneficiaries it says

Quote

2.   Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:

(a) any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;

( b ) the partner with whom the Union citizen has a durable relationship, duly attested.

The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people.

 Which means that if the host state's national law recognises these people as being family members then they should be treated as such for the purposes of the directive.

 

This is of particular importance when it comes to unmarried partners, covered by point ( b ) above.

 

The UK defines unmarried partners as a couple who have been living together in a relationship akin to marriage for at least the past two years; so they would fall under the directive. Other countries have different definitions, and the couple would have to meet the definition of the country concerned.

Edited January 29, 2017 by 7by7

[MaprangHolmes]

Thank  you, so I assume that because she is not financially dependent she would not be classed as a family member.

 

I wonder if I was to say transfer £600 and say that is a yearly contribution to her financial needs if they would accept it and then calls her as dependent?

 

 

Taking the assumption that her other daughter paid the same amount of money. So the mother could show a bank statement showing the £600 going into her bank account.

 

Anyone got an ideas on this?

 

Thank you 

Edited January 29, 2017 by MaprangHolmes

[7by7]

I assume that we are talking about your mother in law again.

 

I strongly advise you not to lie in any visa application

 

Claiming that she is dependent upon you and/or your wife and using monies paid to her by another daughter as 'evidence' of this is attempting to obtain a visa by deception and will have grave consequences if discovered.