HJÆLP: Afvisning af visum til mine ægtefælle

[Moazb]

Hej alle,

Jeg er lidt stresset, min kone har modtaget afvisning af visum til Sverige.

Jeg har ingen ide hvorfor, men jeg skrev en mail, da der var gået 3 uger uden svar og de svarede at hendes visum er blevet afvist.

Hvad skal jeg gøre ? jeg er rigtig ked af det og ved ikke hvad jeg skal gøre????

[skaanebo]

Hvis I har søgt efter EU-regler, må der jo være en begrundelse.

[Moazb]

Jeg ved ikke begrundelsen, i mailen står der refusal og at de har sendt svaret med posten.

Kan man kontakte migrationsverket eller nogen i EU?

[skaanebo]

Vent på posten. Og ellers kan man jo klage gennem SOLVIT.

[Moazb]

Har klaget. Men ved ikke om det overhovedet hjælper.

EU law eller noget andet, ved ikke hvorfor de afviser. Hun fik afvist i Danmark for 2 mdr siden grundet gruppe 5, og nu i Sverige.

Kan det have nogen sammenhæng?

[skaanebo]

Hvordan kan du klage, når du endnu ikke har læst begrundelsen? Hvis de mener, hun er affilieret med terrorister kan det jo være op ad bakke at klage over beslutningen.

[Moazb]

Så kom der svar for afvisning af visum og det var at de tror ikke hun kommer tilbage

Hvad fanden, sagde du ikke skaanebo at det er kun sikkerhed for landet der kan give afvisning? Hvad skal jeg nu gøre

[skaanebo]

Har I krydset af de rigtige steder på visumansøgningen, at hun er familiemedlem til en EU-borger? For mig lyder det som om, der er søgt visum efter national lovgivning og ikke efter EU-regler.

[Moazb]

Der er var blevet krydset i de rigtige felter, at hun er min kone osv, men umiddlebart kan man godt få afvisning af visum pga. at de tror man ikke kommer tilbage. Der var også sendt in invitationsblanket og alt det lort de skulle have.

[skaanebo]

Nej, det er ikke en gyldig begrundelse, hvis der er søgt efter EU-regler, kun hvis der er søgt efter de almindelige regler.

[Moazb]

De kan jo se at jeg har dansk pas og der stod det rigtige. Derfor hovedregel enig, men de kan sagtens afvise

[skaanebo]

Har du udfyldt denne blanket? https://www.migrationsverket.se/downloa ... 011_en.pdf

Klag over afgørelsen. Det er beskrevet her:

https://www.migrationsverket.se/Privatp ... anner.html

"Så här gör du när du överklagar
Om du har fått ett beslut om visum som du inte är nöjd med kan du lämna in ett skriftligt överklagande senast tre veckor från den dagen du fick beslutet. I ditt överklagande ska du skriva vilket beslut du inte är nöjd med, varför och hur du vill att det ska ändras. Om du har några dokument som du inte har lämnat in tidigare kan du komplettera ditt ärende med dem. Ditt överklagande ska lämnas in till den ambassad eller generalkonsulat som fattat beslutet. Ambassaden eller generalkonsulatet kontrollerar att överklagandet har kommit in i rätt tid och går igenom ärendet på nytt. Om det har gått längre tid än tre veckor avvisas överklagandet och du får i så fall lämna in en ny ansökan.

Om ambassaden eller generalkonsulatet ändrar beslutet
Beslutet kan ändras om det kommer in ny information. I så fall blir du meddelad och ditt visum sätts in i passet.

Om ambassaden eller generalkonsulatet inte ändrar beslutet skickas det vidare
Om överklagandet har kommit in i rätt tid och den myndighet som har fattat beslutet inte anser att det finns anledning att ändra beslutet ska de så fort som möjligt skicka ärendet vidare. Din ansökan, beslutet och alla övriga handlingar som har lämnats in i ärendet, skickas till Migrationsdomstolen i Göteborg. Migrationsdomstolen fattar sedan beslut."

I klagen kan I henvise til håndbogen fra EU:

https://ec.europa.eu/home-affairs/sites ... 620_en.pdf

"PART III: SPECIFIC RULES RELATING TO APPLICANTS WHO ARE FAMILY
MEMBERS OF EU17 CITIZENS OR SWISS CITIZENS
(this chapter only covers issues of relevance to third-country nationals subject to a visa
requirement under Regulation 539/2001)
A. Operational instructions addressed to the consulates of Member States (cf. Part
I, point 3) except Switzerland
Legal basis: Visa Code, Article 1 (2) (a) and (b)
Under Article 21 of the Treaty on the Functioning of the European Union, every European
Union citizen has the right to move and reside freely within the territory of the Member
States, subject to the limitations and conditions laid down in the Treaty and by the measures
adopted to give it effect. These limitations and conditions are set out in Directive
2004/38/EC18 on the rights of Union citizens and their family members to move freely within
the territory of the Member States.
The right of free movement of EU citizens would not have any useful effect without
accompanying measures guaranteeing that this right is also given to their families. Therefore
the Directive extends the right to free movement to family members of EU citizens. Article 5
(2), 2nd sub-paragraph of the Directive provides that "Member States shall grant [family
members covered by the Directive] every facility to obtain the necessary visas. Such visas
must be issued free of charge as soon as possible and on the basis of an accelerated
procedure.".
As Directive 2004/38/EC represents a lex specialis19 20 with regard to the Visa Code, the Visa
Code fully applies where the Directive does not provide an explicit rule but refers to general
"facilities". However, provisions of the Visa Code that would affect the rights of family
members of EU or Swiss citizens as provided for by the Directive, do not apply to these
categories of persons either, e.g. the requirement set by Article 12 c) according to which a travel
document should not have been issued more than 10 years prior to the visa application.

17 By virtue of the EEA Agreement, Directive 2004/38/EC applies also in relation to the EEA Member
States (Norway, Iceland and Liechtenstein). The derogations to the Directive, foreseen in the EEA
Agreement, are not relevant for the visa procedure. Consequently, where this part refers to the EU
citizen, it must be understood as referring to EEA citizens as well, unless specified otherwise. 18 OJ L 158, 30.4.2004, page 77
19 These guidelines are without prejudice to national legislation and administrative rules that Member
States are obliged to adopt in order to transpose directive 2004/38/EC. 20 Member States apply the same lex specialis to family members of Swiss citizens. Consequently, where
this part refers to the EU citizen, it must be understood as referring to Swiss citizens as well, unless
specified otherwise.
EN 82 EN
This Part of the Handbook aims to provide the consulates with operational instructions on the
particular rules relating to visa applicants who are family members of EU citizens in
accordance with Article 1(2) (a) and (b) of the Visa Code. As regards the application of other
aspects of Directive 2004/38, see Commission Communication COM (2009) 313 final21.
Point 1: how to assess whether the Visa Code should be applied in full or whether the
specific rules laid down in the Directive apply.
Point 2: the specific rules on exemption of third country nationals who are family members
of EU citizens from the visa requirement.
Point.3: the specific derogations from the general rules of the Visa Code that are to be
applied when it is ascertained (under point 1) that the visa applicant falls under the Directive
and (under point 2) that there is no exemption from the visa requirement.
1. DOES DIRECTIVE 2004/38/EC APPLY TO THE VISA APPLICANT?
This point provides guidance as to the assessment of whether the specific rules relating to
visas laid down in the Directive apply.
If any of the questions below are answered in the negative, the applicant is not entitled to the
specific treatment under the Directive (cf. point 3.7).
If, on the contrary, the three questions are answered in the affirmative, it has been established
that the specific rules laid down in the Directive indeed apply. Consequently, the guidelines in
points 2 and 3 below apply.
Question no 1: Is there an EU citizen from whom the visa applicant can derive any
rights?
As third-country nationals who are family members of EU citizens derive their rights under
the Directive from the EU citizen, it must be established whether the EU citizen finds himself
in a situation covered by the Directive.
In principle, the Directive applies only to those EU citizens who travel to a Member State
other than the Member State of their nationality or already reside there (i.e. the EU citizen
exercises or has already exercised his right of free movement).
EU citizens residing in the Member State of their own nationality do not normally benefit
from the rights granted by the Directive (as there is no element of free movement). However,
the case-law of the European Court of Justice has extended the application of the Directive
also to EU citizens who return to their Member State of nationality after having resided in
another Member State, as well as to those EU citizens who have exercised their right to free
movement in another Member State without residing there – for example by providing
services in another Member State. For further information on these issues, see Commission
Communication COM (2009) 313 final22.

21 http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF. 22 http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF.
EN 83 EN
Examples:
French national residing in the United Kingdom travels to Italy.
Czech national living in the Czech Republic travels to Sweden.
Hungarian national living in Bolivia travels to Poland.
Question no 2: Does the visa applicant fall under the definition of “family member”?
‘Core’ family members have an automatic right of entry and residence, irrespective of their
nationality. Their right of entry is derived from the Directive and the national transposition
measures may not restrict these rights or the scope of ‘core’ family members.
The following persons are defined in Article 2(2) of the Directive as ‘core’ family members:
• the spouse;
• the partner with whom the EU citizen has contracted a registered partnership, on the basis
of the legislation of any Member State, if the legislation of the host Member State treats
registered partnership as equivalent to marriage;
• the direct descendants who are under the age of 21 or are dependant as well as those of the
spouse or partner as defined above; or
• the dependant direct relatives in the ascending line and those of the spouse or partner as
defined above.
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;
• 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

23 http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF.
EN 84 EN
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.
For further information on these issues, see Commission Communication COM (2009) 313
final24.
Question no 3: Does the visa applicant accompany or join the EU citizen?
As the Directive seeks to facilitate and promote free movement of EU citizens, it does not
apply to travels of the family members who have no real relationship with the movements of
the EU citizen.
Article 3(1) of the Directive stipulates that the Directive applies only to those family
members, as defined above, who accompany or join the EU citizens who move to or reside in
a Member State other than that of which they are a national. See Commission Communication
COM (2009) 313 final25.
Examples where the family member accompanies (i.e. travels together with) an EU
citizen:
• French national living in the United Kingdom travels together with Peruvian spouse to
Italy or Czech national living in the Czech Republic travels together with Russian spouse
to Sweden.
• Slovak national living in the United Kingdom travels together with Peruvian spouse to
the Slovak Republic.
Examples where the family member joins (i.e. travels later than) an EU citizen:
• Nigerian spouse travels to join his wife who is a French national residing in Spain.
• Czech national living in the Czech Republic travelled to Sweden where his Russian
spouse wants to join him later.
• French national living in the United Kingdom with a Peruvian spouse travelled to
France where the spouse wants to join him later.
2. CAN DIRECTIVE 2004/38/EC EXEMPT EU CITIZEN FAMILY MEMBERS FROM THE
VISA REQUIREMENT?
This point provides for the specific derogations from the visa requirement that applies when it
is ascertained that the visa applicant falls under the Directive (Questions no 1, 2 and 3).

24 http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF. 25 http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF.
EN 85 EN
Article 5(2) of the Directive provides that possession of a valid residence card referred to in
Article 10 of the Directive exempts third country family members from the visa requirement.
The consulate should distinguish between residence cards issued under Article 10 of the
Directive and residence permits issued to third country family members under national law.
"Article 10 of the Directive residence cards" are issued to family members of those EU
citizens who have exercised their right to move and reside freely and therefore fall under one
of the categories defined in point 1 above. Typically, such a residence card is issued to family
members of an EU citizen residing in a Member State other than that of his or her nationality:
Example:
• German "Article 10" residence card issued to the Chinese spouse of a Slovak citizen;
• United Kingdom "Article 10" residence card issued to the Moroccan spouse of a Belgian
citizen.
The same visa exemption must be extended also to those third country family members who
hold a valid permanent residence card issued under Article 20 of the Directive (replacing the
5-year residence card issued under article 10 of the Directive).
Other residence cards issued to family members of EU citizens under national legislation
concerning family reunification with own nationals (who have not exercised the right of free
movement) do not exempt their holders from the visa requirement under Directive
2004/38/EC:
Example:
United Kingdom residence card issued to the Libyan spouse of a United Kingdom citizen
living in the United Kingdom.
In addition, it should be noted that third country family members holding a valid residence
card issued by a Member State applying the Schengen acquis in full can also be exempted
from the visa requirement under Article 5 of the Schengen Borders Code, see Annex 22. The
more favourable provisions should apply.
Examples
• A Slovak citizen resides with his Chinese spouse in Germany. They travel to France. As
the Chinese spouse has a German residence card issued under Article 10 of the Directive,
there is no need for an entry visa, both under the Directive or the Schengen Borders Code.
• A German citizen resides with his Chinese spouse in Germany. They travel to Spain. As
the Chinese spouse holds a German residence card issued under national law, there is no
need for an entry visa under the Schengen Borders Code.
• A Slovak citizen resides with his Chinese spouse in Romania. They travel to France. As the
Chinese spouse has a Romanian residence card issued under Article 10 of the Directive,
she is exempted from the visa requirement under the Directive (but not under the
EN 86 EN
Schengen Borders Code).
• A Slovak citizen resides with his Chinese spouse in the United Kingdom. The Chinese
spouse holding a residence card, issued by the United Kingdom under Article 10 of the
Directive, travels alone to France. As she travels alone, she needs to apply for a visa to
enter France.
3. SPECIFIC DEROGATIONS FROM THE GENERAL RULES OF THE VISA CODE
This point provides for operational instructions concerning the specific derogations from the
general rules of the Visa Code that are to be applied when it has been ascertained that the visa
applicant falls under the Directive and that there is no exemption from the visa requirement.
3.1. Visa Fee
No visa fee can be charged.
3.2. Service fee in case of outsourcing of the collection of applications
As family members should not pay any fee when submitting the application, they cannot be
obliged to obtain an appointment via a premium call line or via an external provider whose
services are charged to the applicant. Family members must be allowed to lodge their
application directly at the consulate without any costs. However, if family members decide
not to make use of their right to lodge their application directly at the consulate but to use the
extra services, they should pay for these services.
If an appointment system is nevertheless in place, separate call lines (at ordinary local tariff)
to the consulate should be put at the disposal of family members respecting comparable
standards to those of "premium lines", i.e. the availability of such lines should be of standards
comparable to those in place for other categories of applicants and an appointment must be
allocated without delay.
3.3. Granting every facility
Member States shall grant third country family members of EU citizens falling under the
Directive every facility to obtain the necessary visa. This notion must be interpreted as
ensuring that Member States take all appropriate measures to ensure fulfilment of the
obligations arising out of the right of free movement and afford to such visa applicants the
best conditions to obtain the entry visa.
3.4. Processing time
The visas must be issued as soon as possible and on the basis of an accelerated procedure and
the procedures put in place by Member States (with or without outsourcing) must allow to
distinguish between the rights of a third country national who is a family member of an EU
citizen and other third country nationals. The former must be treated more favourably than the
latter.
EN 87 EN
Processing times for a visa application lodged by a third-country national who is a family
member of an EU citizen covered by the Directive going beyond 15 days should be
exceptional and duly justified.
3.5. Types of visa issued
Article 5(2) of the Directive provides that third-country nationals who are family members of
EU citizens may only be required to have an entry visa in accordance with Regulation (EC)
No 539/2001.
3.6. Supporting documents
In order to prove that the applicant has the right to be issued with an entry visa under the
Directive, he must establish that he is a beneficiary of the Directive. This is done by
presenting documents relevant for the purposes of the three questions referred to above, i.e.
proving that:
• there is an EU citizen from whom the visa applicant can derive any rights;
• the visa applicant is a family member (e.g. a marriage certificate, birth certificate,
proof of dependency, serious health grounds, durability of partnerships …) and his
identity (passport); and
• the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).
It is an established principle of EU law in the area of free movement that visa applicants have
the right of choice of the documentary evidence by which they wish to prove that they are
covered by the Directive (i.e. of the family link, dependency …). Member States may,
however, ask for specific documents (e.g. a marriage certificate as the means of proving the
existence of marriage), but should not refuse other means of proof.
For further information in relation to the documentation, see Commission Communication
COM (2009) 313 final26.
3.7. Burden of proof
The burden of proof applicable in the framework of the visa application under the Directive is
twofold:
Firstly, it is up to the visa applicant to prove that he is a beneficiary of the Directive. He must
be able to provide documentary evidence foreseen above as he must be able to present
evidence to support his claim.
If he fails to provide such evidence, the consulate can conclude that the applicant is not
entitled to the specific treatment under the Directive.

26 http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF.
EN 88 EN
Additional documents may not be required regarding the purpose of travel and means of
subsistence (e.g. proof of accommodation, proof of cost of travelling), which is reflected in
the exemption for family members of EU citizens from filling in the following fields of the
visa application form:
Field 19: "current occupation";
Field 20:"employer and employer's address and telephone number. For students, name and
address of educational establishment";
Field 31: "surname and first name of the inviting person(s) in the Member State(s). If not
applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s);
Field 32: "Name and address of inviting company/organisation";
Field 33: "Cost of travelling and living during the applicant's stay".
A Member State may require that the relevant documents are translated, notarised or legalised
where the original document is drawn up in a language that is not understood by the
authorities of the Member State concerned or if there are doubts as to the authenticity of the
document.
3.8. Refusal to issue a visa
A family member may be refused a visa exclusively on the following grounds:
• the visa applicant failed to demonstrate that he is covered by the Directive on the
basis of the visa application and attached supporting documents under point 3.6
(i.e. it is clear that the reply to at least one of the three questions referred to above
is negative);
• the national authorities demonstrate that the visa applicant is a genuine, present
and sufficiently serious threat to public policy, public security or public health; or
• the national authorities demonstrate that there was abuse or fraud.
In the latter two cases, the burden of proof lies with the national authorities as they must be
able to present evidence to support their claim that the visa applicant (who has presented
sufficient evidence to attest that he/she meets the criteria in the Directive) should not be
issued with an entry visa on grounds of public policy, public security or public health or on
grounds of abuse or fraud.
The authorities must be able to build a convincing case while respecting all the safeguards of
the Directive which must be correctly and fully transposed in national law. The decision
refusing the visa application on grounds of public policy, public security or public health or
on grounds of abuse or fraud must be notified in writing, fully justified (e.g. by listing all
legal and material aspect taken into account when concluding that the marriage is a marriage
of convenience or that the presented birth certificate is fake) and must specify where and
when the appeal can be lodged.
EN 89 EN
The refusal to issue an entry visa under the conditions of the Directive must be notified in
writing, fully justified (e.g. by referring to the missing evidence), and specify where and when
an appeal can be lodged.
A visa may not be refused on the sole ground that the applicant is a person for whom an alert
has been entered into the SIS for the purpose of refusing entry into the territory of the
Member States27. Before refusing to issue a visa where there is an alert in the SIS, in any
event it must be verified whether the person concerned represents a genuine, present and
sufficiently serious threat to public policy, and public security. For further information, see
Commission Communication COM (2009) 313 final28.
3.9. Notification and motivation of a refusal
Article 30 of the Directive provides that family members must be notified in writing of the
refusal. Irrespective of the mandatory notification and motivation of refusals as provided by
the Visa Code (applicable from 5 April 2011), refusal to issue a visa to a family member of an
EU citizen must always be fully reasoned and list all the specific factual and legal grounds on
which the negative decision was taken, so that the person concerned may take effective steps
to ensure his defence29.
The refusal must also specify the court or administrative authority with which the person
concerned may lodge an appeal and the time limit for the appeal.
Forms may be used to notify a negative decision but the motivation given must always allow
for a full justification of the grounds of which the decision was taken, and therefore indication
of one or more of several options by only ticking the boxes in the standard form set out in
Annex VI to the Visa Code is not sufficient in the case of refusal to issue a visa to a family
member of an EU citizen.
4. FAMILY MEMBERS OF EU CITIZENS APPLYING FOR A VISA AT THE EXTERNAL
BORDERS
When a family member of an EU citizen, accompanying or joining the EU citizen in question,
and who is a national of a third country subject to the visa obligation, arrives at the border
without holding the necessary visa, the Member State concerned must, before turning him
back, give the person concerned every reasonable opportunity to obtain the necessary
documents or have them brought to him within a reasonable period of time to corroborate or
prove by other means that he is covered by the right of free movement.
If he succeeds in doing so and if there is no evidence that he poses a risk to the public policy,
public security or public health requirements, the visa must be issued to him without delay at
the border, while taking account of the guidelines above.

27 Judgments of EJC, Cases C-503/03 Commission v Spain and C-33/07 Jipa 28 http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF. 29 Judgments of EJC, Cases 36/75 Rutili and T-47/03 Sison
EN 90 EN
B. Operational instructions addressed to the consulates of Switzerland
Legal basis
Switzerland does not apply Directive 2004/38/CE but applies the Agreement of 21 June 1999
between the Swiss Confederation and the European Community and its Member States on the
free movement of persons (AFMP).
The Vaduz Agreement of 21 June 2001 amends the Convention of 4 January 1960
establishing the European Free Trade Association and extends the personal scope of the
AFMP to cover also citizens of EEA Member States.
1. DEFINITION OF "FAMILY MEMBER" UNDER THE AFMP
Article 3(2) of Annex I to the AFMP provides that the following persons are considered to be
family members of an EU citizen30 and of a Swiss citizen:
• their spouse and their relatives in the descending line who are under the age of 21 or are
dependent;
• their relatives in the ascending line and those of the spouse who are dependent on the EU
citizen or the Swiss citizen;
• in the case of a student, their spouse and their dependent children.
1.1. Differences between Directive 2004/38/EC and the AFMP
The definition of family members under the AFMP and Swiss national legislation is less
restrictive than the one under Article 2(2) (b) of Directive 2004/38/EC. Swiss national
legislation also confers the same rights to persons who do not fall within the above definitions
(see points 2.1 and 2.2 below). The facilities are granted to family members who travel alone
(irrespective of whether the purpose of the trip is to join the EU citizen or not) or accompany
the EU citizen.)
The AFMP does not provide for the exemption from the visa requirement of family members
of EU citizens. They are, however, exempted from the visa requirement, if they hold a valid
travel document and a residence permit listed in the List of residence permit issued by
Members States, Annex 2.
2. SPECIFIC DEROGATIONS FROM THE GENERAL RULES OF THE VISA CODE
This point provides for operational instructions concerning the specific derogations from the
general rules of the Visa Code that are to be applied when it has been ascertained that the visa
applicant falls under the AFMP and that there is no exemption from the visa requirement.

30 Where reference is made to EU citizens, it must be understood as referring to EEA citizens as well.
EN 91 EN
2.1. Visa Fee
Family members of EU citizens as defined by Article 3(2) of Annex to the AFMP (see above)
and persons with whom the EU citizen has contracted a registered partnership are exempted
from paying the visa fee, according to national Swiss legislation.
2.2. Granting every facility - Processing time
In accordance with Article 1(1) of Annex I to the AFMP, Switzerland grants all facilities for
obtaining a visa to family members of EU citizens as defined by Article 3(2) of Annex to the
AFMP (see above). Based on national legislation Switzerland also grants such facilitations to
persons with whom the EU citizen has contracted a registered partnership.
The following facilitations are granted:
• visa applications from family members of EU citizens as defined by Article 3(2) of Annex
to the AFMP (see above) and persons with whom the EU citizen has contracted a
registered partnership are examined as soon as possible;
• the persons referred to above are not required to present proof of personal means of
subsistence (e.g. cash, travellers cheques, credit cards);
• the persons referred to above are not required to present an invitation or proof of
sponsorship and/or accommodation.
2.3. Types of visa issued
Third country family members may only be required to have an entry visa in accordance with
Regulation (EC) No 539/2001.
2.4. Supporting documents
In order to benefit from the facilitations provided for by that AFMP, the visa applicant must
prove that he is a family member of an EU citizen (e.g. a marriage certificate, birth
certificate, proof of dependency, …).
2.5. Burden of proof
The burden of proof applicable in the framework of the visa application under the AFMP is
twofold:
Firstly, it is up to the visa applicant to prove that he is a beneficiary of the AFMP. He must be
able to provide documentary evidence foreseen above as he must be able to present evidence
to support his claim.
If he fails to provide such evidence, the consulate can conclude that the applicant is not
entitled to the specific treatment under the AFMP.
Additional documents may not be required regarding the purpose of travel and means of
subsistence (e.g. a proof of accommodation, proof of cost of travelling), which is in line with
the exemption for family members of EU citizens from filling in certain fields of the visa
application form:
EN 92 EN
Field 19: "current occupation";
Field 20:"employer and employer's address and telephone number. For students, name and
address of educational establishment";
Field 31: "surname and first name of the inviting person(s) in the Member State(s). If not
applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s);
Field 32: "Name and address of inviting company/organisation";
Field 33: "Cost of travelling and living during the applicant's stay".
The consulates may require that the relevant documents are translated, notarised or legalised
where the original document is drawn up in a language that is not understood by the
authorities of the Member State concerned or if there are doubts as to the authenticity of the
document.
2.6. Notification and motivation of a refusal
The decision on and the motivation of the refusal of a visa are notified to the visa applicant by
means of the standard form. In accordance with national Swiss legislation family members of
EU citizens benefit from the same right of appeal as other visa applicants."

Måske er den person, der har givet afslag, ikke klar over, at der er nogle særlige EU-regler i spil her.

I kan få hjælp hos SOLVIT i Sverige til at klage: http://ec.europa.eu/solvit/index_sv.htm

[Moazb]

taak Skaanebo for loven, synes virkelig du er en stor hjælper.

Jeg har snakket med Europe direkte og de har skrevet til mig og har svaret tilbage, nu må vi se hvad de kan gøre.

Ambasaden i Islamabad svarer meget kold på min forespørgsel.

Så nu er planen at søge Eu opholdskort i de nærmeste dage og se på visum efterfølgende

[Moazb]

Jeg har snakket med Europe direkte og SOLVIT. De mener at årsagen er en eller anden artikel 7.1 ABC, hvor man skal bo mindst 3 mdr i i et andet EU land før man kan søge visum

Kender nogen til dette????

[mh1]

Jeg kan ikke få googlet sådan en bestemmelse frem. Og efter min mening findes den næppe heller. Hvordan skulle man ellers fx kunne søge om forhåndsgodkendelse?