France schengen visa refused plz help

[Khan70]

Dear Steven,
 Many thanks for your reply. I need someones help for appeal against the decision. I don't know what document was missing. I had 4 days off from my work. i book my room in one of the best chain hotel in Europe. I had my pay slips with me. I had My job confirmation letter. I had my travel ticket. I had enough euros with me. I contacted with TLS to find out how can i appeal they said your appeal should be in French only other wise your appeal will be refused again. My wife cannot travel with me coz she just started new job in a very Ltd company and she is not allowed to take days off.  I don't know what to do now? Please help.
 Its one of my wish to see beauty of Paris. 

[steven]

Hello, no worry, visa appeal is not that hard. Take a look at Zaragoza's comment here:

French schengen visa refused

And see a visa appeal template also here:

Schengen visa appeal template

These texts are in English, you can take them and have them translated into French, and that is it. Hope this helps.

[Khan70]

Dear Steven,

 Many thanks for getting back to me and i am sorry for late reply. I was very busy with work lets have a look at the links you sent.
Once again thanks for your help.

[Donnie]

Errr? If you have a residence card or residence permit from any Schengen country it acts as a visa. With an Italian residence card/permit you can visit France all by yourself. Just ask the immigration department or check the EU website. So you would not need a visa unless you went to a non Schengen EU country. The embassy should have refused to accept your application and the fee and told you this! Also do not turn to silly external parties for info, even those appointed by a Schengen embassy suck and are not mandatory.

If you would go to the UK with your wife you would need a visa (unless you have a residence card "family member of an EU/EAA national") but it should be free as per directive 2004/38/EC since you would be family of an EU/ EAA national traveling together.

[porsche]

Errr? If you have a residence card or residence permit from any Schengen country it acts as a visa.

Donnie, in case you refer to the following code:

TITLE II
AIRPORT TRANSIT VISA
Article 3

5. The following categories of persons shall be exempt from the requirement to hold an airport transit visa provided for in paragraphs 1 and 2:

(a) holders of a valid uniform visa, national long-stay visa or residence permit issued by a Member State;
(b) third-country nationals holding the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino or the United States of America guaranteeing the holder’s unconditional readmission;
(c) third-country nationals holding a valid visa for a Member State or for a State party to the Agreement on the European Economic Area of 2 May 1992, Canada, Japan or the United States of America, or when they return from those countries after having used the visa;
(d) family members of citizens of the Union as referred to in Article 1(2)(a);
(e) holders of diplomatic passports;
(f) flight crew members who are nationals of a contracting Party to the Chicago Convention on International Civil Aviation.

then it applies to airport transit visa only. Or, where in the code do you get that a temporary residence permit from any Schengen country allows you to go to any Schengen country visa free?

[Donnie]

Or, where in the code do you get that a temporary residence permit from any Schengen country allows you to go to any Schengen country visa free?

Dear Porsche, any Schengen residence permits gives access to the entire Schengen area (for short stays up to 90 days), acting as a visa.

Travel documents for non-EU nationals

Passport/Visa requirements
If you are a non-EU national wishing to visit or travel within the EU, you will need a passport:  valid for at least 3 months after the date you intend to leave the EU country you are visiting,
    which was issued within the previous 10 years,

And possibly a visa. Apply for a visa from the consulate or embassy of the country you are visiting. If your visa is from a "Schengen area" country, it automatically allows you to travel to the other Schengen countries as well. If you have a valid residence permit from one of those Schengen countries, it is equivalent to a visa. You may need a national visa to visit non-Schengen countries.

Source: europa.eu/youreurope/citizens/travel/entry-exit/non-eu-nationals/index_en.htm

This should also be covered in the Visa Code (not very clear I say), and the Handbook for borderguards. The handbook for embassies says:

Page 13

8.DOCUMENTS THAT ALLOW ENTRY AND/OR STAY IN THE TERRITORY OF THE MEMBERSTATES AND THAT ARE NOT COVERED BY THE VISA CODE AND THE
HANDBOOK

– National long-stay visas
The procedures and conditions for issuingnational long-stay visas (for intended stays of more than 3 months) are covered by national legislation, although holders of a national long-stay visa have the right to circulate within the territory of the Member States in accordance with Regulation (EC) No (EU)265/2010 of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 (the Schengen Borders Code).as regards movement of persons with a long-stay visa

– Residence permits
The procedures and conditions for issuing residence permits are covered by national legislation, although according to the principle of equivalence between short stay-visas and
residence permits, holders of a residence permit issued by a Member State and holders of a valid travel document may circulate for up to three months within the territories of the Member States.

Source: ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/docs/20140709_visa_code_handbook_consolidated_en.pdf

Usually people are informed by the issueing authority of a regular residence permit (regardless for how long it's issued: 1 year, 5 , indefinate, permanent) issued by a Schengen member that it allows you to visit other member states for up to 3 months.

Wouldn't make much sense if it was any different: being an immigrant residing in one Schengen state for 1 or several years and bot being allowed to cross into a neighbouring memberstate while Schengen short stay visa holders can?  

Specific types of residence cards, known as a Residence Card  for family members of EU/EEA nationals (who use or have used the Freedom of Movement rights by Directive 2004/38/EC)  even give visa free access to all EU and EEA member states. Such a residence card must explicitly state that the holder is a family member of an EU/EEA national.See:  europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm or read through articles 1-10 of the directive. Found here: eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0038

[porsche]

Thanks, Donnie. Then I think the sample story on the eu site contradicts your quotations. See here:

Code:

Sample story
Spouse needs to obtain a visa when travelling alone 
Brian, a South African national, resides in France with his Slovakian wife. 
[b]Brian holds an EU family member’s residence card [/b]issued by France. As 
his wife is busy, Brian intends to visit his friends in Cyprus alone. As he 
will travel by himself, Brian needs to apply for a visa to travel to Cyprus.
http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

Even though Brian has a residence card, he is not allowed to travel to other Schengen countries alone (without being accompanied by his wife). What do you think about it?

[Donnie]

That relates to visa free travel:  family members who have a Residence Card " family member of an EU/EEA national"  can travel visa free if they do so together with the EU spouse. To obtain such a card the EU national needs to reside in an other EU/EEA country. In this case a Slowakian national who lives in an other EU country. Together they could travel without any visa, including all other EU/EEA nations. Though the UK still has not implemented this in their national legislation, thus vilation EU directove 2004/34/EC (!!).

In all other cases, such as an alien with a normal residence permit (spouse or unmarried partner of a Slovakian national in Slovakia) they would have a residence permit. This permit acts as a visa in all other Schengen nations. A seperate visa would ofcourse still be needed for access to the UK since it's not part of Schengen.

[porsche]

Ok, thanks for the post.