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Visa denial by Spain Embassy in Dakar

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itha885
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Posts: 1


« on: July 17, 2014, 11:32:53 am »

Afternoon!

This is my first time dealing with a schengen visa, I myself is a Swedish born citizen and my husband is a Liberian born citizen, he is studying at a university in Gambia and on the 30th of June he submitted his application at the Spanish VFS application center in Dakar (Senegal), he had all necessary documents, document from his university, insurance, bank statements, invitation from me etc; he had everything required besides his return ticket.

So the man at the application centre told him, dont worry about it, you will still get it, just bring it on the day you pick your passport up and he knew that was the same day we were suppose to fly. So on the 8th of July when he comes to pick it up, all they hand him is a folder which says visa denied cause of not proving to return home.

So they send him to the main embassy, where a man (who works in the embassy) writes a letter for him, stating that he needs to be here with me and a few other things before returning to continue his studies and it has 2 Spanish embassy stamps on it, telling him, he only needs that letter, his passport copy and the information about the denial. He wanted to submit his return ticket, but the man told him its not necessary and that he shouldnt worry about it. (I feel like I heard that before.....) Unfortunately I am in Sweden so I am not able to be there with him.

Now... This is very curious to me. Because they told him, within one month if you hear nothing from us, it has been denied. But what baffles me is; how can they tell him that his return ticket is not necessary if thats what they denial was for in the first place? So i emailed a letter to the consulate including his original return ticket and explained the situation but of course I have not yet recieved no answer and when you call their number you only get to the front desk and you can not talk to the people who actually deal with your documents.

Its been 5 working days since he submitted it, does anyone have experience of something similar? And does anybody know the average time for an appeal? And what can I do to help to contribute to a granted visa? I havent seen my husband in 2 months now and its very difficult I barely sleep at night.

I appriciate any help!
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« on: July 17, 2014, 11:32:53 am »

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apapunas
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Posts: 49


« Reply #1 on: July 21, 2014, 07:53:52 am »

Hello, I feel sorry for your husband ans his experience. I wish consulates were able to provide better service too. The visa appeal decision proces varies by country, it usually takes 30 or 60 days. In regards to the advice you have received, my suggestion is to believe only what you get in writing. If you rely on something someone says, you can't prove it, the other side can change his mind too, claim the statement was given in error, etc.
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Donnie
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Posts: 9


« Reply #2 on: August 09, 2014, 10:31:59 pm »

First of all, the visa could not be denied if your husband identified himself as a spouse of a EU/EAA citizen traveling to any EU country that the EU spouse is not a national of. It also should have been free. You are covered by directive 2004/38/EC:
- europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm
- eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0038 (pdf on several languages)

And secondly service providers are best to be avoided!
TLS and VFS are not mandatory for Schengen visa's! Applicants are at all times entitled to a direct application at the Schengen embassy in question. Many seem to promote the use of an external service provider (often VFS Global or TLS Contact) but this can not be required. For both reservations and actual applications you can always contact an embassy directly. Legal basis: article seventeen of EU Regulation 810/2009. Embassies are actually required to give an applicant a clear and genuine choice between a direct application and using a service provider such as VFS.

The handbook says:
"Direct access: Maintaining the possibility for visa applicants to lodge their applications directly at the
consulate instead of via an external service provider implies that there should be Maintaining the possibility for visa applicants to lodge their applications directly at the
consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities. Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for
obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice. The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider."

More info and PDF sources:
ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm

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