Schengen: Visa Fee (EU Spouse)

Question

This is specifically about the Schengen visa fee for EU spouses.

Our visa, it seems, has already "gone through", if you will. (We were told we don't need to interview and to mail-in the passport and visa fee).

On the, already approved, application I am marked as the EU relative (read: spouse).

I, though, have two nationalities, one being of EU-origin and the other American.

My American nationality is the only one mentioned on our marriage certificate.

Now, though, we are being told that the fee will not be refunded (as we were originally told) since the marriage certificate only mentions my American nationality.

What doesn't make sense to me though is that the application and all the documents have already been approved, if there was any sort of doubt as to our relationship or my nationality wouldn't we have not been approved?

Do we really need to pay the visa fee?

Answer 1

That's all very strange so I am loath to give advice because I am not sure what's going on.

I don't really see how the consulate could waive some requirements because your wife is travelling with you and yet insist on a fee. My understanding is that it's either one or the other: Recognizing your right as EU citizen and issuing the visa free of charge or insisting on a full Schengen visa application (including visa fee, insurance, documentation on the purpose of the stay, financial means, etc.)

I don't see how some technicality regarding your marriage certificate could make any difference either. You are still an EU citizen making use of his right to free movement, regardless of any other citizenship you may have (unless you are a citizen of the country you intend to visit, of course, but that's not the case here).

The problem is that until you have the visa sticker in your passport you are at the mercy of the consulate. Even if they are wrong, it might be difficult to get this sorted out in time for your trip.

Best case scenario: You call them, point out once more that you believe they are incorrect and they relent. Worse case scenario: They actually plan on refusing the visa and are trying to trick you into paying the fee and handing over the passport to stamp it (usually you have to submit all that before you know the outcome of the application). Or they are just confused because they are not used to deal with people in your situation and paying the fee could be the easiest way to resolve the issue and get your visa in time, even though if it should not be necessary in principle. I really don't know.