I received a letter from the Defensor del Pueblo today. I had comlained about the treatment that we had received in our efforts to gain an Entry Permit for a Family Member of an EU citizen under 2004/38/EC As many will know from my sporadic updates on our situation, the Spanish Consulate in Manila is staffed by personnel who are either corrupt or incompetent, but in either case, ignorant of the Directive and its implementation. In short, as my wife, and on production of her passport and our wedding certificate, (and in my absence, a notarised letter informing them that she would be joining me), Melody should have been given an Entry Permit, free of charge. And in short, we were refused this three times (plus appeals), despite the intervention of Solvit. Even when we complied with everything that they suggested we do, they refused us again, and at a cost of at least 500 euros a time, wasted a not insignificant amount of my hard-earned wonga, and of course, a year of our marriage. I received a letter from the European Commission who stated that they should be made to return the 60 euro fee which they had charged us each time, but today, the Defensor del Pueblo informed me that they have made a recommendation to the Spanish Foreign Ministry that, having read the entire history of their actions, the refusal of a visa be revoked forthwith, (unless for reasons of national security or national health, it cannot be granted.) Melody is here with me in Spain already. Has been for four months. We are currently waiting for the decision on residency. But assuming it is granted, the gloves will come off and we will try to get a refund on our unwarranted expense and compensation for the hassle and stress. The residence permit laws dictate that I must show that I am able to support Melody, and this is possibly the only fly in the ointment because I, like other Ex-Pats and Spanish nationals, don't declare everything. They say it's so that we don't become a burden on the Spanish state. My argument would be that in no circumstances would the Spanish help us anyway, so how could we be a burden on them? I've been here for twelve years and never asked for a penny, knowing that there was no way of claiming anyway. No benefits are possible here unless contributions have been made. This applies to the Spanish too, who receive a handout of 450 euros a month once the contributed fund has been exhausted, but this further payment comes out of their pension pot. Talk about kicking the can down the road!
