Schengen Visa Delay as a spouse of EU national

[Malik220403]

Hi, I'm British citizen and my wife is a Pakistani citizen. My wife has applied a short stay Schengen visa from Pakistan for Netherlands to accompany me about month and a half ago and after about two weeks later she received an email from embassy saying that her application will take 3 months to decide and I believe this is a breach of EU law under Directive 2004/38. I have already registered a complaint with Solvit U.K but they are also not really helpful and need 10 weeks to process with this complaint. Can you please advise?

[member]

Hi, I'm British citizen and my wife is a Pakistani citizen. My wife has applied a short stay Schengen visa from Pakistan for Netherlands to accompany me about month and a half ago and after about two weeks later she received an email from embassy saying that her application will take 3 months to decide and I believe this is a breach of EU law under Directive 2004/38. I have already registered a complaint with Solvit U.K but they are also not really helpful and need 10 weeks to process with this complaint. Can you please advise?

Is it your first-time application?

[Malik220403]

Yes first application

[Jane20231]

What Documents you Submitted to Support your Application ??

[Obie]

The Netherlands and Germans are usually the better of the bunch. Wondered why they said it will take that long..

[Malik220403]

The Netherlands and Germans are usually the better of the bunch. Wondered why they said it will take that long..

Obie any suggestions please.

[Malik220403]

What Documents you Submitted to Support your Application ??

List of documents which I have submitted with her application.
Hotel booking, travel insurance, flights reservation, marriage certificate, my British passport copy, application forms and U.K p refusal letter as my wife was previously refused a visit visa for U.K. I know there are certain documents are not required to submit but I knew how Third country nationals like Pakistanis being treated so I submitted some extra documents. I hope it helps umairks123

[khanmzk]

your case will be dealt as family reunification not family member of EU. becuase they know your using back door to enter UK.minimum time taken will be 6 months maximum time there is no limit.EU countries like Germany and Netherlands are very strict they are dealing all the applications from Pakistan as reunification to block Pakistanis for certain time and then refuse them with some Lame excuse.free movement directive is gone very weak i been refused 2 times one by Ireland other by Germany 2 months ago.

[Malik220403]

Thanks

[Malik220403]

your case will be dealt as family reunification not family member of EU. becuase they know your using back door to enter UK.minimum time taken will be 6 months maximum time there is no limit.EU countries like Germany and Netherlands are very strict they are dealing all the applications from Pakistan as reunification to block Pakistanis for certain time and then refuse them with some Lame excuse.free movement directive is gone very weak i been refused 2 times one by Ireland other by Germany 2 months ago.

Thanks for providing information and your experience. I've applied a Schengen Visit Visa and I've clearly stated my purpose aso let's see what the outcome is. But I was already mentally prepared for worst because I'm well aware how these western countries treat us when it comes to visas. I'm sorry to hear that you have been refused visa twice. Have u gone ahead with appeal or made contact with Solvit? Perhaps I can gather some information from your experience so if I have to face the same issue in the future then I'll have some information in hand. All the best and God bless you

[Sincejune]

Iam a British citizen and I have applied for the type c visa for my wife with French embassy. At first they refused to take our application saying why the British embassy hasn't legalised your marriage certificate when used to get British passports for our kids.

After contacting them by email and explained that the British embassies never legalise forgien documents for thier use and explaining the EU laws they changed thier mind and offered us another appointment.
It's nearly two weeks since we have submitted the application no news yet. I hope they don't delay her application by three months.

My wife was also refused for uk spouse visa more then a year ago we didn't include the refusal letter becuase on the schengen visa they only asked have been refused by any schengen country before. They never mentioned uk refusal.

Let's hope for a good outcome.

[waqasars]

Normal processing time for Netherlands (schengen visa) is 15 working days. Refusal does not have any impact on current applicaiton.

French embassy will process the application in one month. I hope they will not deal the case as family reunification.

[Sincejune]

Normal processing time for Netherlands (schengen visa) is 15 working days. Refusal does not have any impact on current applicaiton.

French embassy will process the application in one month. I hope they will not deal the case as family reunification.

Update on visa application

Visa issued today very happy. Total 10 working days.

[Jane20231]

Hey Sincejune Congrates.. I am really Happy for you..
Please let me know what exact documents you submitted..

[Sincejune]

Hey Sincejune Congrates.. I am really Happy for you..
Please let me know what exact documents you submitted..

Hi.

Marriage certificate. Her birth certificates. Me and my children British passports. British citizenship certificate. Hotel booking. Flight reservation. That's it.

[waqasars]

@sincejune Congratulation Brother. Its the good news for other forum members if they want to apply for france. What they did ask during interview?

What document did you attach for Justifications of the stay in France of the EU/EEA or Switzerland national?

Did you attach any cover letter?

[Sincejune]

@sincejune Congratulation Brother. Its the good news for other forum members if they want to apply for france. What they did ask during interview?

What document did you attach for Justifications of the stay in France of the EU/EEA or Switzerland national?

Did you attach any cover letter?

Yes we attached a cover letter saying that we want to take our children for thier birthday celebration to Disney land and we have some family in France and Holland to visit and might stay there.
Nothing in interview they asked why u going we said we have explained it in the letter they read it and said ok.

I showed 30 K uk bank balance statement they just checked it didn't take it with the application. And all the other above documents.

[That Zimbo Lad]

This is an interesting thread. I was under the impression that it was just the
Irish and INIS that were abusing free movement rights compliance, not the
French and the Dutch as well. Our story is somewhat similar. I originally applied
for an accompany visa for Ireland and we got no decision in 4 months. So we
decided to withdraw the application and apply for a Schengen instead.

BUT, with the Schengen I didn't apply as the Spouse of a British Citizen for residence
purposes, I applied as a tourist. The Schengen was issued within 3 working days. Initially we went to France for 2 weeks to see if we'd like it but we decided to settle in the Costa del Sol, Spain. We are now well on our way with the Surrinder Singh route.

That would be my advice to prospective Singhers, just apply as a tourist. Sure there will be more documentation and financials to show but if you are really serious that shouldn't be an issue. Just my 2 cents.

[Malik220403]

This is an interesting thread. I was under the impression that it was just the
Irish and INIS that were abusing free movement rights compliance, not the
French and the Dutch as well. Our story is somewhat similar. I originally applied
for an accompany visa for Ireland and we got no decision in 4 months. So we
decided to withdraw the application and apply for a Schengen instead.

BUT, with the Schengen I didn't apply as the Spouse of a British Citizen for residence
purposes, I applied as a tourist. The Schengen was issued within 3 working days. Initially we went to France for 2 weeks to see if we'd like it but we decided to settle in the Costa del Sol, Spain. We are now well on our way with the Surrinder Singh route.

That would be my advice to prospective Singhers, just apply as a tourist. Sure there will be more documentation and financials to show but if you are really serious that shouldn't be an issue. Just my 2 cents.

Which European Embassy did you apply visa?

[That Zimbo Lad]

Malik, it was the French Embassy in Harare, Zimbabwe.

[Sincejune]

Malik, it was the French Embassy in Harare, Zimbabwe.

Hi

After u went Costa del sol. What steps did u take to extend your visa? Or start ur SS route?

Did they asked u why u don't want to stay in France rather then Costa del sol.

My wife have a French shengen visa but we want to do the SS route in Netherland.

Thanks.

[That Zimbo Lad]

Malik, it was the French Embassy in Harare, Zimbabwe.

Hi

After u went Costa del sol. What steps did u take to extend your visa? Or start ur SS route?

Did they asked u why u don't want to stay in France rather then Costa del sol.

My wife have a French shengen visa but we want to do the SS route in Netherland.

Thanks.

Hi SinceJune. You are quite correct to ask about the extension of my Schengen
because since I applied as a tourist they only gave me a month. So what happened
waswhen we got to Charles De Gaulle in Paris we were armed with the directive,
Marriage Certificate, Passports, Health Insurance (mine only as non EU citizen) and
some EUR Purchase forms from Barclays as proof of self sufficiency. We joined the
EU line and the gentleman asked me "how long are you staying for". My wife responded "I am here to exercise my treaty rights". He didn't even bother to put up a fight and he just stamped my passport. We asked him why he didn't stamp an additional 60 days and he said "under the directive you have 90 days to set up without need for any extensions provided you provided me with your passports".

We were quite baffled by that and in we went. Then when we got to Spain we simply made sure that was the case at the Airport in Malaga but this being the Schengen, we didn't need to pass through Immigration again so we actually had to find the Immigration department. They confirmed the same and no they didn't ask why we chose Spain instead of France. If you would like to know Spain as we are finding out is significantly cheaper than France in terms of cost of living.

So now my wife registered our presence at the Town Hall in Benalmadena and she
also registered with the police to get her NIE number (which is like a national insurance number). Next step is to register as an Autonomo (self employed) after easter which will be next week.

I don't know if the Dutch will have the same modus Operandi but I imagine they should. I think the problem might come for you if your 1st port of entering external Schengen borders isn't through France, but that is just my opinion and my understanding from reading people's experiences on this board.

[That Zimbo Lad]

PS I know the directive says 90 days without any requirements except passports but some EU countries violate and bend the rules, like the UK was doing with refusing to recognise Article 10 RCs from other EU member states and Ireland is now with taking forever to issue accompany Section C visas. So I just expected the
Immigration Officer to make us work a bit to realise our rights but instead he was very nice and seemingly competent on EU Freemovement rights.

[Sincejune]

PS I know the directive says 90 days without any requirements except passports but some EU countries violate and bend the rules, like the UK was doing with refusing to recognise Article 10 RCs from other EU member states and Ireland is now with taking forever to issue accompany Section C visas. So I just expected the
Immigration Officer to make us work a bit to realise our rights but instead he was very nice and seemingly competent on EU Freemovement rights.

Hi. Thank you for your information.

Those are helpful information. We haven't traveled to France on my wife visa sticker it says family member/free of charge.

Dutch rules are abit strict. But we hope for the best.

[That Zimbo Lad]

PS I know the directive says 90 days without any requirements except passports but some EU countries violate and bend the rules, like the UK was doing with refusing to recognise Article 10 RCs from other EU member states and Ireland is now with taking forever to issue accompany Section C visas. So I just expected the
Immigration Officer to make us work a bit to realise our rights but instead he was very nice and seemingly competent on EU Freemovement rights.

Hi. Thank you for your information.

Those are helpful information. We haven't traveled to France on my wife visa sticker it says family member/free of charge.

Dutch rules are abit strict. But we hope for the best.

No probs. Just remember it's always a good idea to have a plan B/contingency.
Doubt you will be denied entry but you might be faced with delays at the airport
while you fight to prove your treaty rights. Goodluck