alternative In case of RC refusal/delays - EU directive

[Bobthemoggie]

Hi Guys,

I would like to check on below 3 scenarios:

1. Suppose If the application of Immediate family member of an EU citizen (dependent parent) is rejected, in a EU country in Schengen area. Then what is the standard time , that is provided for the appeal?
2. If passport is stamped with temporary stay permission of 6 months, (while the residence permit application is in process); then on rejection, does national authorities normally curtail the stay or family members are allowed to stay till end of temporary stay even if outcome is negative.
3. If outcome is negative at one member state, then is it possible to move to another member state & apply with them.
4. Also, in the case moving & applying with another member state, what will be the core basis of application- i.e. Living as part of same household (Bear in mind that- by that time we already would have lived for 3-4 months + past Financial dependence (in terms of regular money remitted), before that i.e. evidence of money remitted before family member joined in 1st EU state

Kindly advise on above points, as due to delay in getting any response & due to strict national rules for family immigration in current member state, I am getting ready for worst case scenario of application rejection.

Cheers

[secret.simon]

EU law may be transnational, but its implementation is through national bodies/organisations.

Given that you have asked questions about moving your family to France, Germany, Switzerland and Ireland, can you clarify which countries are inquiring about now? An answer naming the specific country would help in getting better assistance.

If you have gone through Switzerland, perhaps you may wish to assist on this thread.

[Bobthemoggie]

EU law may be transnational, but its implementation is through national bodies/organisations.

Given that you have asked questions about moving your family to France, Germany, Switzerland and Ireland, can you clarify which countries are inquiring about now? An answer naming the specific country would help in getting better assistance.

Its for Netherlands.
When we applied for RC under EU laws here, the casual response at the time of submission was, it looks straight forward case & you should get response within few weeks if not days.
Also, telephonic responses were, response should be out by 1 to 1.5 months.
But now general response tone seems to has changed (when checked on helpline) and they are telling its complex route case and it could take whole 6 months. So better preparing for worst case scenario.

Any help/experience is highly appreciated.

cheers

[gokulatti]

I would like to check on below 3 scenarios:

1. Suppose If the application of Immediate family member of an EU citizen (dependent parent) is rejected, in a EU country in Schengen area. Then what is the standard time , that is provided for the appeal? In the Netherlands, if the first decision is refused, you can appeal the decision straight away with the grounds of the appeal or you can say that you are in objection and that you shall send the grounds of the appeal later on (this can be done by you or a lawyer), this way the ind shall give you a new deadline for sending in your grounds. This should give you an idea of timeline https://ind.nl/en/Pages/decision-periods.aspx
2. If passport is stamped with temporary stay permission of 6 months, (while the residence permit application is in process); then on rejection, does national authorities normally curtail the stay or family members are allowed to stay till end of temporary stay even if outcome is negative. The " Verblijfsaantekeningen " Sticker which is placed on your parents' passport (usually valid for 6months, because the maximum processing time for directive 2004/38 RP application is 6 months) on the day of first application is only a 'stay note' that you are legally staying in the Netherlands while a decision on your application is made. The moment the application is refused, the stay note is void, but on rejection, the refusal letter should say you have 28 days to proceed further i.e. appeal or leave netherlands.
3. If outcome is negative at one member state, then is it possible to move to another member state & apply with them. Yes, you will basically have to start over again in the new member state.
4. Also, in the case moving & applying with another member state, what will be the core basis of application- i.e. Living as part of same household (Bear in mind that- by that time we already would have lived for 3-4 months + past Financial dependence (in terms of regular money remitted), before that i.e. evidence of money remitted before family member joined in 1st EU state

The basis would be that you prove family ties according to Directive 2004/38, Mainly in your case, the dependency of your parents, expect something similar to netherlands in the new member state i.e "You fall under the responsibility of the EU/EEA or Swiss citizen. You have gotten money from your family member regularly (for example, every month) while you lived in your country of origin or earlier stay. Your family member has given this money for already 12 months minimum. Only with this money you could pay for your basic needs (for example, rent, food and drinks)."

Even if your application is refused and in case, you decide to appeal within the deadline, all this time your parents would be staying legally. In fact, even if your appeal is unfounded, you could also apply for a new application at the ind, where will give you a new sticker in the passport as well.

[DingDong]

As far as stats are concerned IND have processed spouse's EU residence card in atleast 3 months duration but normally they say they will going to get back in 6 months, when did you applied in your instance ? I will say give it atleast 3 months but surely impossible IND would have taken a decision in few weeks time.

[Bobthemoggie]

Thanks guys.

But anybody has actual experience of applying for ADR (i.e. Dependent Parents of EU cit) in the Netherlands?
And how long it actually took to process the application?
And if they asked for any further documents during the process, in the Netherlands

Cheers

[Bobthemoggie]

Thanks guys.

But anybody has actual experience of applying for ADR (i.e. Dependent Parents of EU cit) in the Netherlands?
And how long it actually took to process the application?
And if they asked for any further documents during the process, in the Netherlands

Cheers

Hey Guys

friendly reminder.
Just wanted to check - if anybody has actual experience of bringing parents through EU route to the Netherlands while exercising the FOM as worker?
Also, any indication of average timescale for processing Parents application

Cheers

[Bobthemoggie]

Hey Guys,

Is it possible to apply for Type-C schengen visa, while inside schengen area.
Situation:
Family members arrived on schengen visa 7 months ago. 3+ months has passed after it has been expired.
They're awaiting RC under FM rule.

In meanwhile could they apply for schengen visa (either a Visit alongwith EU citizen/ relocation with view of exercising FM rights alongwith EU cit).
Also Is it possible to apply to EEA country such as Iceland/Norway/Switzerland, may be just for visit

thanks