2004/38/EC appeal timeframes

[Two9A]

There appears to be a dearth of information relating to how long it takes for rejected Schengen visa applications under 2004/38 to be appealed, so I'll kick things off:

I'm a UK citizen moving to the Netherlands, and my wife is in Pakistan; she applied through VFS Global. Her application was rejected for want of an apostilled marriage certificate, which was then sent with a reconsideration letter to the address provided.

Submission: May 1, 2017
Decision reached: May 21, 2017
Document pick-up: May 23, 2017
Appeal sent: May 31, 2017
Appeal arrived at IND: Jun 6, 2017
Decision reached: ???

Obviously, it'd be great if other people who've been through the appeals process (for the Netherlands or other Schengen members) could chime in with their experiences; I've seen timescales elsewhere on the Internet of everything between a week and three months, the person who drafted the reconsideration letter stated a six-month timeframe, while VFS stated two months.

[waqasars]

It could take around 3 month to process your appeal.

[Two9A]

It could take around 3 month to process your appeal.

Mm, this is what I've been able to gather from whispers and rumours elsewhere, so I'm prepared for it to take a while.

What there doesn't appear to be anywhere, is data: people who've been through the appeals process for a Schengen 2004/38 application, and are able to say how long the appeal took. That's what I'm hoping this thread can be: a repository of data for cases that have been replied to, with timescales.

[gokulatti]

As someone who has gone through the objection/appeal process, as well as judicial process extended over 2 years in The Netherlands/Norway. I can give you an idea. The maximum time allowed for a directive 2004/38 is 6 months to come to a decision, this time starts from the date you put your application, either in the respective consulates or at the IND here in holland. Usually, I have also observed two clear things, They (IND) grant your application if its straight forward within 2 months, they also refuse your application if it is straight forward (as in, unable to prove family ties, in your case, legalized marriage certificate etc.) within 2 months. Also, the period you put your application also matters, i.e. summer vacations, xmas holidays... all this adds time. Nevertheless, you should always consider the maximum time allowed.

Now, for the appeal process, Read this https://ind.nl/en/Pages/decision-periods.aspx

"Regular application
You have to submit an application for review within 4 weeks after the date of the letter refusing your application. The IND will decide on the application for review within 19 weeks. The decision period of 19 weeks always starts on the last day on which you are able to submit an application for review. Even if you submit the application for review earlier. This decision period can be extended by a maximum of 6 weeks.

Is the application for review not yet complete? You then have 2 weeks to send the documents. You or your lawyer will receive a letter about this. Your decision period will then extend by 2 weeks. The decision period can be extended by a maximum of 13 weeks if research is required."

Appeal process usually takes almost the entire time. Personally in my case, our first application was refused on april 7 2016, and make objection on may 6th 2016, got the decision of objection on Aug 15th. So except atleast 3 months.

[Two9A]

It's been a while, but we've finally had word regarding the appeal. Timeframe updated as follows:

Submission: May 1, 2017
Decision reached: May 21, 2017
Document pick-up: May 23, 2017
Appeal sent: May 31, 2017
Appeal arrived at IND: Jun 6, 2017
Decision reached: Aug 3, 2017

At this point, the letter of notice was lost in the post, so we didn't receive notification.

Appeal timeframe passed: Sep 12, 2017
Decision retrieved from IND Kuala Lumpur: Sep 14, 2017

Appeal was denied, no reason given. So we're applying afresh, wish us luck.