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we submitted to solvit only, refusal letter and visa form but I can email them with our application reference number to home solvit PolandOmi00007 wrote: ↑Mon Apr 16, 2018 5:41 amFirst thing you should definitely contact SOLVIT ASAP, as they can take up to 10 weeks to help.
In our case when I lodged a complaint online with SOLVIT, I submitted all the same documents that I submitted with my spouse's application. This will help them understand that you fulfilled all the requirements and more.
Secondly, I would recommend submitting an appeal to IND. We also submitted travel insurance and hotel booking for our stay.
If you don't mind, can you post the cover letters, flights and application you and your spouse submitted in support of your application? omitting any personal information, of course.
It's really strange that they are asking for financial proof of your spouse. To me, it feels like there has been some confusion, as you state that you will be looking for a job when you get to the Netherlands and the embassy is asking for proof of financial stability for your spouse.
today we recievd an email and i signed it and email them declaration form and fax them tooOmi00007 wrote: ↑Mon Apr 16, 2018 3:03 pmInitially once I lodged the complaint online, I received an email to sign a declaration for my personal details to be shared with EU Commission etc the next day. After that I didn't hear anything, even after sending several emails and calling the UK SOLVIT office twice a week.
However, after 3 weeks we received a call from the Embassy to resubmit our docs and UK SOLVIT office claimed that they were behind the Embassy reviewing their decision in our case.
So definitely worth filing a complaint and it doesn't take more than 10mins of your time.
gokulatti wrote: ↑Tue Apr 17, 2018 12:18 pmFrom, the rejection letter that you have posted from the IND, you have applied for a entry visa for your TCN spouse under the directive but for the long term stay ( not as someone who wants to come for a temporary visit for example as a tourist and go back), the directive only gives 3 months unconditional stay in any member state other than your own. given that your application was intended as something of a more long term stay as in an entry clearance for a residence application you are also supposed to satisfy that you are/going to exercise treaty rights (i.e work, self employed) or have the means of subsistence to take care you as well as your spouse even after the initial 3 months.
If I were you I would put the same application along with evidence of funds as subsistence for the both of you while you look for jobs for at least a year.
As much as we want to see the immigration officers more empathetic to the applicants, they have certain rules and guidelines they have to adhere to so they take in to, in almost all cases, the worse case scenario. in your case- what if the sponsorer (you -the EU citizen) doesn't find a job in the six months, will she depends on the dutch public funds for her spouse, do they have enough funds to take care of themselves, is this a workaround to polish domestic law, is this marriage of convenience) these are the questions their guidelines or rather their invisible checklist asks them to ask. I know its very hurtful and painful on the applicants part, but this is the world you are trying to bring your spouse in to. Therefore I suggest thinking ahead and give them proof of everything they might think of even though the text book doesn't ask for it.
based on this refusal what do you think which documents we should attach?gokulatti wrote: ↑Tue Apr 17, 2018 12:18 pmFrom, the rejection letter that you have posted from the IND, you have applied for a entry visa for your TCN spouse under the directive but for the long term stay ( not as someone who wants to come for a temporary visit for example as a tourist and go back), the directive only gives 3 months unconditional stay in any member state other than your own. given that your application was intended as something of a more long term stay as in an entry clearance for a residence application you are also supposed to satisfy that you are/going to exercise treaty rights (i.e work, self employed) or have the means of subsistence to take care you as well as your spouse even after the initial 3 months.
If I were you I would put the same application along with evidence of funds as subsistence for the both of you while you look for jobs for at least a year.
As much as we want to see the immigration officers more empathetic to the applicants, they have certain rules and guidelines they have to adhere to so they take in to, in almost all cases, the worse case scenario. in your case- what if the sponsorer (you -the EU citizen) doesn't find a job in the six months, will she depends on the dutch public funds for her spouse, do they have enough funds to take care of themselves, is this a workaround to polish domestic law, is this marriage of convenience) these are the questions their guidelines or rather their invisible checklist asks them to ask. I know its very hurtful and painful on the applicants part, but this is the world you are trying to bring your spouse in to. Therefore I suggest thinking ahead and give them proof of everything they might think of even though the text book doesn't ask for it.
thank you for providing such valuable info, can it be like this we applied for the visa for 90 days and 1450 into 3 months equal to 4350? and we mention on appeal that for 3 months it will be enough if we cant find the job we will be back? honestlh we dont have such amoutn 17k for a year with us now !gokulatti wrote: ↑Wed Apr 18, 2018 9:44 amAll the documents you have given are more than enough except for the proof of funds for living expenses for atleast a year, please provide a bank statement of either you or your spouse for xxxx euros for a period of 12 months. As a benchmark, you can take the dutch national average for a couple to be around 1450e per months, that's roughly 17400e for a couple for a year. If you do not have these funds readily available, you can also show equivalent proof of income from any other source for example, income from assets etc.
we tried polish domestic law last year he got same two refusal which he got now purpose of stay and intention to leave eu any way as far as we understand, that write an appeal and wait for an answer from solvit ,these are the refusals which cannot be legally given to family member , according to directive, some member on this forum advised us to apply for tourist visa application rather then directive with hotel booking and other documents , i dont want to look desperate by applying for tourist but do you think we have any options now ?gokulatti wrote: ↑Wed Apr 18, 2018 2:25 pmI am sorry, Immigration rules doesn't work that way even if what you say makes sense. The first three months are unconditional anyway so it is not even required to show funds for those 3 months so to speak. what you have done is applied for entry clearance (MVV) for long term residence permit which obviously is for more than 3 months. Therefore, the immigration officer are allowed to look in to the long term subsistence of your situation among other things including health insurance for self sufficient couples which would be ideally 100e per month for each living in the house hold. Talking about we will go back if you do not get a job after the initial few months makes your case look weaker holding in to question the seriousness of your immigration plans for your spouse in the eyes of the case officer. invoking EU law. Once a visa has been issued and as a couple you both move to holland/EU, the immigration official just cannot remove the TCN national that easily and the TCN gets full rights based on being a family member, even if you say you will go back if you don't get a job. They are aware of this.
The funds can also be a bank loan for living expenses or a guarantee. If you have problems with invoking EU law, did you try to apply for a visa under polish domestic law? you can always make necessary plans later on about your plans to move to holland after the TCN has come to poland.
yes sir it was a refusal under polish domestic law we applied one time national and one time schengen in polish embassy but didnt get visa last yeargokulatti wrote: ↑Thu Apr 19, 2018 10:02 amI believe that if you had got refusal under polish domestic law last year, it most certainly will NOT be under the directive (polish in poland) nevertheless given what you guys have been through in light of the pending appeal process, I would suggest you sit tight and see it through. however as i suggested xxx funds would be really helpful for your appeal process as well during the solvit stage. However you should be aware that SOLVIT cannot interfere IF the case drags on to the judiciary following the appeal process.
gokulatti wrote: ↑Thu Apr 19, 2018 4:03 pmSOLVIT is an organisation which advises and does not enforce the IND. If your appeal process is unfounded, which can take upto 6 months btw, during this process if solvit is involved in your case they liaise with IND on your case and advises them what is the correct way to go, If IND does not agree, then you will reject the appeal, then your only option is to proceed to district court in Netherlands, for which in the appeal-rejection letter you will have details on how to contact the judiciary, If you do decide to go down this route, then you call the matter as being with the judiciary (courts), once you take the case to courts SOLVIT cannot interfere anymore, which they would have told you already I assume.
P.S. In our personal case, initial application was rejected, appeal rejected, went to district court we won, but IND still disagreed so they took it to appeals court, meanwhile our circumstances changed in our favour so IND was satisfied and gave us the permit as a consequences we withdrew from the appeals court as we considered the matter settled but had to forgo the legal fees granted by the district court which was ALOT!. whole process took almost 2 years!
no sir, still waiting for the reply from solvit ! there reply deadline is 5th of july
MAGDA-PL wrote: ↑Thu May 24, 2018 10:08 amno sir, still waiting for the reply from solvit ! there reply deadline is 5th of july
we submitted complain on solvit website 15th of april
on 26 of april solvit poland forwarded our case to solvit netherland
since 26 of april we didnt heared anything.
now its 26 of may one month passed for solvit netherlands still no reply , yet
Omi00007 wrote: ↑Thu May 24, 2018 10:26 amHave you contacted SOLVIT for an update since they forwarded the case to SOLVIT Netherlands? If not, I would recommend emailing and calling them to get an update on the matter.
We submitted our complaint on 08-03-2018 then didn't hear anything from SOLVIT UK but we did get a response from the embassy of Netherlands on 28-03-2018. I think from complaint to getting the visa it took about 2.5 months.
MAGDA-PL wrote: ↑Thu May 24, 2018 10:08 amno sir, still waiting for the reply from solvit ! there reply deadline is 5th of july
we submitted complain on solvit website 15th of april
on 26 of april solvit poland forwarded our case to solvit netherland
since 26 of april we didnt heared anything.
now its 26 of may one month passed for solvit netherlands still no reply , yet