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Regarding the underlined; you do not require a job before your wife can join you. However, as you are already in the Netherlands, be aware that after three months' initial residence you will need to be a worker, self-sufficient person or a student. The definition of worker is quite broad.Stuartb wrote:Hi, I am British, my wife is Kenyan, she is currently in Kenya, I'm staying in Netherlands (staying in a hostel, looking for work) my wife applied for a schengen visa at the Netherlands embassy in Kenya with our marriage certificate, her passport and a copy of my passport, then over the next couple of weeks they asked for a flight reservation from her and my ticket to Netherlands (I was in UK at the time)
Once everything was handed in they told her they would make a decision in 3 weeks (that was about a week ago) as far as i know there's no decision to be made and it shouldn't take 3 weeks
I went into the immigration and naturalisation department in Amsterdam and I was told I have to have a job before she can come here so I can prove I can support her, I mentioned the EU directive but she said no it doesn't work like that, so can each country make rules like this? or did they get it wrong? If the Netherlands embassy in Kenya decides not to give my wife the visa who can I get help from if immigration and naturalisation wont?
Thanks in Advance
For clarity, the correct term is residence card (in the English language version).emmigrator123 wrote:Hi, The Schengen visa is only short-term (3 months). For long term, you need to go to the IND in NL.
I am in a slightly similar situation. My wife is British, I am Non-EU and we are moving to the Netherlands, from the UK. My plan was to get a schengen visa to gain entry to Netherlands, and then for long-term stay apply for the Residence Permit at one of the IND offices in NL. I was issued a schengen visa by the embassy in London via the VFSGlobal company. Normally, the requirement is that I should have a return ticket showing that I am travelling with my EU spouse. However, as I am moving there long-term, I bought a single ticket for myself and my wife. I contacted the Dutch embassy before getting the ticket, and they were OK with it. During the application process, I received a call from the person dealing with my application and she wasn't sure that I qualify for the visa as I don't have a return ticket. I told her, that I am going there long-term, and therefore didn't buy a return ticket. I pointed to the emails from the Embassy showing that I am OK not to have return tickets. I received my visa 3 days later.
Once your wife is in NL, then obviously she needs Residence Permit/Card to stay beyond the 3 month limit. This is the information I gathered from the nice people on this forum and my Employers in the NL.
1) First you and your wife need to register at the Gemeente (local town hall).
2) You and your wife need to make a joint appointment at one of the IND offices. On the day of the appointment you need to submit an application for Residence Permit called "Application for verification against community law"
3) On the day of the above interview, if everything is OK with your application, your wife may get a VA (verblijfsaantekening) sticker in her passport showing that your wife is allowed to work.
For the Gemeente, you need:
1) proof of residence, like a house contract.
2) Birth Certificates with Apostille.
For IND, you need:
1) Gemeente registration.
2) Health insurance for your wife and yourself, at least a basic one.
3) Proof of funds (bank statements) for 1 year for the person who doesn't have a job.
4) Marriage certificate with Apostille.
You would do well to read directive 2004/38/EC if you haven't done so already. It defines what must do to be considered a worker, self-sufficient person etc.Stuartb wrote:Thanks, Yeah I was surprised when she said that, I guess I just have to wait for the embassy's decision now, what counts as 'worker'? as it's used as a broad term, if I don't have work after 3 months would she just be sent back? Could we just go to another EU country and start the 3 months again or she'd be sent back because she'd spent 3 months here without me working? I just hope I can find work now
They are allowed up to three weeks to decide the case. I would suggest you try not to worry yourself about a possible refusal before it even happens. If you've provided the required evidence, the visa should not be refused.Stuartb wrote:If the embassy says no to the visa who do you go to to sort it out, I just want to be prepared as I don't have much faith in them and also since the immigration people in the Netherlands said I need a job first
This is all rather unfortunate. Has she received a refusal in writing? If so, what did it say.Stuartb wrote:So my wife phoned the embassy to check if they'd made a decision (it had been over 3 weeks and they hadn't phoned) anyway they refused the visa saying she doesn't have an income and they don't think she'll go back. She put on the application that she was planning on residing in Netherlands and not going back after 3 months anyway. So what's the best step to take now I don't want this to take another month to sort out Surely it's not up to her to prove she's going back to Kenya when she's planning on living here anyway
Ok, it is and it isn't. In your case, because you are in the Netherlands already, your three-month clock has started, being a worker means that you can live in the Netherlands for more than three months (I can't remember how long you've been there).Stuartb wrote:ok thanks a lot
I thought me having a job was irrelevant to the visa, have I got this wrong all along, can they make a decision and the directive is just guidelines? or is the directive EU law which they have to follow?
The rejection of the visa appears to be completely incorrect. (The only reason I say appears to be is that you haven't got the refusal letter).Stuartb wrote:I've been here nearly 3 weeks but as you say if I'm working I can stay longer than 3 months
but the rejection of the visa seems to be based on my wife not showing she will return to Kenya after 3 months, can they refuse because of that? We told them from the start that we were going to reside here, that she wasn't planning on going back after 3 months