Entry visa to Netherlands

[EUsmileWEallsmile]

I would be inclined to apply again.

Are you still working?

http://kenia.nlembassy.org/services/con ... -visa.html

What can I do if my visa application is refused?

If the visa-granting authority refuses your application, it will send you a copy of the decision explaining why. You may object to this decision in writing (not email) within four weeks of its issue (details of where to send your objection are enclosed with the decision). You may also authorise a person to object to the decision on your behalf or to represent you in any hearing. This person must have written authorisation (in Dutch, French, German or English) to do so, signed by you.

The visa-granting authority will then decide on your objection. If it decides in your favour, it will authorise the mission to issue you with a visa. If it decides against you, it will send you a copy of its decision, explaining why your objection has been denied. The objection procedure usually takes some months.

[Stuartb]

I could apply again but what's to stop them making the same mistake again? We made it clear beforehand that we wanted a visa for her to come and reside here, I asked them exactly what documents we need and they replied with certified marriage certificate and passports and I sent them a copy of the directive, It couldn't have been made any clearer to them

[EUsmileWEallsmile]

If you do nothing, you will never know. If you apply again, you might get someone more familiar with the proper procedures. You could print off the relevant pages of the visa manual.

You may have already timed out for an appeal, but by applying again you could appeal should the application be denied.

What else have you done? Have you complained to Solvit? Have you complained to the EU commission? You can do all these things in parallel.

[Stuartb]

I complained to solvit and they said apply again and if it's denied again they'll do something but it takes like 10 weeks for them to do anything
here's a department of the EU commision that looks at individual situations like this? I guess that'd be worth trying to
I emailed the embassy again the other day saying I have a room to rent and work and the directive (again) and that my wife is entitled to an entry visa so I'll see if they reply to that although I sent them a copy of the directive last time and it didn't help

[EUsmileWEallsmile]

If you are a worker residing in the Netherlands, your spouse is entitled to be with you.

I would apply again; that way you are at least forcing the issue.

[Stuartb]

We've decided to apply again at the embassy in Kenya (as there's not really any other options it seems) but as I've exercised my treaty rights is it worth applying for an EEA family permit and have my wife go straight to Britain, is working for 7 days enough to be considered exercising my treaty rights?

[the hurricane]

We've decided to apply again at the embassy in Kenya (as there's not really any other options it seems) but as I've exercised my treaty rights is it worth applying for an EEA family permit and have my wife go straight to Britain, is working for 7 days enough to be considered exercising my treaty rights?

Are you now applying at the British High Commission? I am afraid that 7 days might not be enough. But in case she gets another refusal do u have a back-up plan?

[Stuartb]

We're reapplying at the Netherlands embassy in Kenya just to see what happens as o don't know what else to do, Solvit said apply again and if it's refused they help after like 10 weeks and I went on the website of the EU commission and the email reply I've had is try Solvit so I was just wondering about the EEA way
did you mention the British High commission in relation to reapplying or for the EEA way?

[the hurricane]

We're reapplying at the Netherlands embassy in Kenya just to see what happens as o don't know what else to do, Solvit said apply again and if it's refused they help after like 10 weeks and I went on the website of the EU commission and the email reply I've had is try Solvit so I was just wondering about the EEA way
did you mention the British High commission in relation to reapplying or for the EEA way?

Oh ok, well all the best and keep us informed about the progress. Just make sure that the same mistake doesn't happen twice. Yup the case by Solvit does take long though, but in case they refuse to issue her a visa , she still can try at the German embassy ( that is more like a plan B).

[Stuartb]

Thanks, but out of interest did you mention the British High Commission I'm relation to the EEA route or the Dutch embassy route

[the hurricane]

Thanks, but out of interest did you mention the British High Commission I'm relation to the EEA route or the Dutch embassy route

Unfortunately no because you are a British national, according to Article 3 of the Directive an EEA national cannot be considered as exercising freedom of movement in their own State. However, if your wife gets her residence permit in the Netherlands as a family member of EU , then she will qualify for EEA permit ( if youa are interested in that pls check out this website for Uk http://www.ukba.homeoffice.gov.uk/polic ... /#header14 )

[Stuartb]

Yeah under EUN2.14 it mentions I have to be exercising my treaty rights or have exercised my treaty rights by residing in another EU country, I've worked here (albeit for short amount of time, and I'm currently renting a room, does that not count as exercising my treaty rights? And the way it's worded, it seems there's a possibility my wife can come straight to Britain, if I've previously exercised my treaty rights

[the hurricane]

Yeah under EUN2.14 it mentions I have to be exercising my treaty rights or have exercised my treaty rights by residing in another EU country, I've worked here (albeit for short amount of time, and I'm currently renting a room, does that not count as exercising my treaty rights? And the way it's worded, it seems there's a possibility my wife can come straight to Britain, if I've previously exercised my treaty rights

No no you and your non- EU family have first to live in another EU country because if that was the case then everyone would have done the same thing. I am sure other forum members will comment on that as well. but I am 95% sure about this.

[EUsmileWEallsmile]

We've decided to apply again at the embassy in Kenya (as there's not really any other options it seems) but as I've exercised my treaty rights is it worth applying for an EEA family permit and have my wife go straight to Britain, is working for 7 days enough to be considered exercising my treaty rights?

You need to have worked in another member state and your spouse has to have lived with you in order to benefit from Singh.

[Stuartb]

So my wife went to reapply on Tuesday and was told by the embassy that it was pointless to reapply until she showed them her financial situation and could prove that she would return to Kenya and when she tried explaining that she has a right to join me here they told her to stop arguing with them or she'd never get a Visa here, they said she's trying to 'run away' from Kenya, I guess that's their take on someone wanting to go and live with their spouse, this isn't getting sorted any time soon it seems

[nobodysperfect]

So my wife went to reapply on Tuesday and was told by the embassy that it was pointless to reapply until she showed them her financial situation and could prove that she would return to Kenya and when she tried explaining that she has a right to join me here they told her to stop arguing with them or she'd never get a Visa here, they said she's trying to 'run away' from Kenya, I guess that's their take on someone wanting to go and live with their spouse, this isn't getting sorted any time soon it seems

Have you made an appeal against your initial refusal? Are you still working? Is your marriage certificate from Kenya and if yes has is it been certified by the authorities there? You should get your marriage certificate apostille as the first thing first. Without an apostille they will not accept your family member as a family of EU national. It also seems they have already requested this from you. Also add any evidence of your jobs, stay in the netherlands with your application. If you havent made an appeal,your best bet is to reapply with above mentioned documents and then appeal if your application is refused again.

[the hurricane]

So my wife went to reapply on Tuesday and was told by the embassy that it was pointless to reapply until she showed them her financial situation and could prove that she would return to Kenya and when she tried explaining that she has a right to join me here they told her to stop arguing with them or she'd never get a Visa here, they said she's trying to 'run away' from Kenya, I guess that's their take on someone wanting to go and live with their spouse, this isn't getting sorted any time soon it seems

Dear Stuartb,
I am not surprised at all what the embassy staffs have told your wife. Bear in mind that theory is always different practice, I am not sure but I think you are just complicating matter. If you want the embassy to issue your wife a visa at the Dutch embassy in Kenya, you will need to do the following;
- Get the name of the staff that refused to take your wife application, and contact the Dutch ministry of foreign affairs. Explain in your letter that you want to exercise the EU treaty but the staffs at their embassy aren’t applying the EU treaty properly. Usually, the ministry will contact their embassy, and most cases the embassy will contact your wife.

- You should also try to contact Solvit and complain about it.
As I have already told you this may take a while, and I know some of forum members are encouraging you to re-apply but believe me the outcome won’t change as long as there is no intervention from any of the institution mentioned above. The embassy staffs are aware that your wife is correct but they just don’t want to issue her a visa. To sort it out won’t be easy as many think. Here is my last advice to you, try in Germany or tell your wife to go to the German embassy to ask which document will be needed for a spouse of EU national. You will see that they will issue her a visa without any difficulty, and none of the bank statement will be required.

[nobodysperfect]

You wife may apply with the below Mentioned documents.

She will need to legalize the marriage certificate with the Kenyan Ministry of Foreign Affairs and with this embassy for Purposes of Registering your marriage in the Netherlands.

Regards
C.Kamau
Consular Section"



Any advise?

This is correct. The embassy has a right to ask for a legalised marriage certificate without which your wife will not be classified as family of EU national. Dont waste your time with Solvit as they would explain the same thing to you in 10 weeks time.

[Stuartb]

to nobodiesperfect
My wife got our marriage certificate certified with the Kenyan ministry of foreign affairs and the Netherlands embassy in Kenya. We've done what we've needed and more when they've asked for it, I think it's possible they're doing this out of spite now


To thehurricane
I emailed someone I found on the EU commission website who suggested Solvit, I'll try emailing the Netherlands ministry of foreign affairs as you said, I've emailed Solvit as well just in case they can do something, I'll tell my wife to apply at the German embassy but what should she say if they ask about the marriage certificate being certified by the dutch embassy (I assume there's something on the marriage certificate) and also about the refusal from the dutch embassy

Thanks for the replies so far

[the hurricane]

to nobodiesperfect
My wife got our marriage certificate certified with the Kenyan ministry of foreign affairs and the Netherlands embassy in Kenya. We've done what we've needed and more when they've asked for it, I think it's possible they're doing this out of spite now


To thehurricane
I emailed someone I found on the EU commission website who suggested Solvit, I'll try emailing the Netherlands ministry of foreign affairs as you said, I've emailed Solvit as well just in case they can do something, I'll tell my wife to apply at the German embassy but what should she say if they ask about the marriage certificate being certified by the dutch embassy (I assume there's something on the marriage certificate) and also about the refusal from the dutch embassy

Thanks for the replies so far

Stuartb,
When you are dealing with the government institution it is highly recommended to write a formal letter with a signature because it gives more credibility (I am not underestimating the ability of the technology). Because in the letter you can give them a deadline whilst most emails are read by just receptionist who doesn’t the EU law very well or they can just forward it to the second line which will take another 6 weeks. So, it is better to send a letter with your signature through post and give them a dead line of 4 weeks otherwise you will complain by the European Commission.
Certify a document is just a proof that the embassy has confirmed the authentication of the document, so that shouldn’t be a problem. About the refusal, she should tell the truth why the application was refused (in most cases this will not affect your application). However, you should write a cover letter wherein you explain that you are a British citizen and would like to visit Germany for 2 weeks for instance with your wife and would like to exercise EU treaty ( include a certified copy of your passport). That’s it and no bank statement or contact information of employer will be asked. Good luck!!

[Stuartb]

If the German embassy asks, should she say she's returning to Kenya after the visit, they might not ask but just in case they do?

[EUsmileWEallsmile]

So my wife went to reapply on Tuesday and was told by the embassy that it was pointless to reapply until she showed them her financial situation and could prove that she would return to Kenya and when she tried explaining that she has a right to join me here they told her to stop arguing with them or she'd never get a Visa here, they said she's trying to 'run away' from Kenya, I guess that's their take on someone wanting to go and live with their spouse, this isn't getting sorted any time soon it seems

You need to stop taking this nonsense from them. Apply with the required documentation and appeal if necessary.

[Stuartb]

They've already said they're going to refuse if she doesn't show proof of her financial status, so we should reapply knowing it will fail then appeal or would just applying at the German embassy be easier and quicker?

[EUsmileWEallsmile]

If the Germans issue one, great. As you appear to have timed out in terms of appealing your original rejection, it is open to you to reapply.

[the hurricane]

If the German embassy asks, should she say she's returning to Kenya after the visit, they might not ask but just in case they do?

@ Stuartb: in case the embassy asks whether she is planning to come back «she should yes» , that won’t affect her application and they are not gonna ask her to show her bank statement. But, bear in mind the embassy staffs will always try ask for unnecessary document, which irrelevant. So, your wife shouldn’t fall into their trick in case that happens. It is always better to show them that you know right (personally I don’t think that will happen as I have helped many people with this and never had any problem). Maybe this link might be useful in case they are playing hard: http://ec.europa.eu/justice/citizen/fil ... _ec_en.pdf) because it literally states on their official website that “family members of EU cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate”.