Entry visa to Netherlands

Stuartb · Post by **Stuartb** » Fri May 03, 2013 12:33 am

Ok thank you all for the advice, I'll let you know if it works out

Post by **EUsmileWEallsmile** » Fri May 03, 2013 1:34 pm

See also commission's guidance for embassy staff (posted link earlier post).

Post by **EUsmileWEallsmile** » Fri May 03, 2013 1:35 pm

EUsmileWEallsmile wrote:See section 3 in particular

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

This one.

Stuartb · Post by **Stuartb** » Sat May 04, 2013 7:46 pm

sorry one more question to thehurricane
it says on the website of the German embassy that you have to contact them for an appointment, is this the case for us with this kind of visa or can she just turn up with the documents, would she just be turned away without an appointment? Thanks

the hurricane · Post by **the hurricane** » Sat May 04, 2013 9:38 pm

Stuartb wrote:sorry one more question to thehurricane
it says on the website of the German embassy that you have to contact them for an appointment, is this the case for us with this kind of visa or can she just turn up with the documents, would she just be turned away without an appointment? Thanks

Well you can book online , below is the link. But, I see that the first available date is on May 27, and I don't think you can wait that long since you are in hurry. I remember when I helped someone in Nigeria, he sent an email to the embassy to says that under Article 5 (2), 2nd sub-paragraph of the Directive provides that "Member States shall grant family members covered by the Directive every facility to obtain the necessary visas. Such visas must be issued free of charge as soon as possible and on the basis of an accelerated procedure. They then booked a special appointment for her, but i am not sure how it works in Kenya. maybe you send them an email because family members of EEA have priority.

https://service2.diplo.de/rktermin/exte ... 04.05.2013

ukforever · Post by **ukforever** » Wed May 08, 2013 12:11 am

hi guys,ive read all about the issues you are facing stuart,its really frustrating,i'm 100% the embassy are just being dishonest and they just want to keep refusing her basic rights,as u can see here from the link below its the application form downloaded from the :

http://www.rijksoverheid.nl/onderwerpen ... visum.html

i think its from the ministry of foreign affairs,nevertheless,it says in the form that :

The fields marked with * shall not be filled in by family members of EU, EEA or CH citizens (spouse, child or dependent ascendant) while exercising their right to free movement. Family members of EU, EEA or CH citizens shall present documents to prove this relationship and fill in fields no 34 and 35. (x) Fields 1-3 shall be filled in in accordance with the data in the travel document.

and field number *33 is the one concerning financial requirement..!!!

m'i missing something here or they just ignoring their own application form which is similar to all schenggen state forms for a short stay visa..!!

ukforever · Post by **ukforever** » Wed May 08, 2013 12:36 am

this might help:

http://www.government.nl/issues/visa-fo ... engen-visa

this explains the procedures on how the visa is granted,clearly the embassy in kenya ignored all the requirement that they were supposed to follow to grant your wife the visa..there is even a section in the middle of the page talking about eu/eea citizens and their family members.

furthermore,the link below if u go down the page,there is an email link of the ministry of foreign affairs regarding visa application issues,send them an email an explain your case with proofs and all what happened and all the breach of your eu treaty rights and your wife's rights to join u and be reunited with u:

http://www.government.nl/issues/visa-fo ... engen-visa

the hurricane · Post by **the hurricane** » Wed May 08, 2013 1:18 pm

Stuartb wrote:sorry one more question to thehurricane
it says on the website of the German embassy that you have to contact them for an appointment, is this the case for us with this kind of visa or can she just turn up with the documents, would she just be turned away without an appointment? Thanks

@ Stuartb Any update about ur wife's application?

Stuartb · Post by **Stuartb** » Wed May 08, 2013 2:54 pm

Not yet, was just holding off for a week to see if Solvit or anyone replied about the Dutch visa, one thing I'm wary about is the fact I'm not in Germany and if they'll accept a cover letter saying I'll there as Solvit and Your Europe Advice have mentioned that before

Stuartb · Post by **Stuartb** » Wed May 08, 2013 3:54 pm

To Ukforever, thanks for the reply, I'll email the ministry of foreign affairs today, I'd prefer doing it this way if possible

Also another possible problem is I'm coming up to the end of the 3 months, firstly how would they know when I entered the country? (And what could happen of I go over the 3 months) it's very difficult to find work if you don't speak Dutch but I'm hoping to have something soon
Also I've met plenty of people who have been here more than three months without registering and haven't had any problems

the hurricane · Post by **the hurricane** » Wed May 08, 2013 6:13 pm

Stuartb wrote:Not yet, was just holding off for a week to see if Solvit or anyone replied about the Dutch visa, one thing I'm wary about is the fact I'm not in Germany and if they'll accept a cover letter saying I'll there as Solvit and Your Europe Advice have mentioned that before

Well, I am not sure if you are aware that waiting for Solvit might take up to 10 weeks. If you want to push the ministry of foreign affairs, I don’t think that by just sending an email will solve the problem, if you really want something to happen you will definitely need a lawyer. Regarding your question, well nothing stop you to travel to Germany so as long as you have your signature that means you are approving (not sure if your familiar with law but putting a signature on something means that you agree or claim something) .

Stuartb · Post by **Stuartb** » Wed May 08, 2013 7:17 pm

Yeah I was just going to wait a week, see what replies I got from various people, including Solvit and now the ministry of foreign affairs and if nothing my wife can apply at the German embassy at the start of next week, so if the visa works out I can just pick my wife up in Germany and come straight back to the Netherlands?

the hurricane · Post by **the hurricane** » Wed May 08, 2013 7:22 pm

Stuartb wrote:Yeah I was just going to wait a week, see what replies I got from various people, including Solvit and now the ministry of foreign affairs and if nothing my wife can apply at the German embassy at the start of next week, so if the visa works out I can just pick my wife up in Germany and come straight back to the Netherlands?

Why wasting money if she can just fly straight to the Netherlands?

Stuartb · Post by **Stuartb** » Wed May 08, 2013 8:05 pm

She can get the visa through the German embassy then come straight to Netherlands? That's much better

Post by **Directive/2004/38/EC** » Wed May 08, 2013 10:44 pm

Stuartb wrote:Yeah I was just going to wait a week, see what replies I got from various people, including Solvit and now the ministry of foreign affairs and if nothing my wife can apply at the German embassy at the start of next week, so if the visa works out I can just pick my wife up in Germany and come straight back to the Netherlands?

Once she has a visa, she can enter Schengen through any airport. So if she gets a Spanish visa, for example, she can enter through Greece or the Netherlands.

This is fine if the person is married to an EU citizen and so exercising free movement rights.

ukforever · Post by **ukforever** » Thu May 09, 2013 11:33 pm

yeah,fine don't worry,it was my pleasure,if it helps u sort out your issue then fine,this is what matters at the end of the day,we try to give the best advice we can,we help each other its the most important.

just wanted to say,that u might need to apply from another embassy,this time,the only way i think they can't refuse,is for u to accompany your wife,now,i know that for some reasons our budget doesn't allow us to get things done the way we always wish,it might be a small price to pay for u to be reunited again with your wife.. believe me ,if i was in your choose that's what i probably would do...

ask your wife to apply for the short stay schenggen visa and write a letter stating that you will be travelling with your wife,also state that u wish to exercise your right of free movement and so on..so Germany or Spain, Belgium, Switzerland,France..any country really,i'm confident that even if it will be little bit costly for you to buy the ticket return from the Netherlands to Kenya,it would be much cheaper in the future,it will save u the trouble fighting the dutch and waste time and money and quality time that u are already missing out on.

if u decide to go with the french embassy let me know,i might help you with the letter,as i read and speak french fluently..i hope this might help.
_________________

ukforever · Post by **ukforever** » Sun May 12, 2013 9:45 pm

Stuartb wrote:She can get the visa through the German embassy then come straight to Netherlands? That's much better

hey stuartb,

just to let u know that my wife contacted the dutch embassy in Algeria and asked them about the process of the visa and what documents they would ask..after they sent her the first standard email on how to apply as a general application,she sent them another email explaining that she is a wife of an eu citizen and that me the eu citizen will be exercising my treaty rights of free movement and that she is covered too and has the right to free movement and she pointed out that we are covered by the directive and she is not supposed to supply any financial statements or any information that a normal applicant would submit,she managed to word an email in a very formal way,she just explained that she did not get the answer she asked the question for..!!what she asked basically is,what is the list of the document required for a spouse of an eu citizen.
but as i explained she received a standard response that she did not ask for,anyway,she got this reply(sorry its in french,but i'll explain):

Monsieur/Madame,

Une partie de votre question est déjà écrit: ‘ si vous pensez pouvoir bénéficier de cette procedure, vous devez fournir la preuze, dès le dépôt de votre demande de visa
(dernière règle):

Si vous avez un lien familial avec un ressortissant de l’UE/EEE ou de la Suisse, vous pouvez, pour votre visa Schengen, bénéficier d’une procédure accélérée et gratuite, sous réserve de remplir les conditions suivantes :
1 vous êtes un membre de la famille au premier degré (notamment conjoint, partenaire ou enfant de moins de 21 ans) d’un ressortissant de l’UE/EEE ou de la Suisse, et
2. ce ressortissant se rend ou séjourne dans un pays dont il ne possède pas la nationalité, et
3. vous accompagnez ce ressortissant ou allez le rejoindre.
Si vous pensez pouvoir bénéficier de cette procédure, vous devez fournir la preuve, dès le dépôt de votre demande de visa, que vous répondez à ces trois conditions.

Supplémentaire:

Le formulaire de demande de visa (ci-jointe) indique qu’est-ce que vous devez remplir dans le cas vous êtes épouse/epoux de ressortissant communautaire (marqué avec astérique c’est n’est pas nécessaire).
C’est n’est pas nécessaire de fournir les numéro 8 et 9 (mentionné sur la fiche de renseignements visa Pays-Bas).

J’espère que j’ai repondu à votre question.

the translation here:
Sir / Madam,

Part of your question is already written: 'If you think you can benefit from this procedure, you must provide proof, upon the filing of your application
(final rule):

If you have a family relationship with a citizen of the EU / EEA or Switzerland, you can, for your Schengen visa, to a speedy and free procedure, subject to fulfilling the following conditions:

1 you are a member of the first-degree relatives (including spouse, partner or child under 21 years old) of a national of an EU / EEA or Switzerland, and
2. the national move to or reside in a country where he doesn't hold the nationality(i.e France or belgium or netherlands but not the uk) , and
3. you will accompany that national or join him.

If you think you can benefit from this procedure, you must provide proof, upon the filing of your application that you meet these three conditions.

added:

The visa application form (attached) shows what you need to fill in if you're wife / husband of Community nationals (marked with asterisk is not needed).
It is not necessary to provide the number 8 and 9 (indicated on the information sheet visa Netherlands).

I hope I answered your question.

what they are saying is that my wife has the right to have the visa under eu laws,they sent her an information sheet about general requirement to supply for the visa but my wife stated in her previous email that she is not concerned and its not applicable in her case,because if u can read what it says in the previous paragraph is that in the form attached it shows and tells u what u have to fill or not,because in the visa form there is questions with the sign* it ask u to ignore responding,now this is what my wife pointed out ,that when they sent her the information sheet,they asked her to supply and respond for questions that are not relevant to her case,because it is not required under eu laws,if u know the form,questions 19-20-31-32-33 all are irrelevant and are part of the information sheet they sent her in the first place,it seems to me like they wanted to confuse her..well there is nothing to be confused about really but,just wanted to share this with u,it might help u.

sorry for the long email...

ukforever · Post by **ukforever** » Sun May 12, 2013 9:54 pm

if u need to ask me any question feel free to do so.

the hurricane · Post by **the hurricane** » Tue May 28, 2013 5:39 pm

Stuartb wrote:Yeah I was just going to wait a week, see what replies I got from various people, including Solvit and now the ministry of foreign affairs and if nothing my wife can apply at the German embassy at the start of next week, so if the visa works out I can just pick my wife up in Germany and come straight back to the Netherlands?

Do you have any update or are you still waiting?

Stuartb · Post by **Stuartb** » Fri May 31, 2013 11:26 am

Before we applied at the German embassy the Ministry of foreign affairs in the Netherlands replied asking for my wife's name and the visa application number so the could sort it out, so I sent the details and have been waiting a couple of weeks now, mot sure what they're going to do exactly though

Post by **EUsmileWEallsmile** » Fri May 31, 2013 11:06 pm

Did you wife apply to the German embassy or reapply to the Netherlands in the end?

Stuartb · Post by **Stuartb** » Sat Jun 01, 2013 7:16 am

No we haven't reapplied, the ministry of foreign affairs replied to my email about the situation and said they'd sort it out, so we're just waiting now

Post by **EUsmileWEallsmile** » Sat Jun 01, 2013 9:25 am

Stuartb wrote:No we haven't reapplied, the ministry of foreign affairs replied to my email about the situation and said they'd sort it out, so we're just waiting now

Sounds like things are moving along for you, post back when you get news.

ukforever · Post by **ukforever** » Sat Jun 01, 2013 10:40 pm

Stuartb wrote:No we haven't reapplied, the ministry of foreign affairs replied to my email about the situation and said they'd sort it out, so we're just waiting now

any news stuartb ???

Post by **EUsmileWEallsmile** » Sat Jun 01, 2013 11:58 pm

ukforever wrote:
Stuartb wrote:No we haven't reapplied, the ministry of foreign affairs replied to my email about the situation and said they'd sort it out, so we're just waiting now
any news stuartb ???

The poor chap has just posted, let's give him a bit of space...

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