Entry visa to Netherlands

Post by **EUsmileWEallsmile** » Mon Mar 25, 2013 6:58 pm

You could do, but bear in mind that those embassies will have sight of the Dutch refusal.

the hurricane · Post by **the hurricane** » Mon Mar 25, 2013 8:00 pm

EUsmileWEallsmile wrote:You could do, but bear in mind that those embassies will have sight of the Dutch refusal.

That is what i was thinking too

Stuartb · Post by **Stuartb** » Mon Mar 25, 2013 8:42 pm

What if we're up front with them and tell them the dutch embassy got it wrong?
I can't count the number of times I've told my wife it'll all be sorted soon

Stuartb · Post by **Stuartb** » Tue Mar 26, 2013 6:04 pm

I spoke to some people today who give immigration advice but whose information might not be 100%, they said the embassy had a right to refuse because I'm not registered here yet but I thought just being here was enough, they said it was pointless registering an objection against the embassy for that reason, so is it worth registering the objection? As I am exercising my treaty rights by being here.
Also just to cover all bases, if I just went there now and brought her back with me would she definitely be allowed into the Netherlands without a visa?Could we get onto the plane in the first place? As long as we can prove we're married, or is there a chance they'd refuse to let her in and stop us?

Post by **EUsmileWEallsmile** » Tue Mar 26, 2013 6:57 pm

Stuartb wrote:What if we're up front with them and tell them the dutch embassy got it wrong?
I can't count the number of times I've told my wife it'll all be sorted soon

You could do, but I take that the Netherlands is where you will end up. You will need to get that sorted out one way or the other.

Post by **EUsmileWEallsmile** » Tue Mar 26, 2013 7:00 pm

Stuartb wrote:I spoke to some people today who give immigration advice but whose information might not be 100%, they said the embassy had a right to refuse because I'm not registered here yet but I thought just being here was enough, they said it was pointless registering an objection against the embassy for that reason, so is it worth registering the objection? As I am exercising my treaty rights by being here.
Also just to cover all bases, if I just went there now and brought her back with me would she definitely be allowed into the Netherlands without a visa?Could we get onto the plane in the first place? As long as we can prove we're married, or is there a chance they'd refuse to let her in and stop us?

In general, an EU citizen can visit another EU country for up to three months with only a valid passport. Their spouse can be with them. After three months, the EU citizen may be required to be a worker, etc.

You are now a worker.

The reasons given for the refusal were incorrect. It is certainly worth registering an objection.

You are unlikely to be able to get her to board an aircraft to get to the Netherlands.

Stuartb · Post by **Stuartb** » Tue Mar 26, 2013 7:47 pm

I've read through the rules so many times and I'm sure I know what they are but it seems I'm constantly having to try to convince people of the rules, the people that matter don't seem to know them

Post by **EUsmileWEallsmile** » Tue Mar 26, 2013 7:49 pm

Stuartb wrote:I've read through the rules so many times and I'm sure I know what they are but it seems I'm constantly having to try to convince people of the rules, the people that matter don't seem to know them

Well the first step in your road is convincing yourself that you are in the right.

Who exactly have you complained to?

Have you appealed the incorrect decision?

Stuartb · Post by **Stuartb** » Tue Mar 26, 2013 9:27 pm

The IND have said all they can do is forward my letter of objection onto another branch of the IND that deals with objections, they cant deal with it themselves, so tomorrow I'll take in the letter I've written so they can forward it on, but my wife was supposed to be given a visa under an accelerated procedure, now because of the embassy's mistake it could take months to sort out

Post by **EUsmileWEallsmile** » Wed Mar 27, 2013 8:08 pm

Keep progressing matters and don't take no for an answer.

Post by **EUsmileWEallsmile** » Sun Apr 14, 2013 11:20 am

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 · Post by **Stuartb** » Sun Apr 14, 2013 11:32 am

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

Post by **EUsmileWEallsmile** » Sun Apr 14, 2013 2:23 pm

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 · Post by **Stuartb** » Sun Apr 14, 2013 2:42 pm

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

Post by **EUsmileWEallsmile** » Sun Apr 14, 2013 2:45 pm

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 · Post by **Stuartb** » Wed Apr 24, 2013 10:32 am

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 · Post by **the hurricane** » Wed Apr 24, 2013 11:32 am

Stuartb wrote: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 · Post by **Stuartb** » Wed Apr 24, 2013 12:23 pm

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 · Post by **the hurricane** » Wed Apr 24, 2013 1:41 pm

Stuartb wrote: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 · Post by **Stuartb** » Wed Apr 24, 2013 1:53 pm

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 · Post by **the hurricane** » Wed Apr 24, 2013 3:02 pm

Stuartb wrote: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 · Post by **Stuartb** » Wed Apr 24, 2013 4:23 pm

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 · Post by **the hurricane** » Wed Apr 24, 2013 5:59 pm

Stuartb wrote: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.

Post by **EUsmileWEallsmile** » Wed Apr 24, 2013 7:50 pm

Stuartb wrote: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 · Post by **Stuartb** » Thu May 02, 2013 11:11 am

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

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Entry visa to Netherlands