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Non-Eu spouse schengen visa for Netherlands's rejected

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Yasf
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Posts: 73
Joined: Thu Aug 02, 2012 4:27 am

Non-Eu spouse schengen visa for Netherlands's rejected

Post by Yasf » Fri Jun 28, 2019 1:52 am

Hi all,

I am a British citizen and I applied for a Schengen visa for my non-EU spouse for Netherlands on 12/06/2019. We received a rejection on 21/06/2019.

Reason for rejection on the letter:


Sufficient justification for the purpose and circumstances of the intended stay was not provided. You stated in your visa application that you wished to be considered for an entry visa and invoked Directive 2004/38/EC. Detailed investigations have shown that you are attempting to abuse the right of free movement. You have demonstrated artificial conduct entered into solely with the purpose of obtaining the right to free movement and residence under EU law. Although you formally meet the requirements set out in Community rules, this conduct is contradictory to those rules. Consequently, you are not eligible for this specific entry visa. You are free to ask that your application be assessed against the normal criteria for issuing a short-stay Schengen visa.


Please anyone help me for this refusal
Thank you

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ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by ALKB » Sun Jun 30, 2019 2:44 pm

Yasf wrote:
Fri Jun 28, 2019 1:52 am
Hi all,

I am a British citizen and I applied for a Schengen visa for my non-EU spouse for Netherlands on 12/06/2019. We received a rejection on 21/06/2019.

Reason for rejection on the letter:


Sufficient justification for the purpose and circumstances of the intended stay was not provided. You stated in your visa application that you wished to be considered for an entry visa and invoked Directive 2004/38/EC. Detailed investigations have shown that you are attempting to abuse the right of free movement. You have demonstrated artificial conduct entered into solely with the purpose of obtaining the right to free movement and residence under EU law. Although you formally meet the requirements set out in Community rules, this conduct is contradictory to those rules. Consequently, you are not eligible for this specific entry visa. You are free to ask that your application be assessed against the normal criteria for issuing a short-stay Schengen visa.


Please anyone help me for this refusal
Thank you
When did you get married to your non-EEA spouse?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

Yasf
Junior Member
Posts: 73
Joined: Thu Aug 02, 2012 4:27 am

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by Yasf » Sun Jun 30, 2019 2:58 pm

1 October 2016

Yasf
Junior Member
Posts: 73
Joined: Thu Aug 02, 2012 4:27 am

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by Yasf » Sun Jun 30, 2019 3:01 pm

ALKB wrote:
Sun Jun 30, 2019 2:44 pm
Yasf wrote:
Fri Jun 28, 2019 1:52 am
Hi all,

I am a British citizen and I applied for a Schengen visa for my non-EU spouse for Netherlands on 12/06/2019. We received a rejection on 21/06/2019.

Reason for rejection on the letter:


Sufficient justification for the purpose and circumstances of the intended stay was not provided. You stated in your visa application that you wished to be considered for an entry visa and invoked Directive 2004/38/EC. Detailed investigations have shown that you are attempting to abuse the right of free movement. You have demonstrated artificial conduct entered into solely with the purpose of obtaining the right to free movement and residence under EU law. Although you formally meet the requirements set out in Community rules, this conduct is contradictory to those rules. Consequently, you are not eligible for this specific entry visa. You are free to ask that your application be assessed against the normal criteria for issuing a short-stay Schengen visa.


Please anyone help me for this refusal
Thank you
When did you get married to your non-EEA spouse?
1 October 2016

User avatar
ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by ALKB » Sun Jun 30, 2019 5:40 pm

Yasf wrote:
Sun Jun 30, 2019 2:58 pm
1 October 2016
And when did you receive your decree absolute for the divorce from your EEA spouse?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

Yasf
Junior Member
Posts: 73
Joined: Thu Aug 02, 2012 4:27 am

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by Yasf » Sun Jun 30, 2019 6:37 pm

ALKB wrote:
Sun Jun 30, 2019 5:40 pm
Yasf wrote:
Sun Jun 30, 2019 2:58 pm
1 October 2016
And when did you receive your decree absolute for the divorce from your EEA spouse?
Earlier 2015

User avatar
ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by ALKB » Mon Jul 01, 2019 10:44 am

Yasf wrote:
Sun Jun 30, 2019 6:37 pm
ALKB wrote:
Sun Jun 30, 2019 5:40 pm
Yasf wrote:
Sun Jun 30, 2019 2:58 pm
1 October 2016
And when did you receive your decree absolute for the divorce from your EEA spouse?
Earlier 2015
Huh. Do you have any inkling what they might mean?

Did your wife have to interview at the Embassy?

Did she make any other applications under the directive previously?

Your wife may have to ask the Netherlands for the data that is held about her within the system to find out what went wrong.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

Yasf
Junior Member
Posts: 73
Joined: Thu Aug 02, 2012 4:27 am

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by Yasf » Tue Jul 02, 2019 3:32 am

ALKB wrote:
Mon Jul 01, 2019 10:44 am
Yasf wrote:
Sun Jun 30, 2019 6:37 pm
ALKB wrote:
Sun Jun 30, 2019 5:40 pm
Yasf wrote:
Sun Jun 30, 2019 2:58 pm
1 October 2016
And when did you receive your decree absolute for the divorce from your EEA spouse?
Earlier 2015
Huh. Do you have any inkling what they might mean?

Did your wife have to interview at the Embassy?

Did she make any other applications under the directive previously?

Your wife may have to ask the Netherlands for the data that is held about her within the system to find out what went wrong.
I think they say if we give visit visa maybe you use wrong maybe she not come back

No interview

before never ever she apply Visa for any country

User avatar
ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: Non-Eu spouse schengen visa for Netherlands's rejected

Post by ALKB » Tue Jul 02, 2019 8:20 am

Yasf wrote:
Tue Jul 02, 2019 3:32 am


I think they say if we give visit visa maybe you use wrong maybe she not come back

No interview

before never ever she apply Visa for any country
Well, yes, but have you guys done anything to make them suspect this?

'artificial conduct entered into solely with the purpose of obtaining the right to free movement and residence under EU law' is a roundabout way of saying: you are in a sham marriage or your EEA spouse does not/will not exercise treaty rights or something along that line.

Is this visa just for a visit? Are you planning to move to the Netherlands?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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