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MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Fri Jun 08, 2018 10:45 am

MAGDA-PL wrote:
Thu May 24, 2018 10:01 am
Omi00007 wrote:
Thu May 24, 2018 9:26 am
Have you contacted SOLVIT for an update since they forwarded the case to SOLVIT Netherlands? If not, I would recommend emailing and calling them to get an update on the matter.

We submitted our complaint on 08-03-2018 then didn't hear anything from SOLVIT UK but we did get a response from the embassy of Netherlands on 28-03-2018. I think from complaint to getting the visa it took about 2.5 months.
MAGDA-PL wrote:
Thu May 24, 2018 9:08 am
Sour cream wrote:
Thu May 24, 2018 6:20 am
Any updates ?
no sir, still waiting for the reply from solvit ! there reply deadline is 5th of july

we submitted complain on solvit website 15th of april
on 26 of april solvit poland forwarded our case to solvit netherland
since 26 of april we didnt heared anything.

now its 26 of may one month passed for solvit netherlands still no reply , yet

we tried to contact solvit poland but they said we can not provide you any information as the case is now being hadle by solvit netherland , we better email solvit netherland now

you were lucky that you get reply within 28 days , the email whcih we recieved from solvit poland it says 5th of july is the deadline. i guess they give general deadline.

we tried to email european commission but we got so strange reply i would like to share

Image
can anyone advice us what to do , solvit deadline is 5th of july, should we apply to new embassy or should we go again with netherland this time , for 7 days visa tourist , what if this time again they say intention to leave the territory and justification for the purpose ??? solvit says no new update so far , appeal deadline is 5th of august , should we wait till we have decision from solvit or appeal

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Fri Jun 08, 2018 10:46 am

Image


i thought european commission will intervene but this reply from them makes no sense , please advise us what steps should we take

Caravel88
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by Caravel88 » Fri Jun 08, 2018 11:10 am

EC is simply informing you that there is nothing they can do.
However they also provided you a document telling you that your husband's application must be treated under the Directive 2004/38.

If I were you, I would have started the solvit process but also applied for another country already. I would have also contacted my country's ambassador to help and the ambassador of the other country as well to let them know a wrong doing had happened.

Since you have not done that: If I were you I would go on a holiday in France. who applies the directive (thus get a Schengen visa in the process).

Reason: It is your right to go on holiday in summer.

Their official website (https://france-visas.gouv.fr/) tells you exactly what documents are needed, which are in 100% compliance with the directive.

I suggest that you do not give them documents not part of the directive like you did with first application (wedding pics, birth certificate, "id of both of us" etc.) unless requested.

Passport for you both, marriage cert., Hotel reservations (refundable), plane ticket reservations (refundable) should be enough.

If you really want to provide a cover letter I'd suggest that you instead contact them in advance and tell them:

- Applying under directive 2004/38
- Who you are (name, nationality, husband, how long you've been married, together - keep it all short)
- Travel intention: holiday for 7 days (hotel booking, plane booking)
- To let you know if they need any other document

If I were you I would also go to the embassy in person for the application (they have to, by law, let you do this and give you an appointment ASAP).

Also I would have the copy of the EU directive with relevant parts highlighted.
MAGDA-PL wrote:
Fri Jun 08, 2018 10:46 am
Image


i thought european commission will intervene but this reply from them makes no sense , please advise us what steps should we take

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Wed Jun 13, 2018 9:17 am

Caravel88 wrote:
Fri Jun 08, 2018 11:10 am
EC is simply informing you that there is nothing they can do.
However they also provided you a document telling you that your husband's application must be treated under the Directive 2004/38. if the counsul in our new application again dont procceed with eu law then ???

If I were you, I would have started the solvit process but also applied for another country already. I would have also contacted my country's ambassador to help and the ambassador of the other country as well to let them know a wrong doing had happened.we submitted our complain to solvit and after 7 days it will be 2 months so far and we didnt get anyupdate we try to call solvit netherland they say case is in progress now we are waitngin to get an answer from ductch authoritieis do you think its a good idea to apply for another country when we are in process of solvit and appeal and ductch authorities will answer our appeal in august

Since you have not done that: If I were you I would go on a holiday in France. who applies the directive (thus get a Schengen visa in the process). we are looking towards this option , my husband applied for poland first he got refused and we got same refusal to netherland , purpose justification and intention to leave in netherland we committed mistake by saying we are going to seek job there better go for holidays i pray this time when we go for holiday it wont bring same refusal again

Reason: It is your right to go on holiday in summer.

Their official website (https://france-visas.gouv.fr/) tells you exactly what documents are needed, which are in 100% compliance with the directive.

I suggest that you do not give them documents not part of the directive like you did with first application (wedding pics, birth certificate, "id of both of us" etc.) unless requested.ok this time we wont

Passport for you both, marriage cert., Hotel reservations (refundable), plane ticket reservations (refundable) should be enough.

If you really want to provide a cover letter I'd suggest that you instead contact them in advance and tell them:

- Applying under directive 2004/38
- Who you are (name, nationality, husband, how long you've been married, together - keep it all short)
- Travel intention: holiday for 7 days (hotel booking, plane booking)
- To let you know if they need any other document

If I were you I would also go to the embassy in person for the application (they have to, by law, let you do this and give you an appointment ASAP).

Also I would have the copy of the EU directive with relevant parts highlighted.
MAGDA-PL wrote:
Fri Jun 08, 2018 10:46 am
Image


i thought european commission will intervene but this reply from them makes no sense , please advise us what steps should we take

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Wed Jun 13, 2018 9:25 am

Caravel88 wrote:
Fri Jun 08, 2018 11:10 am

Since you have not done that: If I were you I would go on a holiday in France. who applies the directive (thus get a Schengen visa in the process).

Reason: It is your right to go on holiday in summer.

Their official website (https://france-visas.gouv.fr/) tells you exactly what documents are needed, which are in 100% compliance with the directive.


Funds

Bank statements for the last 6 months, salary slip for the last 3 months, pension certificate

Socio-professional situation

Proofs of the professional situation (employment contract, work certificate mentionning the duration, dates and purpose of the trip, tax return for the previons 2 years) or any document relating to the applicant's personal links in the country of residence.


i checked the link you provided but these documents are not compatiable with directive salary slips professional situation

Caravel88
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by Caravel88 » Wed Jun 13, 2018 6:13 pm

Looks like you filled the form incorrectly.
Those are for TOURIST visas.

If you choose the corrected option ("EU FAM.") and make sure to tick the box saying "EU SPOUSE" you get the following:

The supporting documents to be provided are as follows:
Pre-requisites

CERFA form n°14076*01 or 14571*05, duly completed, dated and signed

ID photographs (2)

If you are not a national of your country of residence, please provide proof of your legal residency in this country (e.g. residence permit, etc.).

Travel document, valid for at least three months after the planned date of return

Purpose of travel/stay

Justificatif de la nationalité française du proche

Proof of family relationship with the EU or EEA national

Proof of the nationality of the EU or EEA national

Proof that the person is accompanying or will join the Swiss/EU/EEA national
MAGDA-PL wrote:
Wed Jun 13, 2018 9:25 am
Caravel88 wrote:
Fri Jun 08, 2018 11:10 am

Since you have not done that: If I were you I would go on a holiday in France. who applies the directive (thus get a Schengen visa in the process).

Reason: It is your right to go on holiday in summer.

Their official website (https://france-visas.gouv.fr/) tells you exactly what documents are needed, which are in 100% compliance with the directive.


Funds

Bank statements for the last 6 months, salary slip for the last 3 months, pension certificate

Socio-professional situation

Proofs of the professional situation (employment contract, work certificate mentionning the duration, dates and purpose of the trip, tax return for the previons 2 years) or any document relating to the applicant's personal links in the country of residence.


i checked the link you provided but these documents are not compatiable with directive salary slips professional situation

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Thu Jun 14, 2018 8:10 am

Caravel88 wrote:
Wed Jun 13, 2018 6:13 pm

However they also provided you a document telling you that your husband's application must be treated under the Directive 2004/38. if the counsul in our new application again dont procceed with eu law then ???

If I were you, I would have started the solvit process but also applied for another country already. I would have also contacted my country's ambassador to help and the ambassador of the other country as well to let them know a wrong doing had happened.we submitted our complain to solvit and after 7 days it will be 2 months so far and we didnt get anyupdate we try to call solvit netherland they say case is in progress now we are waitngin to get an answer from ductch authoritieis do you think its a good idea to apply for another country when we are in process of solvit and appeal and ductch authorities will answer our appeal in august

Since you have not done that: If I were you I would go on a holiday in France. who applies the directive (thus get a Schengen visa in the process). we are looking towards this option , my husband applied for poland first he got refused and we got same refusal to netherland , purpose justification and intention to leave in netherland we committed mistake by saying we are going to seek job there better go for holidays i pray this time when we go for holiday it wont bring same refusal again
[/quote]

Caravel88
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by Caravel88 » Thu Jun 14, 2018 9:30 am

Listen it is just a Refusal. If you fight for your right you will get it in the end. So do not give up. Its just a process that is also free. Keep on going you can do it!

1. Did solvit give you a time frame?

2. Contact the French embassy in advance and tell them. You will apply for a visa under the directive. Tell them about you (name + nationality), your husband and how long you have been together. Then say you are traveling to France. Make reservations for a week (hotel + plane and make sure they are cancellable).

3. Then ask the French for an appointment at the embassy.

Make sure you keep things concise ans brief.
Don't give any additional documents, do not confuse or make things complicated.

You can write a letter with the application (keep it brief) to say intentions (traveling on hiday with spouse for a week)

If you need help with writing your letter, I can help you.
Also come and share here what documents you prepared so we can try to help with that as well.

Meanwhile keep looking for work in Netherlands. If you find a job and get job offer it would make it so much easier.

MAGDA-PL wrote:
Thu Jun 14, 2018 8:10 am
Caravel88 wrote:
Wed Jun 13, 2018 6:13 pm

However they also provided you a document telling you that your husband's application must be treated under the Directive 2004/38. if the counsul in our new application again dont procceed with eu law then ???

If I were you, I would have started the solvit process but also applied for another country already. I would have also contacted my country's ambassador to help and the ambassador of the other country as well to let them know a wrong doing had happened.we submitted our complain to solvit and after 7 days it will be 2 months so far and we didnt get anyupdate we try to call solvit netherland they say case is in progress now we are waitngin to get an answer from ductch authoritieis do you think its a good idea to apply for another country when we are in process of solvit and appeal and ductch authorities will answer our appeal in august

Since you have not done that: If I were you I would go on a holiday in France. who applies the directive (thus get a Schengen visa in the process). we are looking towards this option , my husband applied for poland first he got refused and we got same refusal to netherland , purpose justification and intention to leave in netherland we committed mistake by saying we are going to seek job there better go for holidays i pray this time when we go for holiday it wont bring same refusal again
[/quote]

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Sun Jun 17, 2018 1:54 pm

Caravel88 wrote:
Thu Jun 14, 2018 9:30 am

1. Did solvit give you a time frame? yes it did and deadline for solvit is 5th of july (10 weeks) in these 10 weeks we havent heard anything except our case is in process and nehterland solvit is in contact with dutch authorities thats it. and our appeal deadline is 5th of august


2. Contact the French embassy in advance and tell them. You will apply for a visa under the directive. Tell them about you (name + nationality), your husband and how long you have been together. Then say you are traveling to France. Make reservations for a week (hotel + plane and make sure they are cancellable).

we will contact french embassy and what are your view on small countries like latvia etc etc are they good with eu law directive ??? as an european citizen i know scandinavian countries are very good with eu and human rights law, i am also doing research for sweden too


If you need help with writing your letter, I can help you. it would be really great if you sent me the letter

Also come and share here what documents you prepared so we can try to help with that as well. i will in couple of days once we select the embassy.

Meanwhile keep looking for work in Netherlands. If you find a job and get job offer it would make it so much easier. i am in pakistan now, if nthg works herre i will go back and find job and apply for my husband

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Wed Jun 20, 2018 10:46 am

hey caravel how are you can you please help me with covering letter, and please guide us what to select in field 21 , last time we marked others family member of eu , this time should we select tourism ?

we are looking to apply for baltic countries as vacation for 8 days
i will update you the documents

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Wed Jun 20, 2018 10:41 pm

gokulatti wrote:
Fri Apr 20, 2018 10:36 am
Since appeals are specific for your case, I cannot suggest what documents specifically you should provide, I would suggest you try to answer the "grounds of rejection" IND has given to you as posted in this thread. I don't understand how providing hotel booking for for 90 days is going to help since the 90 days are unconditional and you do not need to give any documents in this regards
Question no 1: is it ok to make new application to Netherland embassy while we are waiting for appeal decision from IND and solvit gaves us time period till 5th of july ?

Question no 2: Does we have to provide bank statement

Question no 3 : or we should apply to new country

Question no 4 : can some one give example of cover letter

Question no 5 : on last application we marked others and wrote family member of eu , when making application for holiday should we marked other or go with tourist option ?

question no 6 : what steps should we make consul to treat our application under directive , write in covering letter to invoke 2004/38 , i dont know why last time they said you got weak social ties this that justification wasnt provided and intention to leave territory could not be ascertained

question no 7 if we want to go holiday does this refusal will matter ?

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Mon Jul 16, 2018 10:14 am

I wanted to share the result which we got from the German embassy today

refusals are no 8 and 9

.the information provided regarding the justification for the purpose and conditions of the intended stay was not reliable

.your intention to leave the territory of the embassy state could not be ascertained

these two refusal we got from poland schengen visa then netherland now germany too

what steps should we take now?

if I go with appeal and file a complaint to solvit then solvit after 8 weeks says that your appeal is going on so we cant do anything now?

or if we only complain to solvit then after one month ( appeal time period ) will end and the decision will be final?

Omi00007
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by Omi00007 » Mon Aug 06, 2018 9:13 am

Hi Magda,

How are you? just wanted to check if you appealed against the decision and/or submitted a complaint with SOLVIT yet?

My spouse went to German Consulate Karachi today to submit her application and they have asked for a letter confirming my employment (EU Citizen) and my bank statement (EU Citizen) in addition to the documents we already submitted below:

- Duly filled and signed visa application form
- Two passport size photos, white background
- Hotel Booking for both of us
- Flight Itinerary for both of us
- Original valid passport of the applicant
- Copies of previous Schengen, UAE and Saudi visas for the applicant
- Colour copy of EU Citizen's Passport
- Marriage Certificate in English, attested by Ministry of Foreign Affairs Pakistan
- Family Registration Certificate in English, attested by Ministry of Foreign Affairs
Pakistan
- Appointment email confirmation
- Signed security questionnaire by applicant
- Health Insurance for applicant
- Covering letter from EU
- Covering letter from applicant
- Birth Certificate of applicant in English, attested by Ministry of Foreign Affairs Pakistan
- Copy of National Identity card of applicant

Did the German consulate ask you for any additional documents when you submitted your application in Karachi?

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Tue Aug 07, 2018 3:20 pm

Omi00007 wrote:
Mon Aug 06, 2018 9:13 am
Hi Magda,

How are you? just wanted to check if you appealed against the decision and/or submitted a complaint with SOLVIT yet?

My spouse went to German Consulate Karachi today to submit her application and they have asked for a letter confirming my employment (EU Citizen) and my bank statement (EU Citizen) in addition to the documents we already submitted below:

- Duly filled and signed visa application form
- Two passport size photos, white background
- Hotel Booking for both of us
- Flight Itinerary for both of us
- Original valid passport of the applicant
- Copies of previous Schengen, UAE and Saudi visas for the applicant
- Colour copy of EU Citizen's Passport
- Marriage Certificate in English, attested by Ministry of Foreign Affairs Pakistan
- Family Registration Certificate in English, attested by Ministry of Foreign Affairs
Pakistan
- Appointment email confirmation
- Signed security questionnaire by applicant
- Health Insurance for applicant
- Covering letter from EU
- Covering letter from applicant
- Birth Certificate of applicant in English, attested by Ministry of Foreign Affairs Pakistan
- Copy of National Identity card of applicant

Did the German consulate ask you for any additional documents when you submitted your application in Karachi?
no, they didn't ask my husband such documents

did your application got submitted ???
yeah we submitted an appeal and we filed a complaint in solvit let's see.

Omi00007
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by Omi00007 » Tue Aug 07, 2018 4:39 pm

Strange... they pretty much interviewed my wife yesterday, asking questions like how many family members she has? what they do? what I do? How many family members I have? why are we going to Germany etc etc

Anyways, we submitted the bank statements and letter of employment this morning and they told us to collect the passport in two week's time... let's see what happens next.

They asked for documents and questions they shouldn't have, which makes me kinda annoyed but TBH there isn't much I can do as I wasn't allowed to go inside, only applicants are allowed in to the German Consulate.

Good luck with your appeal and please keep us all posted.

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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Wed Aug 08, 2018 9:37 am

Omi00007 wrote:
Tue Aug 07, 2018 4:39 pm
Strange... they pretty much interviewed my wife yesterday, asking questions like how many family members she has? what they do? what I do? How many family members I have? why are we going to Germany etc etc

Anyways, we submitted the bank statements and letter of employment this morning and they told us to collect the passport in two week's time... let's see what happens next.

They asked for documents and questions they shouldn't have, which makes me kinda annoyed but TBH there isn't much I can do as I wasn't allowed to go inside, only applicants are allowed in to the German Consulate.

Good luck with your appeal and please keep us all posted.
they asked same questions with my husband as well

i am bit confused why they are not treating our application under directive instead of it they are treating under tourist visa , may be we are being refused from poland , then netherland same refusals we are getting again and again intention to leave and justification for purpose

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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Wed Aug 08, 2018 9:47 am

The application of your husband was processed by the German general consulate in Karachi under file number 11xxxx.

The general consulate first examined, whether the application should be checked under the German law of Freizügigkeitsgesetz/EU, following the EU directives of free movement that you mentioned. Accordingly, no application fee had to be paid. However, the general consulate came to the decision, that your husband's application does not fall under the EU directive 2004/38 since they believe, the main purpose of the application was not the short tourism trip in Germany.

The general consulate consequently examined the application under the law of the European Visa Code. The Visa Code lists certain requirements that have to be fulfilled in order to enable the visa section to issue the visa. Next to general requirements, the visa sections have to mainly examine the purpose of the journey, the sufficient financial means for the travel and accommodation expenses as well as the applicant's intention to leave the territory of the Schengen area before the expiry of the visa applied for.

In the visa process, the applicants have to hand in relevant documents, enabling the visa section to make a plausible assessment of the intention to return. The intention to return is only being examined on the side of the applicant, the situation of the person of reference in Germany cannot be considered into the assessment. Relevant information of the applicant indicating his or her economic, financial and family ties in the country of origin can be the following:
- family or other personal ties to the country of origin and to persons in the Member States of the Schengen area
- family status
- regularity and amount of income
- social status in the country of origin
- real estate property

The German general consulate in Karachi examined the application of your husband but could unfortunately not assess a positive prognosis of the applicant's intention to return to the country of origin. The applicant or a third person with his written authorization can hand in a remonstration letter at the general consulate to ask for an additional check of his application or hand in a new visa application alternatively. In both cases, additional documents showing the ties to the country of origin should be presented to enable the visa section to assess the visa case with a positive result.

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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by Omi00007 » Wed Aug 08, 2018 4:45 pm

MAGDA-PL wrote:
Wed Aug 08, 2018 9:47 am
The application of your husband was processed by the German general consulate in Karachi under file number 11xxxx.

The general consulate first examined, whether the application should be checked under the German law of Freizügigkeitsgesetz/EU, following the EU directives of free movement that you mentioned. Accordingly, no application fee had to be paid. However, the general consulate came to the decision, that your husband's application does not fall under the EU directive 2004/38 since they believe, the main purpose of the application was not the short tourism trip in Germany.

The general consulate consequently examined the application under the law of the European Visa Code. The Visa Code lists certain requirements that have to be fulfilled in order to enable the visa section to issue the visa. Next to general requirements, the visa sections have to mainly examine the purpose of the journey, the sufficient financial means for the travel and accommodation expenses as well as the applicant's intention to leave the territory of the Schengen area before the expiry of the visa applied for.

In the visa process, the applicants have to hand in relevant documents, enabling the visa section to make a plausible assessment of the intention to return. The intention to return is only being examined on the side of the applicant, the situation of the person of reference in Germany cannot be considered into the assessment. Relevant information of the applicant indicating his or her economic, financial and family ties in the country of origin can be the following:
- family or other personal ties to the country of origin and to persons in the Member States of the Schengen area
- family status
- regularity and amount of income
- social status in the country of origin
- real estate property

The German general consulate in Karachi examined the application of your husband but could unfortunately not assess a positive prognosis of the applicant's intention to return to the country of origin. The applicant or a third person with his written authorization can hand in a remonstration letter at the general consulate to ask for an additional check of his application or hand in a new visa application alternatively. In both cases, additional documents showing the ties to the country of origin should be presented to enable the visa section to assess the visa case with a positive result.
Who sent you this response? SOLVIT or German Embassy?

Based on this reply, I am now beginning to think that they asked for my bank statement and job letter because like yours, they will treat my spouse's application as a tourist application, as well...

This is unbelievable and so unfair!!!

MAGDA-PL
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Re: Schengen visa for Netherland (non EU spouse) rejected

Post by MAGDA-PL » Mon Aug 20, 2018 6:24 pm

Omi00007 wrote:
Wed Aug 08, 2018 4:45 pm
MAGDA-PL wrote:
Wed Aug 08, 2018 9:47 am
The application of your husband was processed by the German general consulate in Karachi under file number 11xxxx.

The general consulate first examined, whether the application should be checked under the German law of Freizügigkeitsgesetz/EU, following the EU directives of free movement that you mentioned. Accordingly, no application fee had to be paid. However, the general consulate came to the decision, that your husband's application does not fall under the EU directive 2004/38 since they believe, the main purpose of the application was not the short tourism trip in Germany.

The general consulate consequently examined the application under the law of the European Visa Code. The Visa Code lists certain requirements that have to be fulfilled in order to enable the visa section to issue the visa. Next to general requirements, the visa sections have to mainly examine the purpose of the journey, the sufficient financial means for the travel and accommodation expenses as well as the applicant's intention to leave the territory of the Schengen area before the expiry of the visa applied for.

In the visa process, the applicants have to hand in relevant documents, enabling the visa section to make a plausible assessment of the intention to return. The intention to return is only being examined on the side of the applicant, the situation of the person of reference in Germany cannot be considered into the assessment. Relevant information of the applicant indicating his or her economic, financial and family ties in the country of origin can be the following:
- family or other personal ties to the country of origin and to persons in the Member States of the Schengen area
- family status
- regularity and amount of income
- social status in the country of origin
- real estate property

The German general consulate in Karachi examined the application of your husband but could unfortunately not assess a positive prognosis of the applicant's intention to return to the country of origin. The applicant or a third person with his written authorization can hand in a remonstration letter at the general consulate to ask for an additional check of his application or hand in a new visa application alternatively. In both cases, additional documents showing the ties to the country of origin should be presented to enable the visa section to assess the visa case with a positive result.
Who sent you this response? SOLVIT or German Embassy?

Based on this reply, I am now beginning to think that they asked for my bank statement and job letter because like yours, they will treat my spouse's application as a tourist application, as well...

This is unbelievable and so unfair!!!
got this reply from german foreign office , what about you did you get result from german consulate ?

Omi00007
Junior Member
Posts: 66
Joined: Thu Mar 08, 2018 12:33 am

Re: Schengen visa for Netherland (non EU spouse) rejected

Post by Omi00007 » Mon Aug 20, 2018 8:47 pm

MAGDA-PL wrote:
Mon Aug 20, 2018 6:24 pm
Omi00007 wrote:
Wed Aug 08, 2018 4:45 pm
MAGDA-PL wrote:
Wed Aug 08, 2018 9:47 am
The application of your husband was processed by the German general consulate in Karachi under file number 11xxxx.

The general consulate first examined, whether the application should be checked under the German law of Freizügigkeitsgesetz/EU, following the EU directives of free movement that you mentioned. Accordingly, no application fee had to be paid. However, the general consulate came to the decision, that your husband's application does not fall under the EU directive 2004/38 since they believe, the main purpose of the application was not the short tourism trip in Germany.

The general consulate consequently examined the application under the law of the European Visa Code. The Visa Code lists certain requirements that have to be fulfilled in order to enable the visa section to issue the visa. Next to general requirements, the visa sections have to mainly examine the purpose of the journey, the sufficient financial means for the travel and accommodation expenses as well as the applicant's intention to leave the territory of the Schengen area before the expiry of the visa applied for.

In the visa process, the applicants have to hand in relevant documents, enabling the visa section to make a plausible assessment of the intention to return. The intention to return is only being examined on the side of the applicant, the situation of the person of reference in Germany cannot be considered into the assessment. Relevant information of the applicant indicating his or her economic, financial and family ties in the country of origin can be the following:
- family or other personal ties to the country of origin and to persons in the Member States of the Schengen area
- family status
- regularity and amount of income
- social status in the country of origin
- real estate property

The German general consulate in Karachi examined the application of your husband but could unfortunately not assess a positive prognosis of the applicant's intention to return to the country of origin. The applicant or a third person with his written authorization can hand in a remonstration letter at the general consulate to ask for an additional check of his application or hand in a new visa application alternatively. In both cases, additional documents showing the ties to the country of origin should be presented to enable the visa section to assess the visa case with a positive result.
Who sent you this response? SOLVIT or German Embassy?

Based on this reply, I am now beginning to think that they asked for my bank statement and job letter because like yours, they will treat my spouse's application as a tourist application, as well...

This is unbelievable and so unfair!!!
got this reply from german foreign office , what about you did you get result from german consulate ?
Hi Magda,

Yes - We collected the passport today and the German Consulate has issued us an 8 day multiple entry visa.

MAGDA-PL
Junior Member
Posts: 62
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Poland

can anyone please explain it

Post by MAGDA-PL » Sat Sep 29, 2018 6:53 pm

Furthermore, after careful investigation, it appears that the foreign national tries to abuse the right to free movement. it has been found that it exhibits artificial behavior whose sole purpose is to secure the right of free movement and residence guaranteed by Community law and that, although it formally complies with the conditions laid down in Community rules, subject to the considerations envisaged above, it is contrary to the purpose of the regulations. after all, it turned out that the foreign national has previously submitted a visa application to the Polish authorities, namely on 13 April. this request has been rejected by Poland. the foreign national then submits the present application to the Dutch representation on 28 March 2018, against which he lodged an objection on 26 April. Now that a previous visa application has been refused by poles, there is serious doubt as to whether the foreign national or the Netherlands is the main purpose of the trip and the stay. This is all the more obvious now that the foreign national has not stated on his own that a previous visa application to the country, of which his wife owns the nationality, has been rejected.

does this mean they consider our marriage fake or what?
am I still able to apply for my husband as I am settled down in the Netherlands now?

before we applied for the visa when I was in Pakistan with him to Netherland and we mention we wanted to go there for work

NomadicAviator
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India

Re: can anyone please explain it

Post by NomadicAviator » Sat Sep 29, 2018 11:26 pm

MAGDA-PL wrote:
Sat Sep 29, 2018 6:53 pm
Furthermore, after careful investigation, it appears that the foreign national tries to abuse the right to free movement. it has been found that it exhibits artificial behavior whose sole purpose is to secure the right of free movement and residence guaranteed by Community law and that, although it formally complies with the conditions laid down in Community rules, subject to the considerations envisaged above, it is contrary to the purpose of the regulations. after all, it turned out that the foreign national has previously submitted a visa application to the Polish authorities, namely on 13 April. this request has been rejected by Poland. the foreign national then submits the present application to the Dutch representation on 28 March 2018, against which he lodged an objection on 26 April. Now that a previous visa application has been refused by poles, there is serious doubt as to whether the foreign national or the Netherlands is the main purpose of the trip and the stay. This is all the more obvious now that the foreign national has not stated on his own that a previous visa application to the country, of which his wife owns the nationality, has been rejected.

does this mean they consider our marriage bad quality or what?
am I still able to apply for my husband as I am settled down in the Netherlands now?

before we applied for the visa when I was in Pakistan with him to Netherland and we mention we wanted to go there for work
This simply means although there is a right to free movement... before one tries to exercise that right, the person must demonstrate that he can get a normal Visa on his own. If not, then they suspect the person is trying to abuse the right to free movement.

NomadicAviator
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Posts: 4
Joined: Fri Aug 10, 2018 2:34 am
India

Re: can anyone please explain it

Post by NomadicAviator » Sun Sep 30, 2018 10:28 am

NomadicAviator wrote:
Sat Sep 29, 2018 11:26 pm
MAGDA-PL wrote:
Sat Sep 29, 2018 6:53 pm
Furthermore, after careful investigation, it appears that the foreign national tries to abuse the right to free movement. it has been found that it exhibits artificial behavior whose sole purpose is to secure the right of free movement and residence guaranteed by Community law and that, although it formally complies with the conditions laid down in Community rules, subject to the considerations envisaged above, it is contrary to the purpose of the regulations. after all, it turned out that the foreign national has previously submitted a visa application to the Polish authorities, namely on 13 April. this request has been rejected by Poland. the foreign national then submits the present application to the Dutch representation on 28 March 2018, against which he lodged an objection on 26 April. Now that a previous visa application has been refused by poles, there is serious doubt as to whether the foreign national or the Netherlands is the main purpose of the trip and the stay. This is all the more obvious now that the foreign national has not stated on his own that a previous visa application to the country, of which his wife owns the nationality, has been rejected.

does this mean they consider our marriage bad quality or what?
am I still able to apply for my husband as I am settled down in the Netherlands now?

before we applied for the visa when I was in Pakistan with him to Netherland and we mention we wanted to go there for work
This simply means although there is a right to free movement... before one tries to exercise that right, the person must demonstrate that he can get a normal Visa on his own. If not, then they suspect the person is trying to abuse the right to free movement.

Visa for family members applied under Free Movement can be refused for 3 reasons:
1. If the applicant failed to demonstrate that he is covered by the Directive.
2. If the national authorities demonstrate that the visa applicant is a genuine, present and sufficiently serious threat to public policy, public security or public health.
3. If the national authorities demonstrate that there was abuse or fraud.

It seems they have refused your husband's application under point no 3.

MAGDA-PL
Junior Member
Posts: 62
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Poland

Re: can anyone please explain it

Post by MAGDA-PL » Sun Sep 30, 2018 11:06 am

NomadicAviator wrote:
Sat Sep 29, 2018 11:26 pm
MAGDA-PL wrote:
Sat Sep 29, 2018 6:53 pm
Furthermore, after careful investigation, it appears that the foreign national tries to abuse the right to free movement. it has been found that it exhibits artificial behavior whose sole purpose is to secure the right of free movement and residence guaranteed by Community law and that, although it formally complies with the conditions laid down in Community rules, subject to the considerations envisaged above, it is contrary to the purpose of the regulations. after all, it turned out that the foreign national has previously submitted a visa application to the Polish authorities, namely on 13 April. this request has been rejected by Poland. the foreign national then submits the present application to the Dutch representation on 28 March 2018, against which he lodged an objection on 26 April. Now that a previous visa application has been refused by poles, there is serious doubt as to whether the foreign national or the Netherlands is the main purpose of the trip and the stay. This is all the more obvious now that the foreign national has not stated on his own that a previous visa application to the country, of which his wife owns the nationality, has been rejected.

does this mean they consider our marriage bad quality or what?
am I still able to apply for my husband as I am settled down in the Netherlands now?

before we applied for the visa when I was in Pakistan with him to Netherland and we mention we wanted to go there for work
This simply means although there is a right to free movement... before one tries to exercise that right, the person must demonstrate that he can get a normal Visa on his own. If not, then they suspect the person is trying to abuse the right to free movement.

im form poland and in poland there is no such thing known as spouse visa we have anti immigration policy , when we apply for short stay visa they know that we going to settle down ,

what if i am settled in nederland now ? still i cant call my husband ? directive doesnt have such thing written in it that husband should first get visa from wife country.

NomadicAviator
Newly Registered
Posts: 4
Joined: Fri Aug 10, 2018 2:34 am
India

Re: can anyone please explain it

Post by NomadicAviator » Sun Sep 30, 2018 12:02 pm

MAGDA-PL wrote:
Sun Sep 30, 2018 11:06 am
NomadicAviator wrote:
Sat Sep 29, 2018 11:26 pm
MAGDA-PL wrote:
Sat Sep 29, 2018 6:53 pm
Furthermore, after careful investigation, it appears that the foreign national tries to abuse the right to free movement. it has been found that it exhibits artificial behavior whose sole purpose is to secure the right of free movement and residence guaranteed by Community law and that, although it formally complies with the conditions laid down in Community rules, subject to the considerations envisaged above, it is contrary to the purpose of the regulations. after all, it turned out that the foreign national has previously submitted a visa application to the Polish authorities, namely on 13 April. this request has been rejected by Poland. the foreign national then submits the present application to the Dutch representation on 28 March 2018, against which he lodged an objection on 26 April. Now that a previous visa application has been refused by poles, there is serious doubt as to whether the foreign national or the Netherlands is the main purpose of the trip and the stay. This is all the more obvious now that the foreign national has not stated on his own that a previous visa application to the country, of which his wife owns the nationality, has been rejected.

does this mean they consider our marriage bad quality or what?
am I still able to apply for my husband as I am settled down in the Netherlands now?

before we applied for the visa when I was in Pakistan with him to Netherland and we mention we wanted to go there for work
This simply means although there is a right to free movement... before one tries to exercise that right, the person must demonstrate that he can get a normal Visa on his own. If not, then they suspect the person is trying to abuse the right to free movement.

im form poland and in poland there is no such thing known as spouse visa we have anti immigration policy , when we apply for short stay visa they know that we going to settle down ,

what if i am settled in nederland now ? still i cant call my husband ? directive doesnt have such thing written in it that husband should first get visa from wife country.
what if i am settled in nederland now ? - This will definitely make your case stronger provided that you can prove you got sufficient funds or a decent job to support your husband. Although this is not required for stays up to 90 days but given your situation, you must demonstrate that you are truly settled in Netherlands and not abusing the free movement law.

directive doesnt have such thing written in it that husband should first get visa from wife country. - Yes, the directive does not say that... but the directive also says there should not be any kind of abuse or fraud... this is a loophole in the law which the embassy can use if they want to...

May I ask, how many times you applied for Visa after marriage?

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