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Netherlands visa refused (EEA Family Member route)

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barshad
Newly Registered
Posts: 25
Joined: Tue Oct 17, 2006 9:29 am
Pakistan

Netherlands visa refused (EEA Family Member route)

Post by barshad » Mon Oct 15, 2018 3:43 am

Hello Everyone.

I am a Pakistani national (19 years old) who lives in Pakistan. My father lives in Ireland and is married to an EU citizen. He also has a “STAMP 4EUFAM” residence card. He is not yet an EU citizen, only his wife.
Previously I had been applying under the normal “Visit Visa” category for Ireland and Bulgaria, both rejected for the generic reasons – no proof that I will return, financial documents insufficient, etc.
But recently, I applied for a Netherlands visa trying to exercise the free movement directive 2004/38/EC with my father, who applied from Pakistan because I was supposed to go with him. However, only he was given the visa and I was yet again rejected. The following are the grounds on which they rejected me:


Sufficient justification for the purpose and circumstances of the intended stay was not provided. You were unable to provide sufficient plausible, verifiable information about the purpose and circumstances of your stay. Consequently, it cannot be determined with sufficient certainty that all the conditions for issue of a visa have been met.

Sufficient justification for the purpose and circumstances of the intended stay was not provided. You have failed to submit (supplementary) documents in support of your visa application. Consequently, it is impossible to establish with sufficient certainty that all conditions have been met, especially those pertaining to the circumstances of your stay.
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, invoking Directive 2004/38/EC. You were however unable to provide objective and verifiable evidence that you are a family member of an EU citizen, as referred to in Article 2 (2) or Article 3 (2) of that Directive. 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.
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.
Sufficient justification for the purpose and circumstances of the intended stay was not provided. Although you have stated that the primary place of residence during your trip is in the member state of destination you indicated, this is not supported by the documents submitted.
You can lodge an objection to this decision. A legal representative, specially authorized person or lawyer can also lodge an objection on your behalf. The notice of objection must be sent to the address below within four weeks of the date on which the decision was issued: IND Visadienst Postbus 2 9560 AA Ter Apel The Netherlands
The notice of objection must be signed by the person submitting it and contain at least their name and address, the date, a description of the decision to which it relates and the grounds for objecting. You are advised to enclose a copy of the decision.


My father submitted his marriage certificate to the EU citizen and my birth certificate proving my relationship to him. Ultimately, we both assumed that this would be enough to prove my relationship with my stepmother, but as you can see, it clearly wasn’t.
Line 2, Paragraph 3: You were however unable to provide objective and verifiable evidence that you are a family member of an EU citizen, as referred to in Article 2 (2) or Article 3 (2) of that Directive. Consequently, you are not eligible for this specific entry visa.
My question to you all is this: what conclusive proof of relationship can my father give to prove my relationship with my stepmother, in a manner that is “objective and verifiable.”

There is also no legal requirement that you submit:
• bank statements
• pay slips
• letters from your present or future employer or school
• letters of reference
• proof that you will return at the end of the trip
• airline tickets
• confirmed hotel bookings
• references or guarantees from people in the destination country

There is no requirement that non-EU family members have previously been resident in the EU. An EU citizen and family members can move from outside the EU to an EU country (but not directly to the EU citizen’s home country!) on the basis of this Directive
You all probably know all of that^, but I am still mentioning regardless.


Also, since I was trying to exercise of the free movement right, why did they ask me to provide details of stay etc. Legally they shouldn’t ask me that?

I was told that ImmigrationBoards is a great helping community and that is why I came here. I hope you all understand my pain and I would really appreciate all your help and advice regarding my situation.

Thank you for your time

brownbonno
Member
Posts: 176
Joined: Tue Dec 05, 2006 12:02 pm
Netherlands

Re: Netherlands visa refused (EEA Family Member route)

Post by brownbonno » Mon Oct 15, 2018 10:15 am

Firstly, your father doesn't need a visa to enter the Netherlands since he is in possession of article 10 residence permit. "Ireland calls its Residence Card Stamp 4EUFam (EU Directive 2004/38/EC). Ireland has now implemented this part of the directive in full according with the Immigration Act 2004 (Visas) Order 2011 and consequently it is now possible for family members to gain entry into Ireland with a residence card issued by any member state."
Secondly, you must note that the visa officers are human and not robots. Seeking visa to Netherlands and not Ireland where your principal leave will certainly raise a flag.
Lastly, on eligibility here the criteria:::

Qualifying family members of the EU citizen are:

-the spouse the registered partner, if the legislation of the host Member State treats registered partnerships as equivalent to marriage
-the direct descendants who are under the age of 21, or are dependants and those of the spouse or partner as defined above
-the dependent direct relatives in the ascending line (parents, grandparents) and those of the spouse or partner.
Knowledge is Power

barshad
Newly Registered
Posts: 25
Joined: Tue Oct 17, 2006 9:29 am
Pakistan

Re: Netherlands visa refused (EEA Family Member route)

Post by barshad » Mon Oct 15, 2018 10:55 am

To brownbonno: You didn't understand. My question is how do I prove my relationship with my stepmother? What document will I need?

Although my father didn't need a visa, he applied just in case. I know I am also eligible to travel to EU without submitting any legal requirements except proof of relationship. Technically my birth certificate and my father's marriage certificate were supposed to be enough verifiable proof. But either it wasn't or they did wrong my rejecting me. So what kind of document do I EXACTLY need to show my relationship to her.

Also, if anyone has any other information, experience, or advise regarding my situation, please do share.

Thank you:)

brownbonno
Member
Posts: 176
Joined: Tue Dec 05, 2006 12:02 pm
Netherlands

Re: Netherlands visa refused (EEA Family Member route)

Post by brownbonno » Mon Oct 15, 2018 11:19 am

barshad wrote:
Mon Oct 15, 2018 10:55 am
To brownbonno: You didn't understand. My question is how do I prove my relationship with my stepmother? What document will I need?

Although my father didn't need a visa, he applied just in case. I know I am also eligible to travel to EU without submitting any legal requirements except proof of relationship. Technically my birth certificate and my father's marriage certificate were supposed to be enough verifiable proof. But either it wasn't or they did wrong my rejecting me. So what kind of document do I EXACTLY need to show my relationship to her.

Also, if anyone has any other information, experience, or advise regarding my situation, please do share.

Thank you:)

I do understand you clearly,the EU directive is very clear that the EU citizen should accompanying or joining the non Eu citizen.In this case your step mother is not travelling with you or joining you to Netherlands.
Your best is to apply to Ireland to join her SIMPLE.
Knowledge is Power

barshad
Newly Registered
Posts: 25
Joined: Tue Oct 17, 2006 9:29 am
Pakistan

Re: Netherlands visa refused (EEA Family Member route)

Post by barshad » Wed Oct 17, 2018 8:39 pm

brownbonno why you said:
In this case your step mother is not travelling with you or joining you to Netherlands.
Your best is to apply to Ireland to join her SIMPLE.
She was definitely joining us (or even possibly travelling with us in Netherlands)

gokulatti
Member of Standing
Posts: 254
Joined: Wed Mar 01, 2017 9:34 am
Location: Netherlands/Norway
Norway

Re: Netherlands visa refused (EEA Family Member route)

Post by gokulatti » Thu Oct 18, 2018 12:26 am

The reason for the refusal is justified as they have mentioned. you guys haven't shown what your step mother is going to do in Netherlands, did you? Your father derives right himself from his wife, of course you shall have rights to be with your father- only if his wife is exercising treaty rights in Netherlands. Until your step mother exercises her rights in Netherlands. Neither you or your father have anything to do with directive 2004/38 or freedom of movement. you could try applying to ireland directly ofcourse it wont be under EU law but I am sure you shall have every right to be with your father who is in a marriage with an Irish national.

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