Should I complain about Belgian embassy in New Delhi?

To start, I want to let you know that this my first time to apply for any visa. I request you to be patient with my queries. I had a very bad experience with the embassy and also the interviewer was very rude! I was wondering if it is a good idea to complain about the same. I found a link where I can do so. > diplomatie.belgium.be/en/Contact/complaints.jsp ...

I have prepared a letter to post, which explains what all happened with me. Please tell me if I am on right track. Can they create problems for my future visas if I complain?

For your information, I applied for a 3bis category visa to meet my girlfriend(belgian). I attached every document expected, also air tickets which I had to get cancelled because of late visa decision.


"Dear Sir/ Ma'am,

This is to complain about the staff of the Belgian embassy in New Delhi as I experienced a number of devastating events on the day of my visa interview. I will keep it short and precise.

I was called at 10 AM for the interview at the embassy but I had to stand outside for approximately 4 hours in a very high humidity and heat of around 46.7° Celsius. I could not sit as the benches outside the embassy were very dirty and full of dust! (I even took some photographs to prove my point. CCTV footages can prove it too though) If they couldn't meet a person at the given time, they should make arrangements accordingly. Also, looking at the weather, there was no arrangement of water. I could not leave that place to buy water as I doubted that I could be called at any moment to appear for the interview. However, I had to ask security many times for water, thankfully they were generous enough to give us a water bottle.
After a couple of hours, a person from security came and told me to wait inside. There it was even horrible condition, as there was no fan and again no water! I was sweating a lot and got dehydrated in a couple of minutes. Later, I was called in for interview. With a very dry mouth and dizzy head I entered the room and encountered yet another bad experience.

The lady who took my interview was very rude. As with other applicants, the interview lasted for approximately 2-2 hours each. Just because everyone had such long interviews I thought that the interviewer expects everything in details and when I wanted to explain her the reason for dropping my M.A. Admission in Delhi university, she reacted, "Okay I don't have time for all this, just answer what I ask." The she asked a couple of questions like how much money do I have in my bank account, etc. and looked at my passport and said "Because you haven't travelled before, your application will be sent to Brussels for further decision." She didn't even take time to read my application. I had attached my hostel reservation and air tickets with it too. she didn't bother to know much about me and I doubt it even lasted for over two minutes.
Then, I went to VFS office on 19th June 2014 asking that it is about to be a month and there is still no reply. The person at the desk said that I should have informed the interviewer that I also attached the tickets. In reply to this I asked her if the embassy doesn't read the application. She went quiet and changed the topic. This clearly means that even people from VFS are aware that the staff is very irresponsible and doesn't give time to read the applications.

I request you to please attend to this matter. I did not expect this level of ignorance from a country like Belgium.
Yours faithfully"

What do you suggest? Thanks

Did you get your visa? I think you should complain once you know the decision regarding the visa application. Though I'm at loss why they would make you wait outiside the embassy. I suppose the dirty benches are not of the embassy but the municipality so the Belgians won't clean them. Fair enough but what's their alternative for anybody who has to wait longer then a few minutes?

Perhaps you could describe the lady better (was she a Belgian? Remember a name? What did she look like?) , so they can ID
her. Was her attitude rude as you described or also certain phrases or questions? If so, name those too.

Ofcourse do so in a polite manner, not bitter or with hostility, simply a formal, respectful complaint regarding obvious let downs by the embassy.

Perhaps your partner can find out where else you could turn to if you wish to make your dissatisfaction known higher up the chain (ministry of foreign affairs?)

Not sure what VFS has to do with this as you applied directly at the embassy (which applicants are entitled too, external service providers are optional).

Donutz wrote:Did you get your visa? I think you should complain once you know the decision regarding the visa application.

The decision is still pending. I applied on 23rd may. My partner is emphasizing on this too, that I should do it after the decision. This is one reason I had to bring this to forums. Though, regardless of whatever the decision maybe, it is my responsibility to take this matter to higher authorities so that other people don't have to face the same situation.

Donutz wrote:Though I'm at loss why they would make you wait outiside the embassy.

I am sure they treat everyone (non-diplomats) same way. Maybe they are under an impression that they are living in 1600's and the embassy is a Dutch colony in India and in stead of making wealth by looting gold, diamonds, silk and spices, they can increase their wealth with visa applications!

Donutz wrote: I suppose the dirty benches are not of the embassy but the municipality so the Belgians won't clean them.

It is a high security zone. Municipality doesn't place benches there. By the way, municipality benches are much cleaner, i don't know about outside of Delhi (never even seen them at other places)! I will attach some pics with this message. Those benches are placed inside the embassy land (they made space from making curved walls).

Donutz wrote:Fair enough but what's their alternative for anybody who has to wait longer then a few minutes?

Exactly! I understand that there can always be some time alterations but being a professional organization they should know how to deal with it.

Donutz wrote:Perhaps you could describe the lady better (was she a Belgian? Remember a name? What did she look like?) , so they can ID
her. Was her attitude rude as you described or also certain phrases or questions? If so, name those too.

Yes she was a Belgian! And yess! she exactly said it in the way I quoted. Other than that I think every other question was fine. As of now I can just recall her voice! I can recognize her when I see her and also her voice. I was too dizzy at that moment. All I can remember is that she seems to be a bit aged and her body type (I can't describe all this as it will be rude enough!) but if there is an investigation they will always have CCTV footage! Also, I called up the embassy twice, there is an Indian lady who answers the call. She seems very polite and understanding!

Donutz wrote:Ofcourse do so in a polite manner, not bitter or with hostility, simply a formal, respectful complaint regarding obvious let downs by the embassy.

I totally agree with you!

Donutz wrote:Perhaps your partner can find out where else you could turn to if you wish to make your dissatisfaction known higher up the chain (ministry of foreign affairs?)

The link I posted earlier. It is actually ministry's link to complain about the public servants, embassies, etc. Apart from this, I am drafting 4 different letters to inform this to Indian ministries. It is very important to inform them. For 'The ministry of external affairs, New Delhi', 'Prime minister of India', 'Belgian ambassador to India' (not Indian but also important to inform) and also for 'president of India' as on my passport it's written - "THESE ARE TO REQUEST AND REQUIRE IN THE NAME OF THE PRESIDENT OF THE REPUBLIC OF INDIA ALL THOSE WHOM IT MAY CONCERN TO ALLOW THE BEARER TO PASS FREELY WITHOUT LET OR HINDRANCE AND TO AFFORD HIM OR HER, EVERY ASSISTANCE AND PROTECTION OF WHICH HE OR SHE MAY STAND IN NEED. - BY ORDER OF THE PRESIDENT OF THE REPUBLIC OF INDIA." It is my duty to inform him how his citizens are being treated by Belgians and how they are overlooking and insulting his request. As there is president rule in Delhi, it is even more effective. (There is no government in Delhi right now). I will personally go to submit these letters to the respected offices.

Maybe they don't act about this but they should know about it! Good news is that Indian authorities are getting strict with their foreign policies.

Donutz wrote:Not sure what VFS has to do with this as you applied directly at the embassy (which applicants are entitled too, external service providers are optional).

Everyone has to apply via VFS. Then they later call for interview at the embassy.

Thanks a lot for your reply Donutz. I am not able to attach the pics yet. Says size too big. I will reduce size and send it later.

You're welcome, depending on the outcome you may wish to contact Solvit aswell (the EU ombudsman). Or tell the European Commission about your experience, especially if they broke any rules.

For instance the embassy should communicate that VFS is optional, as per rule 17 (point 5?) of the Schengen rules ( 810/2009) direct access should always be maintained for those who do no wish to use the services of an external party.
If the Belgians don't mention this they are violating the Schengen visa rules.

Oh wow! I didn't know about it! Will also inform SOLVIT and European commission too! That's very helpful of you, Donutz. And, I went to the embassy first, the security told me that I will have to apply it via vfs. Had to pay extra for vfs serice! I don't understand why they would do it because at the end of the day they are the only ones who have to process the applications.
Also, I found VFS useless, all they seems like a courier company who updates 'where the application is right now'. I mean, saying with what I have noticed till now. Maybe they do something which I didn't notice or understand. But, thank you very much for pointing it out.
You are right, it says "The Member State(s) concerned shall maintain the possibility for all applicants to lodge their applications directly at its/their consulates."
I will read the laws thoroughly. However, are there some article numbers you would like to point out that are frequently abused and might be important for me to notice?

Attaching the images of the 2 benches. They are placed on the sides of a small gate where they handle visa matters and yes, these are the only 2 benches placed there. The original images are very clear but these compressed ones might get distorted.

SOLVIT seems to be just for EU citizens. Isn't it?

You can find more info here:
http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

It contains a PDF with the Schengen Visa Code and two handbooks, the second -smaller- handbook explains more clearly about direct access. They are very informative and if embassies did abide the rules visa applications shouldn't be a bad experience at all... Most common violations are things such as pushing people to VFS or TLS (only mentioning them with no or vague wording if direct access to the embassy) or denying it when inquiring about it. I pretended once that I wished to make an appointment (Spanish embassy in TH) and their staff replied that this was not possible but had to go to VFS... I then quoted article 17 and they said that now it was possible... Pathetic, forwarded that to the EU. Both the EU representation "embassy" and the European Commission (Home Affairs, see link I provided). They are now processing these violations the EU told me (took a few months but hey). Since I'm from the EU I need no visa but I got tired from all the BS so many embassies give.

Other common violations are bad execution of visa for family members of EU/EAA nationals. Those should be quick, no hassle (almost no paperwork) and free but in practise... doesn't always work out. And VFS/TLS are even worse so I would never want to go there unless access to them would be easier and cheaper then direct access. I can imagen that if the embassy is 800 km away and a visa centre around the corner, I'd go there, else hell no.

Solvit (and Your Europe) is aimed at EU citizens who experience problems if an other member state is throwing a fit, but your EU partner could send them a letter. For inquiries your partner could contact Your Europe first, they can redirect it to Solvit if necessary. Complaints can be mailed to the EU representation in your country, EU Home Affairs and the ministry of (in your case) Belgium. Home Affairs is slow but for changes in the long run I believe it's worthwhile. They can both make member states apply the current rules better and use this knowledge when they update the policies/treaties/directives.

The most important thing now is to get your visa, once that is done you could concentrate on the embassy doing a better job next time, which may require authority higher up the chain to remind the embassy about what it can and cannot do...

EU embassies can maintain that visa for thier countries be applied for via the VFS, with the exception of only the family members of EU citizens, you can only complain to solvit if there have been alleged breaches of EU law, commission complaint is definitely not going to yield any result.

You see seek redress from within India, you can write an e-letter to the embassy requesting for their complaint procedures, and more importantly the India ministry of foreign affairs.

This is not an EU matter to start with.

regulation 810/2009, the Schengen community code on visa, begs to differ, it states that direct access must be maintained for applicants. That means all applicants and that VFS is entirely optional. The same code also says that the public should be informed correctly, being vague on direct applications or not mentioning this (direct access) at all is an other violation.

Contacting the EC does have results, it took them some time but the EC responded to my mail about embassies violating article 17 but they confirmed this in a letter to me and combined it with lots of similar mails, and are now confronting various member states with these violations.

Edit: complaining to the Belgian MFA had results too when I informed them that their embassy in TH violated the rules by only directing to VFS. within half a day they quickly added a line that people could also apply directly for those who did not wish to make use of VFS... article 17 is explained in more detail in de Handbook om the EU site:

4.4. Direct access
Maintaining the possibility for visa applicants to lodge their applications directly at the consulate instead of via an external service provider implies that there should be a genuine choice between these two possibilities.

Even if direct access does not have to be organised under identical or similar conditions to those for access to the service provider, the conditions should not make direct access impossible in practice. Even if it is acceptable to have a different waiting time for obtaining an appointment in the case of direct access, the waiting time should not be so long that it would render direct access impossible in practice.

The different options available for lodging a visa application should be presented plainly to the public, including clear information both on the choice and the cost of the additional services of the external service provider (see Part I, point 4.1).

Other not uncommon violations are 1) not granting an appointment within 2 weeks of the request. 2) not deciding over an application within 15 days (standard), 30 days (in individual cases due to missing documents or closer review) or 60 days (exceptional cases).

Granting of a visa to anyone, with the exception of EU family members is a privileged and not a right or necessity, EU embassies can and will stipulate where their visas applications should be made, your understanding is not correct as the guidance or legislation you are quoting from pertains to only family members of EU citizens, you are an EU citizen the matter is a different. I will have a look at the handbook later.

3.2. Appointment system
Legal basis: Visa Code, Article 9(2) and (3)
3.2.1. Should applicants be required to obtain an appointment for submitting an application?
Applicants may be required to obtain an appointment before submitting an application – either via an in-house system or an appointment system run by an external service provider. In justified cases of urgency, an appointment should be given immediately or direct access for submitting the application should be allowed. Cases of urgency are situations where the visa could not have been applied earlier for reasons that could not have been foreseen by the applicant.

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

As I said, EU embassies are allowed to dictate how their visa are applied for, and who gets their visa, with the exceptions of Family members.

Yes an embassy may use an appointment system (which is fine as long as they offer an appointment within 2 weeks, that is not always the case though). Such a system can be outsourced but even then direct access including appointments must be maintained.

And/or they may use an external service provider but article 17 of the Schengen Community Code clearly says that direct access must be maintained. No where does it specify that this only applies to EU/EAA family. It applies to all applicants.

Article 17

Service fee
1. An additional service fee may be charged by an external service provider referred to in Article 43. The service fee shall be proportionate to the costs incurred by the external service provider while performing one or more of the tasks referred to in Article 43(6).


2. Theservicefeeshallbespecifiedinthelegalinstrument referred to in Article 43(2).

3. WithintheframeworkoflocalSchengencooperation, Member States shall ensure that the service fee charged to an applicant duly reflects the services offered by the external service provider and is adapted to local circumstances. Furthermore, they shall aim to harmonise the service fee applied.

4. The service fee shall not exceed half of the amount of the visa fee set out in Article 16(1), irrespective of the possible
reductions in or exemptions from the visa fee as provided for in Article 16(2), (4), (5) and (6).

5. The MemberState(s) concerned shall maintain the possi­bility for all applicants to lodge their applications directly at its/their consulates.

The second handbook can be found here, direct access is covered on pages 21-22 :
http://ec.europa.eu/dgs/home-affairs/pd ... 667_en.pdf

That's why those Belgians were quick to update their website, why plenty but not all Schengen embassies mention that you are still entitled to direct access if you do not wish to make an appointment via VFS (for either an application at the embassy or visa centre) and why the EC Home Affairs is now taking this up with various member states.

In India the Germans are doing it right: they use an appointment system, outsourced it but also mention that you can make an appointment via the embassy. If you don't wish to deal with VFS or TLS you don't have to.

But feel free to contact the EC, Your Europe or an immigration lawyer if you are not convinced. I'll leave it at this.

@ donutz, you are right with regards the access principle rule, I retract my statement, your understanding of the matter is indeed accurate, none of the embassies seems to follow this rule, quite alarming really.

Of course they're not willing to let applicants know. That way, they would have to deal with huge queues of people every day. Why not farm those queues out to visa processing centers staffed with local people who speak the local language? Haha.

Thanks Dale. Indeed is astonishing and hard to believe. I wasn't aware either when my girl came to see me 3 years ago on a visa (now lives with me so no more visa's). Only at the end of last year did I found out when I saw some immigration lawyer on a forum telling an OP who posted about the lovely "service" from VFS that he could apply directly. I then decided to mail various embassies, ministries, EU representations and EC. It won't undo the lost money and BS we experienced but that way others can receive better handling of their applications.

I then began looking for other violations, to me it seems to be that judging from complaints on various forums the most commom violations are regarding VFS (and on a relates matter, VFS messing up...), embassies not sticking to hard deadlines, asking too much from EU family members or outright denying such a thing is possible or charging a fee regardless.
That's why I hope people bring these sorts of things up, on forums aswell as forwarding complaints and experiences to various authorities. Eventually some wake up.

Embassies and their ministries do have reasons not to work by the book. It mostly comes down to costs (less staff but more applicants) and not having enough time. Still no reason to BS people, they are busy? VSF can accept an application (appointment or actual handing in of documents) within a day? Sure offer that choice but also let people apply directly if they wish to do so. Obviously outsourcing without proper information about peoples options and rights decreases their workload a lot. But if so many tourists and others come you should be happy, those people come to spend cash. Give them adequate service, increase staff etc. Or hand out multiple entry visas more easily so that bona fite travellers don't need to apply for a new visa so often. The latter is exactly what the EC announced in April (press release).

Priority number one: get the visa. Optional but welcome second step: share experiences and complaints. Some people who receive such complains may not care or have good reasons to ignore complaints but some recipients do, such as the EC and some ministries.

Sorry for late reply. Thanks to everyone for your input and your support. It means a lot!

I am studying still studying the Schengen visa law. In article 17, It no where says it's only for EU citizens. Thank you Donutz for pointing it out. You are also right about the Germans! They are very very professionals and honest too! My friend went to Germany for 2 months and he had a very pleasant experience with the German embassy here in Delhi.

As in my case, the decision is still pending. I will update you guys on decision and my complaints accordingly.

Thanks again.

You are still awaiting the decision?! It shouldn't take more then 15 days! Contact SOLVIT ( EU travel page -> need more help? --> Solvit) and possible contact the embassy why it's taking them so long to process a EU/EEA spouse application!!

On Belgian tracking website it says they registered my application on 7th of this month. I should get the result in a week now. I mentioned in my first post that she is my girlfriend.

And don't worry, no matter how much time it takes, I will do my level best and will handle them with total diplomacy! Just waiting for the result and then all the complaining and other politics. They can't take everyone for granted!

Patience is the key to success!

Hello,Vinay can you please share with me your details so I can contact you in person.i have experienced the same from the embassy of Belgium.I want to know more what you did and what actions you took.If you can't share any details here , atleast share your email please.Im in a tight situation and need urgent help.Thank You

RohanC95 wrote: ↑

Tue Jan 08, 2019 9:46 am

Hello,Vinay can you please share with me your details so I can contact you in person.i have experienced the same from the embassy of Belgium.I want to know more what you did and what actions you took.If you can't share any details here , atleast share your email please.Im in a tight situation and need urgent help.Thank You

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