Possibility for Dutch-born Moroccan

[frustatee]

Confused.

I am a French citizen living with my Dutch-born Moroccan spouse, who has Moroccan parents. They did not acquire any dutch status before returning to Morocco at a young age. This alone, I know this much, does not allow any status in Holland but I am womdering if the fact that the Moroccan father also hqs some Dutch residency or citizen papers bears any relevance to benefit. (We are trying to establish exactly what he has). Maybe someone can tell me what the father would have to have to benefit us.

We live in Morocco, I do not think to live in France and obtain some European 'rights' this way but if there was some possibility to draw on the father's status, it would make very much easier our possibilities to travel etcetera. (visas, always difficult!).

Thank you.

[SYH]

No that it is very complicated, In general, if you dont' claim your dutch citizenship before age of maturity, it is lost. Try ind.nl
On wikipedia, there is an explanation on it so try to look it up but I can tell you pretty much now, there is nothing else by descent or something like that that can help you. You can get your dutch relatives to sponsor you as a partner for 3 years and then become a citizen that way if you want.

[frustatee]

ok, i suspected as much. not always the priority when you think of leaving a country forever, probably more so 20 yrs back, but all the same an oversight of significant consequence for the child on the part of the parents. not fair to say to them so i say it here!

thanks for your input.

[Directive/2004/38/EC]

I assume you are aware of the rights of free movement that you and non-EU family have within the EU. Your direct family have the rights, as well as family members who you live with or who are financially dependent on you.

[frustatee]

I am not sure I fully understand how that can apply to me. I am aware that if I went back to be living there in France or elsewhere in Europe, then there are the routes for spouse. It is not the plan though, it was simply that the head ache of visas to go anywhere, and all the other reasons that make citizenship beneficial, if it was possible. It seems clear that it is not for a ductch born moroccan who did not complete papers before leaving.

I do not have a plan to move back to europe, i just wanted for us to be able to travel freely and spontaneously and have otherwise same rights. Putting together a dossier, travel across the country, wait, pay money, sometimes get refused/stalled each time we wish to travel takes a lot of the joy out of a travel, certainly the spontaneous trip; in fact for all but the most special and extended trips. Most visa sections in Morocco are b******ds, really and truthfully.

Anyway, there are people with situations far more needing in these forums than us, it is just that, like most people who need to seek help here, you cannot help but be perplexed, frustrated and saddened by your own personal situation.

[Directive/2004/38/EC]

Maybe you can be a little more specific, rather than just being sad.

Is this an issue primarily of travelling with your spouse? Or is the main issue travelling with your spouses parents?

You should have no problems getting a non-french EU visa for your spouse and it should be issued quickly and at no charge. Was this the case the last time you applied?

[frustatee]

last year applied to visit family in uk, refused at first on the basis they had thought we were going to stay (circumvent settlement rules). after they changed their mind and let us go. paid something like €100 to apply. it was for a family visitor visa because there was no other option.

i'm sorry if i am not totally clear. this is nothing to do with my spouse's parents. in fact i feel I have moved from the topic (since that seems to become a dead end!). anyway i am grateful for your input.

so we happily live in morocco. we do not wish to go and live in europe, and since the dutch aspect has seemed to become irrelevant, i just want to know our best position for what are short-stay trips. for instance, you say there should be no fee - is this regardless of where we want to go in europe, and also regardless of where one applies, because as I said before there seemed to be no options but to pay the family visitor fee when applying to visit the uk, at the embassy in morocco.

[Directive/2004/38/EC]

I would personally demand your fee back from the British embassy. Write to them demanding it be refunded, and make very clear that if it is not immediately refunded you will escalate to the UK Foreign Office and the European Comission. The visa for a family member of an EU citizen is to be issued for free and they have accidentally collected your money in error.

http://www.britishembassy.gov.uk/servle ... 2686979702

I am an EU/EEA national. My family member is a visa national. Do they need a visa to visit the UK?
Your family member will need to get an EEA Family Permit from a UK visa office overseas before they travel to the UK. You must either travel to the UK together, or your family must be joining you in the UK. Family permits are issued free of charge.

The visa for your spouse to enter any EU country (except France in your case) must be issued for free, on the basis of an accelerated process and as soon as possible. The visa can only be refused on a few very limited grounds, and they would have to provide a detailed reason for refusing if they do.

Please read through the material on Directive 2004/38/EC at the link below. Being aware of your rights should make exercising them easier in the future.

[frustatee]

I will think about your point although we did apply for a visitor visa which had a fee - they could maybe have been helpful to say "EEA family permit". They were very unfriendly to my spouse - kept waiting 4 hours for an interview.

I will go to study all of this information in some more detail.

[Directive/2004/38/EC]

If your wife was not travelling with you or with (if any) your EU citizen children, then they do have a right to issue a standard visa and charge for it.