Schengen Visa Refused Mother in Law of an EU National

[Ellaellaee]

I am a non EU National married to a Dutch national. We
are currently residing in Belgium. I would like to ask for advice on what actions can we possibly
take regarding this situation.
My mother had applied for a family visit visa in
Belgium Embassy Manila last January 20 2016 for to visit us as I was pregnant and I would need
her help upon the delivery of my baby in April of this year.
Her visa got approved and was given a short stay visa from April 18 to July 2 2016.
While waiting for the visa we found an information that she can stay here with us on a long term
visa once she's here so we have sent documents to Belgium Embassy Manila for legalization
which resulted for her visa to be revoked last April 15, few days before her departure. The
ground for overturning the decision was for the intention of long stay wherein fact the visa was
for a short stay visa and that she didnt submit personal financial information. I was very upset of the decision as I was few days from my due date but I realized that it
was indeed a mistake on our part. I went into labor without my mother.
We have decided to reapply again for a short stay visa and lodged the application last June 23
stating that she really does intend on visiting us for 3 months and that she will go back home
after that duration. We realized the mistake we did before so we were not planning to apply for
a long stay visa for her once she's here and in will just do the procedure in the Belgium Embassy
in the Philippines.
July 14 we received the decision that the application is negative.
I already have a case with Solvit but base on the experiences of others I read so far they are not so much of a help. Is there a chance that the results can be overturned if we appeal? Thanks

[member]

Why did her application get refused as indicated on 14 July?

[Ellaellaee]

So to cut the story short, my mother has been twice refused of a short stay visa to visit me and my husband in Belgium. My husband is a Dutch national and we reside here in Belgium. I am very much at this point frustrated as all my 70 year old mother wanted is to see her grandchildren ( I have a 3 month old baby she hasn't seen yet). I am fed up dealing with the Belgian embassy thus been thinking of other ways we can get our mother to visit us here. What if my husband and kids and myself book a trip to Germany on vacation and have my mother join us in Germany to join us on our vacation. Will this still fall under the Directive 2004/38 ruling? My mother is dependent on us and we have proof that we are regularly sending her financial support. If this plan can work any advice on the requirements we need to produce? Tia

[Ellaellaee]

The refusal letter is in Dutch and I just had it google translated:

visa requested requested vah hell visa 'Motivation: BELGIAN MOTIVATION (S): Federal Public Service Interior Immigration Department Web http: //www.lBZ, FGov.BE PSN: 8199801 Comments: Motivation Legal references: The visa is refused based on Article 32 of Regulation (EC) no. 810/2009 of the European Parliament and of the Council of 13 July 20o9 establishing a common code you have not shown a Loereikende and valid travel medical insurance is locked Your intention territory of State before the expiry of the visa could not be determined to leave the other person involved does not necessarily guarantee a return for the following cumulative reasons: the person is a gepensicneerde widow. The person concerned is visiting her daughter, who has established himself in Belgium. The person stated on a longer stay to seek the maximumrluur the three-month personal data subject does not prove to have sufficient and regular income or sufficient personal resources against the revocation of a visa

The staff at the embassy was very rude and condescending that when she asked my mother how long she intended to stay my 70 year old mother blurted 5 months out of nervousness. My mother changed her statement after to 3 months to correct herself but apparently they still used it as a ground for refusal.


SOLVIT was not helpful at all

Dear xxxxx

We received your question regarding the visa application of your mother for Belgium. This visa application falls under the procedure of a visa long stay = visa D (more than three months). In such regard a new procedure must be launched with the Belgian embassy. You can find more information on the following website: http://diplomatie.belgium.be/en/service ... or_belgium
As well on the website of the Immigration office: https://dofi.ibz.be/sites/dvzoe/EN/Pages/home.aspx

For more information on what is happening with your visa application you can follow the steps as mentioned on this link: https://dofi.ibz.be/sites/dvzoe/EN/Appl ... ation.aspx

Our service SOLVIT is not competent to intervene, while there is no misapplication of EU law by the Belgian authorities. You should wait for the explanatory note that will indicate the motivation of denial and the conditions that need to be fulfilled in order for your mother to obtain a VISA D. If after receiving this note, you do not agree with the given argumentation by the Belgian instance we advise you to get in touch with our Dutch colleagues of SOLVIT Netherlands in order to analyze your case (solvit@minez.nl).

For more information: SOLVIT is an online network where since 2002 EU Member States look for a pragmatic solution to problems of citizens and businesses caused by the misapplication of Internal Market law by public authorities. Because we cannot treat your case, you can for more information contact the ADDE (http://www.adde.be/) or the Immigration Office if necessary.

Kind regards,
SOLVIT Belgium

We are already considering applying for family reunification inoted but I'm afraid that the Belgian embassy will again find a reason to refuse my mother. This whole ordeal has brought so much emotional burden to our family already and right now I still don't know what should be our best move.

[noajthan]

Start here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

See also:
https://eumovement.wordpress.com/2007/0 ... u-citizen/

However for just a vacation you probably only need a Schengen (visitor) visa.

[mgb]

@Ellaellaee
If you financial support your mother regularly and and can prove it a visa for the family member of a eu citizen is possible from Belgium.
It doesn't matter if such a visa is used for a short stay or as preparation time for a long stay.

[mgb]

A parent who is falling under article 2 section 2 letter d (support) of the directive 2004/38 doesn't underlie national immigration law and a visa typ-d would be a offence against eu law.

[noajthan]

Posts merged.

Multiple posts