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
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
