SS Schengen Visa query for Belgium

[gokulatti]

If you are exercising your treaty rights in Belgium, then I don't think that they can refuse her entry there.

I was under the impression he doesn't even have to be exercising treaty rights just yet in the first 3 months, just his mere presence should be enough for the spouses' first entry.

[vinny]

Indeed. Mere presence in the initial three months is also part of excerising treaty rights!

[Battlestar]

Sorry for the delay but wanted to let you know she arrived safe and sound in Belgium. Got held up at the airport as immigration officers were asking here why she arrived here, to show proof of finances and when she would leave (did not get a return ticket).

Answered questions stating EU right and two hours later was allowed to leave.

Thank you to everyone for all the help.

[Battlestar]

Hello guys,

Anyone know how long it takes to get a residence card in Belgium.

I submitted everything required by the 21 May 2017. Had a police check done two weeks ago and have annex 19 only but have yet too be issued a residence card, never mind my wife. Also on issue of the RC, will I have to wait three months from receipt of the RC before I can apply for EEA Family Permit to take my wife back to the UK or is dated from when you arrive in Belgium?

Thank you.

[gokulatti]

Hello guys,

Anyone know how long it takes to get a residence card in Belgium. They have maximum Six months from the date of application to decide.

I submitted everything required by the 21 May 2017. Had a police check done two weeks ago and have annex 19 only but have yet too be issued a residence card, never mind my wife. Also on issue of the RC, will I have to wait three months from receipt of the RC before I can apply for EEA Family Permit to take my wife back to the UK or is dated from when you arrive in Belgium? I believe for Surinder Singh the date starts from when YOU start exercising rights.
Thank you.

[Battlestar]

Hello guys,

Can anyone assist me with my last question. The last response seems to be a blank response.

Having chased the foreigners office in Antwerp, I am told I will get my card in two weeks. They have said my wife will then be given a blue/green card for six months and then a five year permit.

Can they do this, I only planned to stay for 4 months and its almost three. I can't stay another six.

[waqasars]

They should issue the card for 5 years. Blue card is different category. Its not for the Spouse of eu citizen.

[Battlestar]

thanks Waqasars,

Can anyone else confirm this?

[gokulatti]

The card you get is just a form of registration certification meaning you have been registered in the belgic national register, it is not a residence permit. for your wife, for the actual family member residence card (5 years valid) to be issued, the authorities legally have 6 months time to decide, depending on backlog, vacation time etc. it can take less than 6 months or the full 6 months, there is no work around this. While, your wife waits for this 6 months time they should issue a form of sticker (varies in member state, some can be on paper, some can be a vignette on the passport, renewable) valid for 6 months which gives her right to stay in Belgium legally and also work (this is not a residence permit as well). This I believe is what they meant by 6 months card. The sticker only allows wife to stay in Belgium and it is not equivalent to a schengen visa therefore she cannot travel outside Belgium. If I were you I wouldn't rush going back to UK at least until the residence permit is issued at the least. Yes, you have to wait until 6 months (hopefully sooner) for their decision for the residence permit to be issued. I hope this is of help, Good Luck!

[Battlestar]

Thanks for the detailed information gokulatti.

I have a job offer from the uk starting in three months that's over the cap so not sure what to do now.

[gokulatti]

I am afraid you need to stay until she gets her eea permit you need to also be exercising your treaty rights, which is also the most important criteria for SS. This permit when given will enable your wife to travel with you back to UK without an entry clearance and also make your case stronger. If you leave before her permit is issued then i am afraid she has no legal rights to stay in Belgium on her own and there are cases (not often) where police verification are done and if they find out you left to UK they might outright refuse the application and she will be asked to leave in 28 days. in 2017, finding the entry exit details is just a click away at least in the context of schengen data exchange between member states and their various agencies.

How exactly are you exercising your treaty rights in Belgium if i may ask?

[Battlestar]

Hi gokulatti,

I arrived May 10, wife arrived 12 May. I was a job seeker and I found a job on the 19 June as a data entry / office assistant. The contract is a one year contract but can be terminated with one months notice.

I was thinking of applying for a UK spouse visa now that I have a job that is offering circa £30,000 and take her with me to the UK instead of waiting another six months. That was my thinking.

[gokulatti]

congrats on the job offer. if you do not want to wait don't you qualify to take wife even on uk domestic law? or maybe the joining date could be postponed until the permit is issued? they are chances you know the permit comes in 2 or 3 months..

[Battlestar]

Hello Gokulatti,

My employers in the UK have pushed back my start date until 1 November so I will stay until then and hope for the best. I have my 5 year card now and when I asked at the appointment desk regarding my wife, they said that she has an appointment at the end of the month where the temporary '6 month stamp/vignette/etc' will be given.

I asked if the six months started with the date of arrival or when we first registered our intentions of staying (26 of May) but the lady stated it starts was from this month when she has her appointment. Is this true?

She said the reason was because she came on a schengen visitor visa (C) and not family reunion, but I've just looked at her passport and it does in deed say that but having looked at the application I made, it clearly has the 'family reunion LUX and EU national box ticked.

So any idea what the timings might be?

[gokulatti]

Don't worry about the dates of your wife. I believe, the day you registered is the starting date of you exercising treaty rights and this is what gives you the basis for SS. Wait until wife gets her 5 year permit and then with the permit, your registration certificate + proof of exercising treaty rights (i.e work contract/self finances+insurance/ self employed) and tenancy agreement in both your names should form a convincing case. key is to get wife's residence card which gives her free entry clearance to UK.

[Battlestar]

I understand what you are saying but I can't push my start date beyond the 01/11/2017. Therefore if the six month period starts with then end of August, that makes 6 months to February 2018 which I can't wait for. However, if it is May, then it takes it to November which is perfect. Hence I needed clarification of when the six month period started.

[rainish]

Hi Battlestar which application form did you use for your wife visa. Was it schengen visa? I'm british living in Netherlands and I'm also applying my wife visa who's in pakistan. I've been living here for about 5 months now. I'm confuse which application form/visa to apply. Thanks

[Battlestar]

Hi guys, no update on this yet and have had to let job go in UK as I'm close to getting my wife's residance card here (I hope).

I want to call my mother in law from Kashmitr over to visit and wondered if anyone can tell me what document ad route i need to go down. She is going to come to visit only as we are expecting in late January. I have been financially supporting her for the past three years and have proof. Do i need to get any documents translated or attested like i did for my wife?

[Battlestar]

Anyone?

[Battlestar]

Sorry to bug again but if anyone could help answer, I'd be grateful.

Basically need to know what route to call my mother in law over to Belgium, I think its the extended family member but I'm not sure if its a schengen visa or long stay visa? Also looking at http://pakistan.diplomatie.belgium.be/e ... lgium/visa it keeps saying I need to provide proof of income under all visa options. Is this needed or as I did with my wife, can i just send hotel bookings and flight reservation?

Please assist if you can.

[Battlestar]

Just re read the Free movement guide and the documents I need are the same as my wife but I need to show dependency so her bank statements and my bank transfer statements will be sufficient.

[FaarzH]

Visa handbook C(2010)1620 consolidated.
Part III
3.6 supporting documents
.
.
-the visa applicant accompanies or joins an EU citizen (e.g. a proof that the EU
citizen already resides in the host Member State or a confirmation that the EU
citizen will travel to the host Member State).

It is an established principle of EU law in the area of free movement that visa applicants have the right of choice of the documentary evidence by which they wish to prove that they are covered by the Directive (i.e. of the family link, dependency …). Member States may,
however, ask for specific documents (e.g. a marriage certificate as the means of proving the existence of marriage), but should not refuse other means of proof

confirmation that the EU citizen will travel to the host Member State ???
How can it be confirmed , the travel itineraries we make its not legit its dummy to avoid loss ,me and my wife will be travelling together from Pakistan

[Battlestar]

Finally got my wife's ID card,

Is this the correct one guy an can she come to the UK or does she need a visa? The card says family of union member in Dutch.



image link https://ibb.co/gwjCf7

[Omiisl]

Hi,
What documents were asked by districthuis for your wife ID card.
Any document related to your partner source of income in PK?

I know this is an old post but any reply will be helpful.
Thanks