some advise in regards to 2004/38/ec

[Aprilday]

Dear members,

2 and a half weeks ago my wife, submitted a visa request in Manilla("Philippines"), to come over for 3 months, for her and her daughter; my stepdaughter. My wife mentioned she was applying for the entry visa(2004/38/ec), and was told by VFS first she should pay 1100 peso times two, and that in order to get this visa, she had to attend a interview at the Belgian Embassy the next day, there they've interviewed her, and they asked why she not applied for a D visa; where we stayed when i was there and more things like that. To me that already seems like they didn't follow the policy at all in regards to the directive ? After that they've send us an email with our case numbers and a link to the website of the Belgian Immigratation office, which doesn't show anything when we try to look it up, even the url in that email was wrong, and to be honest that website is so outdated, it's quite emberassing. So if we can't use the website, i tried to call to the number as provided on that website, first time i was waiting for 23 minutes then i get transferred through, and they just put me on hold/mute and after about 10 minutes they broke connection, i was sure they put me on mute because i worked as a telephony engineer for many years, but i tried it another time, then i managed to get to speak to someone, and this person was the most rude i have ever heared, he said it's busy at the moment, the case is still pending i just should wait it can take up to 30 days but might be 60 because it is very busy and then disconnected the phone, as far as i know they should provide the needed feedback after 15 days or is there a exception to the rule, because we didn't hear anything from them? Can anyone tell me did they also have this experience with travel to Belgium? and should i already file my complaints at Solvit, or should i wait a little longer? For me it's really beyond me that people who work at this level, can be so unprofessional it's giving us quite some stress now and we are not sure if we should wait for the decision or complain at solvit now.

[secret.simon]

What nationalities do you hold?

[Aprilday]

Sorry for not mentioning that part, i'm a Dutch Passport holder who lives and works in Belgium for at least 10 years now, and my wife and daughter both have the philippine nationality.

[dan1988uk]

Sorry for not mentioning that part, i'm a Dutch Passport holder who lives and works in Belgium for at least 10 years now, and my wife and daughter both have the philippine nationality.

Visa should be free of charge but some embassies in Manila don’t know that, I am Italian living in the UK and when I contacted the German embassy in Manila for a Schengen visa for my stepdaughter they said that I have to pay, then I contacted the German Embassy in London and they told me that it will be issued free of charge, so I forwarded the London email to Manila and they agreed not to let me pay. In the application form what did you put on number 21? Tourism or other?

[Aprilday]

Thanks for your reply, in section 21 i checked visiting family or friends. Did they gave you a reply within the 15 days or did it also take longer?

[dan1988uk]

Thanks for your reply, in section 21 i checked visiting family or friends. Did they gave you a reply within the 15 days or did it also take longer?

You should have put “other” and add “family member EU”, the law says maximum 15 days unless more time for verification is necessary

[Aprilday]

Hello,


I sended an email, asking them why i still didn't hear anything yet, in regards to the visa application.

Dear,

My wife requested an entry visa for Belgium for herself and her daughter, but untill now no feedback or anything else have been provided. As far as i know the maximum handling time for such visa is 15 days from the moment, she made the visa request.

Kind regards,

xxxxxxxxxxx

Then i received the following answer from VFS.


Dear Sir,

Greetings from Belgium visa application center!
Please be informed that the minimum processing time is 15 working days and it is the Embassy's discretion on how long the application will take. You can personally email them directly for updates at manila.visa@diplobel.fed.be
For further information or queries, you may reach the call center at +63 2 790 4908 between 7:00AM to 4:00PM- Philippines time, Mon - Fri, except holidays. Or you may visit our official website: www.vfsglobal.com/belgium/philippinesfor complete details.
Thank you for contacting Belgium Visa Application Centre. Have a nice day.
Best regards,
----------
xxxxxx
Belgium Visa Service Desk

[Aprilday]

Also my cousin called again, to the immigration office today , she was told that it can easily take up to two months or more .

[Prawo]

With regard to Directive 2004/38/EC visa issues it's unfortunately beter to avoid Belgian embassies anywhere in the world if possible.

In the case of the Philippines it's better to plan a trip to Poland as in such a case the visa can be applied for at the Dutch embassy (remember to proove Poland is YOUR main destinatioan) as the Dutch by now know how they have to deal with such applications and the processing time is between 15-30 days (as such applications are standard submitted to the Dutch Visadienst in The Hague).

Do prepare their application properly, als the slightest mistake will give any embassy a reason to refuse this type of visa (and any other).

In case of an unforseen refusal you can easily appeal in Dutch following to the Dutch administrative procedure. It's more trustworthy and cheaper than through a Belgian court and lawyer.

[mgb]

Also my cousin called again, to the immigration office today , she was told that it can easily take up to two months or more .

Complain to Solvit.
http://ec.europa.eu/solvit/index_en.htm

Due to the visa handbook C(2010) 1620 final from the EU commission max is 15 days for family members of eu citizens.
Exemptions have to be truly justified.

[Prawo]

Exemptions have to be truly justified.

I never saw that happen.
Not by any Schengen consulate.