Post
by frustratedbrit » Sat Nov 02, 2013 8:30 pm
Here's an update on my situation. This has not been an easy ride! I get the impression that Holland is the most difficult country for doing the Surinder Singh route via. (Does anyone concur?) This is a bit of a long story, with no question as such. I'm just writing this tale of woe to let people know the sorts of things that can happen, and how assertive and determined you might need to be.
THE HEAD OF VISA PROCESSING IN LONDON
The experts on this website were correct in that the head of visa processing at the Dutch Embassy gave me the wrong advice regarding my stepson (he does not need an MVV visa). In a follow-up email to him, I pointed out the paragraph EU Directive 2004/38 defining "family member". He simply didn't reply to my email. When I emailed again after 4 days, asking if he could estimate when he might be able to reply to my follow-up question, he replied saying that he had already stated his opinion, but said that I was "entitled to my opinion". I proceeded to book an appointment with the Dutch Consulate in Birmingham. I also phoned the IND, who were very helpful but weren't sure until I gave them the relevant paragraph from the Directive, and then they were able to look up the corresponding paragraph of Dutch law, which I was able to later print out for our appointment at the Consulate.
THE DUTCH CONSULATE IN BIRMINGHAM
The man on the desk was the rudest person I have ever met. I introduced us as applicants under EU Directive 2004/38, concerning free movement of labour for EEA citizens and their family, and pointing out that my wife/stepson did not have to provide the normal visa application process documentation or fees, and that we just needed to provide passports and marriage certificate. He took one look at their passports and told us to "forget it", because they needed at least 3 months left on their UK visas but only had a few weeks. I poltely reiterated that the normal rules did not apply due to 2004/38. He just laughed, repeating "forget it" several times over. After a few minutes of this I was still calm, but he was now shouting the words "FORGET IT" at us. At this point I stated to him that the Dutch Consulate was not the ultimate authority on these matters, and the the IND was, and that the IND had clearly told me the situation. He then agreed to accept our applications, but still saying we didn't stand a chance.
At one point he tried to refuse to proceed, because my wife had not signed her passport (after years of use, we didn't even realise that it had to be signed). When she signed it in front of him, he refused to accept it because "she could be anyone". When I pointed out that he had already accepted our marriage certificate as genuine, and that her signature was on that too, he agreed to proceed.
At another point he said that my stepson was not my son, and so the application was pointless. At this point, I produced a printout of the page of Dutch law (written in Dutch) defining "family member" for the purposes of the Directive. I asked if he could read Dutch. "DUTCH?", he shouted in reply, "NO I CAN'T!", as if I'd asked the most stupid of questions. Quite a reasonable question to ask an employee of the Dutch Consulate, I thought to myself.
At the end, he told us that it would cost us 16 GBP to send the applications to the Dutch Embassy in London for processing. When I told him that, as part of the Directive, they were obliged to offer us free entry-visa processing, he chuckled and said "alright then", and accepted us not paying the fee.
We received entry visas for my wife/stepson a few weeks later.
THE TOWN HALL IN HOLLAND
Our objective is to receive certificates of verification against EU law of legal residence in Holland for my wife and stepson. The process is complicated. We first need to register at the town hall and receive BSN numbers. But to register at the town hall we first need to have a rental contract. We find a place to rent, patiently wait 4 days for the landlady to sign the contract, and then book and appointment at the town hall. We turned up a few days latter equipped with passports, birth certificates (and certified translations of the Vitenamese ones), marriage certificate (and certified translation) employment contract and rental contract. The official dealing with our case was extraordinarily vague. He told us that we needed to get everything officially stamped (including my full UK birth certificate), and told us of offices in the UK and Vietnam where we could get these stamps. He told us to wait for BSN numbers in the post before applying to the IND. And he issued my wife and stepson with bits of paper, written in Dutch, to give to the IND. We walked away confused but unable to get clarification.
The BSN numbers for my (British) daughter and I arrived in the post 5 days later. We waited for my wife and stepson's but 3 days later there was no sign. So I turned up at the town hall, told them our situation (Surinder Singh, waiting to apply to IND, etc) and was told it takes at least 2 weeks for non-EEA applicants. So next week I turned up again, and was told that the process takes 4 weeks for non-EEA applicants, but when I kept on pressing, I eventually got out of them that my wife and stepson cannot get BSN numbers until we apply to the IND. I said that we were told to wait for BSN numbers, and they said that the EEA family members get their BSN numbers, then we apply to the IND, then the non-EEA family members get their BSN numbers as part of that process.
THE IND APPLICATION
So then we booked our appointment at the IND.for a few weeks later. The process is that the EEA family members register first, and based on this the non-EEA family members can make their application (plus 42 euro per person fee). We turned up at the appointment armed with all the usual documentation (see above) plus application forms plus application fees, plus proof that I have sufficient savings (something like 1,300 euros per month x 12 months) not to be a burden on the Dutch state welfare system (my wages at my job are not enough because my job is only part time, and in any case only lasts 3 months). They did not accept my savings because my savings statement did not say on it that the saviings were instant access. Also, they said I needed Dutch health insurance, which I did not have for my family because they cannot get it until they have BSN numbers! The lady agreed to book me in for a follow up appointment a couple of weeks later, which she kindly said the other members of my family did not have to attend.
In the interim I tried to get my building society to send me a letter with the terms and conditions of the savings account, but they refused, saying that it was an internet account. When I offered to pay a fee to cover the costs, they said it was not possible. So instead I printed out the terms and conditions from the internet (the lady at the IND suggested that doing this would be sufficient).
I returned for the followup appointment, armed with the terms and conditions of my savings account printed out from the internet, showing that it was indeed instant access, and with EEA health cards for me and my daughter. They accepted that the health cards were good enough for health insurance (I think we were lucky here), so my daughter and I successfully registered. But they would not accept the terms and conditions of my savings account - they said I needed a letter addressed to me explcitly stating that the account was instant access. I said I had 3 other bank accounts which together contained just about enough, and that I could print out the details of these if they would let me log in to my accounts on the internet, but they said this was not possible. Instead I had to wander into the town and find a cafe with internet connection so that I could download my statements, and then find a print shop to print out these documents. I returned a few hours later and they accepted our applications.
That second appointment at the IND was at the end of August. My wife and stepson have been granted 3 months temporary visas whilst the applications are being processed. I am told we are likely to hear the answers a few days before the end of the 3 months. One bit of good news in the interim - a few weeks ago my wife and stepson got their BSN numbers. Note that at no point did we provide anyone with the official stamps from the organisations in the UK and Vietnam that the town hall told us we needed.
NO REGRETS
So, in conclusion, this is not an easy journey, not in Holland at least. It's long and complex, and so complex that nobody seems to understand what the rules are. I have absolutely no regrets though. I've lost several thousand pounds in extra rent, travel and lost income. But life here in Holland is good, and at the end of it I'll have the right to live with my family in my own country, with no strings attached from the UK Border Agency.
Last edited by
frustratedbrit on Mon Nov 11, 2013 7:40 am, edited 4 times in total.
