Entry visa to Netherlands

Stuartb · Post by **Stuartb** » Sun Jun 02, 2013 7:48 am

I don't know how long it's likely to take, as I said it's been about two weeks, any ideas as to how long it might take and what they're likely to do?

ukforever · Post by **ukforever** » Mon Jun 03, 2013 3:08 am

EUsmileWEallsmile wrote:
ukforever wrote:
Stuartb wrote:No we haven't reapplied, the ministry of foreign affairs replied to my email about the situation and said they'd sort it out, so we're just waiting now
any news stuartb ???
The poor chap has just posted, let's give him a bit of space...

i agree,sorry stuartb,its just frustrating to know what's going on with your case,and exited in the same time to know the outcome of this saga,lets hope its gonna be sorted soon for u,u should get a positive answer soon..good luck

ukforever · Post by **ukforever** » Mon Jun 03, 2013 3:14 am

Stuartb wrote:I don't know how long it's likely to take, as I said it's been about two weeks, any ideas as to how long it might take and what they're likely to do?

well,if the ministry of foreign affairs acknowledged the case and they asked u to send more documents/proofs,it means they are considering the case and i'm confident that they would overturn the decision wrongly made by their embassy in kenya,they might get in trouble even so,what they did is wrong and i think the ministry will let them know,but i assume they already know that they made a mistake and i even think they did it by purpose,i think after u get the visa,u should complain against the embassy staff and the treatment you endured with your wife,they are in breach of your rights of free movement for u and your wife.
i hope u get an answer soon,fingers crossed .

Stuartb · Post by **Stuartb** » Fri Jun 07, 2013 4:35 pm

Would it be a bad idea to email the Ministry and ask for an update on the situation? Really struggling at the moment to be honest but also don't want to annoy them lol, it's been about three weeks since I sent then the details

Post by **EUsmileWEallsmile** » Fri Jun 07, 2013 10:25 pm

Given the length of time it has taken your wife to receive her "accelerated visa", I would be inclined not to be patient. So yes, feel free to annoy them.

ukforever · Post by **ukforever** » Sat Jun 08, 2013 10:13 pm

if u are working and paying tax in the country,i don't see why they are holding up your free movement rights,they are in breach of so may eu laws,and i feel u should complain to the eu commission or at least threaten them of doing it in case they don't comply,send them an email to demand your rights,and make a complain against the embassy who dealt with your wife's case,its better to send along all the refusal letters if u have them,its a proof of their eu laws breach of the directive and for what it stands...its my personal opinion,that's how i would do it if it was me,maybe some senior members would share their opinion too,it might help.

ukforever · Post by **ukforever** » Sat Jun 08, 2013 10:23 pm

http://ec.europa.eu/dgs/home-affairs/po ... 620_en.pdf

Stuartb · Post by **Stuartb** » Thu Jun 20, 2013 5:09 pm

So here is where I am right now, I have an appointment to register with the IND On Monday but don't think it'll work out as I don't think the people I'm working for will fill in an employers declaration, I have a contract but apparently need the employers declaration aswell, it's virtually impossible to get a job here at the moment, I can't even get a job in the centre of Amsterdam as I don't speak Dutch
so if the ministry of foreign affairs won't sort out the situation if I haven't registered where do I go from there?

the hurricane · Post by **the hurricane** » Fri Jun 21, 2013 4:44 pm

Stuartb wrote:So here is where I am right now, I have an appointment to register with the IND On Monday but don't think it'll work out as I don't think the people I'm working for will fill in an employers declaration, I have a contract but apparently need the employers declaration aswell, it's virtually impossible to get a job here at the moment, I can't even get a job in the centre of Amsterdam as I don't speak Dutch
so if the ministry of foreign affairs won't sort out the situation if I haven't registered where do I go from there?

Well I honestly don't think that you are moving forward with wife's application. To make a long story short, it would be difficult for your wife to get an entry visa because you have been living in the Netherlands more than 3 months (unless I am wrong), and to fall under directive 2004 you will need to show that you are a qualified person (I doubt that you fit in any of the categories). I don’t wanna discourage you but maybe you should look some other parts of the country as well because you don’t speak the language and this is a huge barrier. To be frank with you, the chance of getting visa at the Dutch embassy in Kenya for your wife is very slim.

Stuartb · Post by **Stuartb** » Fri Jun 21, 2013 5:37 pm

I contacted the ministry of foreign affairs 3 weeks after I sent them my wife's name and original visa application number and they asked for the information again, they obviously missed the email the first time, so I'm now waiting again
Pretty much everywhere I've asked about work I've been told I needto speak Dutch and that's in the centre of Amsterdam, I'm guessing in other cities it will be even tougher for non Dutch speakers to find work

Post by **EUsmileWEallsmile** » Fri Jun 21, 2013 8:20 pm

Stuartb wrote:So here is where I am right now, I have an appointment to register with the IND On Monday but don't think it'll work out as I don't think the people I'm working for will fill in an employers declaration, I have a contract but apparently need the employers declaration aswell, it's virtually impossible to get a job here at the moment, I can't even get a job in the centre of Amsterdam as I don't speak Dutch
so if the ministry of foreign affairs won't sort out the situation if I haven't registered where do I go from there?

The directive 2004/38/ec is quite specific about what documentation you are required to present in order to receive a residence certificate - have a peruse of it.

Stuartb · Post by **Stuartb** » Mon Jun 24, 2013 6:00 pm

I registered today so that's out of the way, while I was there they said my wife should apply again and take with her an application for a residence permit and say she needs an entry visa so she can cone here and get the residence permit
I assume the embassy are going to say the same thing as before and I'm still waiting for the ministry of foreign affairs to get back to me, so not really sure what to do now

ukforever · Post by **ukforever** » Tue Jun 25, 2013 6:37 am

Stuartb wrote:I registered today so that's out of the way, while I was there they said my wife should apply again and take with her an application for a residence permit and say she needs an entry visa so she can cone here and get the residence permit
I assume the embassy are going to say the same thing as before and I'm still waiting for the ministry of foreign affairs to get back to me, so not really sure what to do now

hi stuartb,
that kind of application that u are talking about(the wife asking for entry visa towards residence application)would take a considerable time to process,at least 6 month,its kind of a spouse visa or reunification family visa..either way , u will face scrutiny from the embassy in processing the visa for your wife and knowing the history your wife share with this particular embassy,i'm not confident they would apply the law,they did not show that they abide by the law in your previous experience with them..
what i suggest is that u apply for the schengen visa C after u secure all the necessary paper work from your work contract , payslips , letter from employer,accommodation,ect and then apply again,it would be faster then applying for the advised visa..
or maybe just apply for the German schengen visa C ,it might be the fastest way too,u never know...but i suggest u send your wife a confirmation email of your e-ticket from a plane/train company(this is to show that u are traveling there to meet your wife)to enclose it with the visa application,and u are not obliged to under eu laws but i strongly advice u to do so if u think to go for the German visa...then it would be easy to travel back to the Netherlands.
for the later option,u have nothing to lose rather then pay for a cheap ticket to Germany and the visa application would be free of charge,i suggest you go for it,u would have less headache applying for it and get an answer after just 2 weeks rather then waiting for the embassy or the foreign ministry to do anything about it...i hope this helps.

Stuartb · Post by **Stuartb** » Tue Jun 25, 2013 3:30 pm

Are you sure it would take 6 months? Someone at the IND said we should apply for the c visa just do my wife can get into the country and apply for a residence permit, really confused on what to do now especially as the embassy are likely to refuse anyway

ukforever · Post by **ukforever** » Tue Jun 25, 2013 5:53 pm

Stuartb wrote:I registered today so that's out of the way, while I was there they said my wife should apply again and take with her an application for a residence permit and say she needs an entry visa so she can cone here and get the residence permit
I assume the embassy are going to say the same thing as before and I'm still waiting for the ministry of foreign affairs to get back to me, so not really sure what to do now

Stuartb wrote:Are you sure it would take 6 months? Someone at the IND said we should apply for the c visa just do my wife can get into the country and apply for a residence permit, really confused on what to do now especially as the embassy are likely to refuse anyway

what u said in your last message is right,if she applies for a C visa it won't take 6 month but only 15 working days,in my reply i was referring to what u said in in your previous message that i highlighted in red,if they asked u to apply for the C visa which is 90 days visa then its fine,after she joins u,u can apply for residence card right away.
but as u mentioned if she takes an application for residence card and apply for the visa,then they would take as much time as they want,and it could be up to 6 month,i',m telling u this,because i've read it so many times on cases from the german embassy,italian embassy and the french,spanish,all of them have the same process,if u apply for a normal C visa,they will process it in 15 working days maximum and if its a spouse visa(spouses of dutch citizens) or a family reunification visa(eu/eea/other citizens) then,it could take from 3 to 6 months ,u can even go and check it out on their websites.
i'm sure it was just a misunderstanding from our parts,u shouldn't worry about it,i think u are in the right track,but i still strongly advise u to apply for a C visa from the German embassy,its free of charge and u can still get an answer as soon as u can,rather than wait for nothing , as the ministry of foreign affairs don't seem to put your case as a priority and if u reapply ur are likely to be refused,so u best shot is to apply elsewhere.
i wish u good luck.

Stuartb · Post by **Stuartb** » Tue Jun 25, 2013 7:01 pm

Ok the German embassy does seem like the best option at the moment, thanks

ukforever · Post by **ukforever** » Tue Jun 25, 2013 7:11 pm

Stuartb wrote:Ok the German embassy does seem like the best option at the moment, thanks

good luck and keep us updated.

the hurricane · Post by **the hurricane** » Thu Jun 27, 2013 8:28 am

Stuartb wrote:Ok the German embassy does seem like the best option at the moment, thanks

I think if you'd listened to my idea of Germany maybe your wife would have been here already! few hints when applying at the German consulate:

- As your wife already have a refusal from the Dutch consulate, you will need to provide strong evidence that you are actually going to Germany and not just trying to get a German visa and enter the Netherlands below are some alternatives that you can consider;

1. Book a cheap flight with Ryan air that shows that you (EU citizen) will actually visit Germany

2. You can also book a hotel and cancel it once the visa is issued ( Booking.com has that kinda position)

3. You will need to prepare your wife like why she hasn't applied at British or Dutch embassy since you live in the Netherlands ( theoretically it shouldn't be the case but from past experience I can guarantee that they will interview your wife and ask her that kind of questions)

If you manage to fix these things , you will have less headache. Good luck!!!

Stuartb · Post by **Stuartb** » Thu Jun 27, 2013 11:51 am

What I can guarantee is that there will be problems followed complaining to people and waiting and my wife and I wondering if we'll ever be together, I would go to Ireland right now if I could but I'm stuck here working harder than I have at any job before for hardly any money (becaue I don't speak Dutch) trying to scrape together enough for rent e

Stuartb · Post by **Stuartb** » Thu Jun 27, 2013 11:56 am

each month, sorry about that but I'm struggling at the moment and needed to get that out, I appreciate all the help from everyone here

the hurricane · Post by **the hurricane** » Thu Jun 27, 2013 2:50 pm

Stuartb wrote:What I can guarantee is that there will be problems followed complaining to people and waiting and my wife and I wondering if we'll ever be together, I would go to Ireland right now if I could but I'm stuck here working harder than I have at any job before for hardly any money (becaue I don't speak Dutch) trying to scrape together enough for rent e

No worries Stuartb I totally understand your frustration. Remember you are not the only one , and it is a long process but ultimately they will issue her a visa for sure. Don't be discouraged

!!!

nobodysperfect · Post by **nobodysperfect** » Fri Jun 28, 2013 1:49 pm

You have an option to get out of the Netherlands and move to Ireland. You will not loose the right of residence for an absence of six months. I am very sure that you will receive an outcome of your wife's visa application with the Dutch within six months. If at all it id positive you can go to holland a d easily come to Ireland together. Meanwhile make your life easier and go to Ireland. I have been to both the Netherlands and Ireland and I can pretty much guarantee you that's things are much easier in Ireland.
Also base on your post you are not earning significant amount of money so you will qualify for the legal aid in holland. Get a lawyer and you will see things moving much quicker.

Good luck

Stuartb · Post by **Stuartb** » Sat Jun 29, 2013 8:07 am

Yeah that's the problem with going to Ireland, as I'm not earning much I can't afford to at the moment and I guess it would take a little while to find work
If I got a lawyer what exactly would they do, would they deal with the Netherlands embassy in Kenya?

nobodysperfect · Post by **nobodysperfect** » Sat Jun 29, 2013 7:56 pm

The lawye can help you with your appeal alongside pushing the ministry of external affairs to grant you your rights. I had the same issue with holland and a Dutch lawyer sorted it out for me. There is no way you would get the similar response on your own.

ukforever · Post by **ukforever** » Sat Jun 29, 2013 11:46 pm

nobodysperfect wrote:The lawye can help you with your appeal alongside pushing the ministry of external affairs to grant you your rights. I had the same issue with holland and a Dutch lawyer sorted it out for me. There is no way you would get the similar response on your own.

nobodysperfect wrote:You have an option to get out of the Netherlands and move to Ireland. You will not loose the right of residence for an absence of six months. I am very sure that you will receive an outcome of your wife's visa application with the Dutch within six months. If at all it id positive you can go to holland a d easily come to Ireland together. Meanwhile make your life easier and go to Ireland. I have been to both the Netherlands and Ireland and I can pretty much guarantee you that's things are much easier in Ireland.
Also base on your post you are not earning significant amount of money so you will qualify for the legal aid in holland. Get a lawyer and you will see things moving much quicker.

Good luck

can u provide stuartb with information/direction on how to get legal aid,if u done it ,i'm sure it could help him sort out the issue sooner .

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Entry visa to Netherlands