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Schengen visa for EU citizen Spouse (non EU)/Facilitating visa question(s)

Hi Everybody!!

My question(s) is regarding a Schengen/Facilitating Visa of a Spouse of an EU citizen.
We want to request this visa for my husband ( Egyptian). I am Spanish living in the Netherlands so I am under the directive 2004/038/EC .
We understand that for this kind of entry visa they cannot request the normal documents as for an ordinary Schengen Visa ( hotel reservations, travel itinerary, letter from employer…. Etc.) . We have to present a copy of our valid passports and the marriage certificate that proofs to the Consulate that he is a family member of a EU citizen.( and of course the picture and the visa form)

The agency that deals with the Dutch visas in Egypt ( VFS Global) first told my husband he had to present all the documents as for a regular tourist visa, When he mentioned that that is not lawful and that he is under the EC Directive 2004/038 then they changed the version and said ok but we need proof that me ( EU citizen) I am resident in The Netherlands and proof that I have a job. I think this is also not really required for a sort stay visa as for stays up to 90 days no requirement is needed for EU citizens ( an in extension for their family members) I am ok providing these documents if it helps not getting the visa rejected though but I think this is more for the long stay visa.

Now, we obviously want for him to stay here for the full 90 days, during which we will process the request for his permanent residence at the Immigration office.. My question is, should be put that in the visa form and be brutally honest with them or should be just ask for a multi-entry visa saying that is so he can visit me while every now and then or while the permanent visa process takes place?

Also we read that they can only refuse the visa in case of public health issue, public policy , public security and in the case of a fraud marriage. I understand rejections are rare and they have to be documented but, how can they determine if a marriage is a fraud just from a certificate? I am worried because I read so many bad experiences and I just want to make sure that at least we don't make any mistake during the process.

Will he also have to have an interview for the visa like for a normal Schengen visa with lots of questions? Would it be advisable to provide some kind of evidences to show that our marriage is real, if so what would you suggest?

Also, if they grant him the visa and he wants to stay longer than the 90 days, can we request an extension while he is here or maybe a different kind of visa so he doesn't have to leave me?



Comments

  • @Luna
    You should provide proof you are exercising your treaty rights i.e. you are working or studying etc.
    Also proof of your accomodation is required.
    For my clients I also put in the EU nationals bank statements. This also goes to show your exercising treaty rights.

    Just apply for the visit visa as normal do not state your intention to apply for the residence permit.

    The family of EU citizens dont pay for the visa and their application should be dealt with quickly.
    You would be shocked at how many people make fake marriages. It is at the discretion of the Dutch caseworkers if they want to interview your husband but interviews are rare.

    Good luck
  • Dear Alethia, thank you for your fast response! I will send my husband a copy of my last pay sheet so it proofs that I am working here and also a copy of my contract so it proofs long term, maybe it would also be a good idea a letter from my landlord where it tells me the new rent for the next year, or the rental contract itself?

    We will then just apply for a multientry visa with the fist intended stay for lets say 3 weeks. Does that sound reasonable?

    And should I also ask my husband to bring some pictures of us together during my previous trips to Egypt to help with showing our marriage is real?

    I know I am probably over reacting but better too many documents than too little I guess

    Once again thanks a lot you really put my mind a bit more at ease....

    Luna
  • @Luna
    You are not overeacting at all. I am aware of what EC Directive 2004/038 states but each country puts their own ideas on that diirective so the more information you can send regarding your work and relationship the better.
    Your house contract , letter from your landlord, bank statements, wedding photos, photos of your visits to Egypt.

    Request a 3-4 weeks visit visa and then on his arrival in Holland apply for his Dutch residence permit.

    I wish you all the best
  • One last thing, can they demand originals of these documents to proof my residence in The Netherlands? My husband spoke to VFS Global again today about all these documents we will present to proof that i am a resident and i work and so on and he asked them if they would accept scanned copies that i would send him and at first they said no, we want originals, then when my husband told them that how am i going to send the originals? like my original employment contract or my rental agreement per example if they only take original and i give it to them then i keep nothing? Then they seem to realized it didnt make sense. Not to mention the risk that even by courier documents may get lost.

  • @Luna
    No matter what country you apply for a visa you are required to send original documents,it is mandatory.
    If you fail to send original documents the visa will be refused
    You keep copies of the originals and you then send the original documents by courier for example DHL to your husband.
    These documents will be returned once a decision is made.
    By trying to go against the legal requirements you are making things very difficult for your husband. You are special because you are an EU citizen you must follow the rules.
  • edited May 10
    Thanks Alethia

    Now that i know that It is indeed a lawful requirement I will be happy to comply of course.
    But to be honest I really thought VFS Global was trying to fool us once more. They are still insisting that we need to provide travel reservations, accomodation arrangements, letter from his employer... and when he tries to explain them that this is not the case... they simply hang up. So frustrating!!

    I will not give them any reason to reject our application so I will forward the originals to my husband by courrier and keep my fingers crossed. :)

    Thank Alethia, you really have no idea how wonderful it is to find someone that can advise you and help you find your way in these procedures. Mostly feels that the personnel of the official institutions are trying to do the oppositte.

    Please keep your helpful support and once more thank you.

    I will keep you posted and hopefully with good news!

    Cheers!
  • UPDATE: Well,... it took 16 days but in the end my husband got his visa approved. We just collected it today. He got a 3 months multientry which should be more than enough to go to the next step.

    Thanks a lot for your advise it really helped.

    Cheers
    !
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