Schengen visa question: Clarity regarding the possibility of free movement and a visa application in this way
Dear Rob,
My name is Bart and I live in Vietnam with my wife, who is from Indonesia. I hope it's OK to ask Rob a question here about a Schengen visa. We plan to visit family in the Netherlands in the summer, but because my wife's residence permit is valid for less than three months after return (it can only be extended in July), we do not meet this condition (evidence of legal residence ) when applying for a Schengen visa.
I am therefore looking for clarity regarding the possibility of free movement and a visa application in this way. I have read the Schengen file on the website and also saw the text in the question submitted on March 24 about an ME visa, regarding the option to submit a main destination with another country as a visa application.
My question is as follows: I have EU nationality (Dutch) and if I book a trip from Vietnam to Germany or Belgium and apply for a visa for my wife as a “family of an EU/EEA citizen” are we eligible? before that? When I read your Schengen file, it seems to be the case, but it also seems to me to be a very simple procedure (compared to all the paperwork required for a normal Schengen visa).
Can you briefly explain whether this is indeed possible, i.e. that I fly to another EU country and that I can then obtain a family of EU citizen visa for my wife, and what I may need to arrange?
I hope you can answer this question, because I haven't been able to get clarity on this elsewhere.
Thanks for the time and effort.
Dear Bart,
It is your wife who will apply for the visa and, together with you as husband, rely on European regulations (Directive 2004/38 to be precise). It is important that you, as an EU citizen (Dutch), and your non-EU (Indonesian) family member, have another EU member state in mind as your (main) residence to travel to. For example, it is not the intention that you apply for a visa for Germany and then spend most of your time in the Netherlands after arrival. This can hardly be checked by the authorities, but it is best to act honestly if you encounter an inspection and do not want to get into a conflict with an official.
I don't know what type of traveler you are, whether you plan a holiday from A to Z or whether you travel around haphazardly and without a plan. It may be useful to book accommodation for the first night(s) in Germany, and of course to reserve a plane ticket to Germany (another EU country is also possible, even via Schiphol would still be possible, but in the latter case you will probably get difficult questions from the border guards). Of course, you also ensure that there is a legalized marriage certificate and, if necessary, an official translation into a language that the official can understand (usually English). Of course, you also arrange passport photos and a copy of both your passports (in connection with personal data). And, although it should not be necessary: a copy of the document showing her residence status in Vietnam.
In addition, you complete the Schengen visa application form and when asked about the main purpose of the trip (Zweck(e) der Reise), you choose the option “other” (Sontiges) and write “I am accompanying my EU spouse” (joining EU spouse / Ich begleite meinen EU Ehemann). Do not forget to indicate that this is an application for an EU family member (Angaben zum/zur Unionsbürger) and enter your personal data as a Dutch spouse in the questions about the EU citizen.
Write a short covering letter in which you state that you are Dutch, you live in Vietnam with your Indonesian wife and you want to travel to Germany together.
This visa is then free, medical travel insurance or proof of financial resources may not be requested. Strictly speaking, one should not ask for a hotel booking or the like, but it is probably a small effort for you and it will make many decision officials very happy, so I would add that if possible. The application can be made at the embassy (usually by appointment, which must be made as soon as possible and within a maximum of 2 weeks) and one cannot therefore be obliged to use an external service provider (VFS Global).
If the application has been properly prepared, it cannot actually be rejected, except on the grounds of fraud or if you are a threat to the state. The requirements can also be read on the European Union website, in various languages, here:
https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_nl.htm
Applying for this visa at the German embassy:
It is of course useful to check exactly how the embassy in question has set up the visa process and to read carefully whether the employees are familiar with the European rules. The embassy's instructions should correspond with what I write here and what the official European website writes about this. The German embassy in Vietnam has the following website with visa instructions:
https://vietnam.diplo.de/vn-de/service/05-VisaEinreise/visa-kurzaufenthalt
Unfortunately, it is not immediately clear how you can obtain a visa for the family of an EU citizen. In any case, you can find the contact details there to make an appointment at the embassy.
For more information about other categories, please refer to VFS Global, which writes about EU applications:
“According to the Act on the General Freedom of Movement for EU Citizens for EU/EEA family members a simplified visa procedure applies. This does not apply for family members of German citizens. The application can be submitted either at the VFS Global Visa Application Center or at the visa section of the German diplomatic representation. An appointment is not necessary, but highly recommended to avoid a long waiting period.
The following documents have to be submitted:
-Schengen Visa application form;
-Two biometric passport photos;
-Original passport;
-Additional information sheet pursuant to Section 54 (2) 8 in conjunction with Section 53 of the Residence Act;
-Proof of relationship with the EU/EEA family member (for example marriage certificate in combination with a passport copy of the EU/EEA family member);
-Compulsory paid travel medical insurance.”
Source: https://visa.vfsglobal.com/one-pager/germany/vietnam/english/#visit
That mandatory medical travel insurance is NOT CORRECT!! Now you can point this out to the Germans by quoting the European website above (you can switch the language to German, Netherlands, English, etc.), or leave it at that and take out travel insurance anyway. It is wise to travel with good insurance.
To make a long story short:
– Contact the German embassy, I would write an email to make an appointment. Then you can immediately point out that there is an error on the VFS website and travel insurance is not necessary. Quote the European website and see if the official admits the mistake. If so, that's great. If not, just arrange insurance or escalate the matter and point out this mistake to the German Foreign Ministry. They can then offer their civil servant a refresher course...
– Complete the Schengen visa application form online. The link is on the embassy's website.
– Your covering letter so that it is clear that you are making a trip to Germany and fall under the procedure for family of an EU citizen.
– Two passport photos.
– Her passport and copy of passport.
– Proof of her valid residence status as an Indonesian in Vietnam (actually not required).
– Copy of your passport.
– Marriage certificate and translation. Copy thereof.
– Recommended: A reservation for your flight and/or hotel for the first night (not actually required, but makes your plans more than clear, so it is recommended).
– Optional: a recent official document confirming that you are still married.
– Optional: medical travel insurance.
And then it should be a matter of submitting the application within 2 weeks and obtaining the visa for free within 14 working days. Be sure to read the European Union website again about “Traveling in the EU with family members from outside the EU” so that you are well prepared. It also states what to do if the embassy makes a mistake and rejects the visa.
And if you decide not to go to Germany, consult the website of the embassy of Belgium or another European country (except the Netherlands) that you like and see whether an application there seems to be as easy as it should be.
Still going to the Netherlands as your main goal?
If you actually have the Netherlands as your destination and want to comply with all the rules, you will have to follow the normal procedure. Then you must apply through the Dutch embassy, just pay fees and all the paperwork that comes with a regular application. You write about how her residency status in Vietnam won't last very long, but that shouldn't matter. You are probably wrong about the rule that her passport must be valid for three months after the date of return to Vietnam. If her passport is still valid for a sufficient period of time and she has a valid residence status in Vietnam, that should be sufficient. It is quite likely that she will re-enter Vietnam and she could always show that she has the financial means to travel to Indonesia (as a national she will certainly be admitted there).
The Schengen rules state the following with regard to the burden of proof regarding return, quote: “documents proving that the applicant has sufficient means of support both for the duration of the intended stay and for his return journey to the country of origin or residence, or for transit to a third country where he is certain to be admitted or is able to obtain these substances legally”
Success!
Yours faithfully,
Rob V
NB For Belgians who are reading along and wish to apply for a free visa or accelerated visa with a minimum of documents: this is not possible via the Belgian embassy, but can be done via the Dutch or any other European embassy.
About this blogger
Read the latest articles here
Living in ThailandJanuary 21 2025Thai Butcher Chops It Up (Reader Submission)
Reader SubmissionJanuary 21 2025For sale from a reader: Land in Chiang Mai in the middle of nature
Immigration information letterJanuary 21 2025TB Immigration Information Letter No. 008/25: Immigration Chanthaburi – Year extension Retired
Visa questionJanuary 21 2025Thailand Visa Question No. 008/25: Validity Period of Non-O Visa
BArt emailed me back and pointed out that according to the checklist, a residence permit from a third country should be valid for at least three months and not just the passport. My reaction:
Dear Bart,
Then the checklist is incorrect, in the Visa Code (Regulation 810/2009) and its revision with new rules and agreements there is no requirement that a residence permit for a third country must be valid for at least 3 months. So I don't understand how the Ministry of Foreign Affairs decides to put this on the checklist. The checklist does not cover all possible scenarios anyway, but is a simplified representation of the most common requests/scenarios and unfortunately you cannot rely on it 100%.
If your main destination is the Netherlands, it is best to send an email to the Consular Service of the Dutch embassy. See the embassy's website for more information. Asking the question via VFS is just an extra link.
Ask them why the checklist states: “Proof of legal residence in the country you are applying from, eg a passport, visa or residence permit and a photocopy of the document. Residence permits must be valid for at least 3 months from the date on which you will leave the Schengen area.” while the regulations do not mention this. After all, the Visa Code requires the alien to submit: “documents showing that the applicant has sufficient means of subsistence both for the duration of the intended stay and for his return to the country of origin or residence, or for transit to a third country where he is certain to be admitted, or is in a position to obtain such means legally”.
BuZa could argue that a residence permit of less than 3 months does not guarantee entry, but a residence permit of any duration, 1 month, 3 months, 6 months or a number of years does of course not provide a 100% guarantee that in all cases that country comes in. The requirement of “3 months” therefore seems to have come out of the blue and is not supported by the Visa Code. A flight reservation (and financial resources) for a ticket to Indonesia would guarantee access to her native country Indonesia and be completely in line with the Visa Code. You could therefore submit a reservation for a trip to Vietnam -> the Netherlands and the Netherlands -> Indonesia -> Vietnam if BuZa were to interpret the regulations correctly but extremely strictly.
Given the reports circulating that BuZa's services have deteriorated since 2020, I would certainly first submit this question to the embassy/BuZa. If you like that response, include it with the application so that the decision officer in the visa applications department can also see it. And if you don't like the answer, plan a trip elsewhere in Europe.
Sources: Dutch checklist, European Visa Code and update of the Visa Code:
https://www.netherlandsworldwide.nl/binaries/content/assets/pdfs-engels/checklist-schengen-visa-visit-family-friends-en.pdf
https://eur-lex.europa.eu/eli/reg/2009/810/oj
https://eur-lex.europa.eu/legal-content/NL/TXT/HTML/?uri=CELEX:02009R0810-20200202&from=LT
I think it can be said again that Rob V. provides some clarity in the land of (sometimes seeming) randomness and I can appreciate that very much for what it is worth.
In principle, an application seems simple, but if you just don't fit into the standard picture, it becomes a challenge.
Rob, is the suspicion justified that the people at VFS (monopoly by the way) who conduct the discussion also include their personal opinion and that gut feeling plays a role in a decision?
I have never had any problems as a model citizen with an unmarried partner, but I always feel so sorry for people with good intentions and I continue to have doubts about these types of gate decision makers.
Dear Johnny, VFS employees are just paper pushers. Their job is nothing more than taking the documents and checking them for completeness using a checklist. In practice, it sometimes happens that the VFS employee says that a certain document is not necessary and can be removed from the application, or that something appears to be missing. However, the VFS employees are NOT supposed to remove papers from the application. It is also not their place to comment further. There was hardly any conversation with the employee.
But anyone who stands at the counter, full of nerves, inexperienced or with a non-standard application, must be prepared not to listen to comments from VFS (that a piece of paper is missing or not necessary or whatever). VFS must accept the application if the applicant insists on it, scan it and forward it to the decision-making staff of BuZa in The Hague.
In short: VFS should not be a “port decision maker”. But in practice this can turn out to be the case if the visa applicant relies on any comments or “advice” from VFS employees. These are just private individuals with basic training in taking papers who really do not know exactly how a visa application is assessed. With a “deviating from standard request” it's a real party… ahem.
And see also the disadvantage that applications are no longer accepted at the embassy and are processed there by a decision official. The embassy (in Vietnam) may be aware of the fact that a Vietnamese residence permit can only be extended shortly beforehand. The chance that an official in The Hague has that knowledge seems to me to be nil. I don't think that contributes to a good assessment.
Thanks for the explanation and unfortunately, I understand that arbitrariness can still lurk. It remains human work, they say...
I too have once called upon the knowledge and expertise of Rob V. and dare to say wholeheartedly that he is of immense value in answering all sorts of questions about the Schengen procedures and the way in which Rob V. shows us the way in what seems to many to be a maze. So let's just sound the trumpet of praise. He deserves it.
I would also like to say that my wife and I did not encounter any obstacles from VFS, we were treated nicely and the entire procedure went through smoothly. But there will certainly be applicants who have lesser experiences. That is also possible. But with good preparation, the right documents in order, and following the rules - you can go a long way. It is true that the entire EU visa process does not have the ease and simplicity of Thailand with their 3-month issuance and one-year extension, but it is no different. Once again: tribute to Rob V.