Dear editors,

How will my son get his girlfriend from Thailand to the Netherlands for 3 months? He has done all sorts of things, but Foreign Affairs always rejects the visa applications because it is not sufficiently proven that she will return to Thailand after 3 months, while she also has a 7-year-old child there. It is to despair!

Regards,

Henk


Dear Henk,

If I understand correctly, a 90-day visa has been applied for immediately. The practitioner will then wonder what ties there are with Thailand, after all, there are only a few Thai (or Dutch) who can get 90 days leave. A month away may already be a lot. If there is little further evidence of a bond with Thailand, the visa can indeed be rejected on the basis of 'danger of settlement'. Once rejected, follow-up applications where the evidence does not differ substantially from previous applications can simply be rejected with a reference to the first rejected application.

So a second application had better be very well put together, with various proofs that the rejection was unfounded. An objection with such evidence could also have been possible and is certainly not without chance for the Netherlands, especially if an aliens lawyer takes on the case. Since most Thais have a low salary, such an objection can be made with subsidized legal aid and it will cost the applicant around 150 euros to lodge an objection.

www.rijksoverheid.nl/onderwerpen/rechtspraak-en-geschilsrecht/question-and-answer/wat-is-gesubsidieerde-rechtsbijstand-en-hoe-vragen-ik-dit-aan

Furthermore, I can only refer to what is already described in the Schengen visa file and in Willy's recent reader question:
www.thailandblog.nl/visum-short-stay/visum-girlfriend-geweigerd-belgian-embassy/
– www.thailandblog.nl/wp-content/uploads/Schengenvisum-dossier-januari-2015-complete.pdf

In short, the overall picture must be correct: the duration of the stay must be logical, there must be evidence that demonstrates commitment (reasons for returning), the purpose of the trip must be clear (in an accompanying letter, the Dutch sponsor can briefly explain who the foreign national is, why he is coming and that it will be ensured that the foreign national returns on time) and the file must be complete. This means three double checks that no piece of evidence has been overlooked (don't forget the translations into English if the pieces of evidence are in Thai) and that the applicant has a clear story when submitting the application and answers any questions correctly can answer.

With proper preparation and a complete file without remarkable facts, there is a very good chance that the visa will be granted by the Dutch authorities. Last year it was about 3%, the year before even just 1%. So don't give up!

Success!

Rob V

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