Schengen visa question: Every three months to Belgium and then stay there for a month

Dear Rob/Editor,

Dear Fred,

Thai citizens are bound by the visa regulations. The standard rule is that in any period of 180 days, you can stay in the Schengen area for a maximum of 90 days. To make maximum use of this, a Thai can stay in the Schengen area for 90 days and must then stay outside the Schengen area for 90 days. Other combinations are also possible as long as one never spends more than 90 days in the Schengen area in the last 180 days. If your girlfriend were in Belgium or the Netherlands today, she should look back at the past 180 days and then check that you are not over the 90 days of residence. As long as that's true, it's fine.

Of course it also depends on how many days someone has been allocated. For example, the Thai may have a visa that only has 15, 30, 60 or similar days of stay. Of course you have to stick to that. 90 days is the maximum that can be obtained.

With a first visa application, it is usual that the visa only has 1 entry, and you do not always get the maximum of 90 days of stay. The Belgian authorities in particular are rather reluctant to issue visas with a long validity. Don't ask me why, because someone with a bad intention (staying in Europe illegally) will not go back anyway… Regardless of whether the visa has 1, 2 or unlimited entries or whether it is valid for 15 or 90 days…

At the first visa application, the embassy has no idea who the applicant is, so it is very important to try to show that there is no danger. Make sure the overall picture is correct: does it make sense for someone to apply for a 90-day stay? (Someone who works or goes to school usually can't get 3 months off!). If someone has 3 months, can there be enough ties to Thailand to make a timely return plausible? Count on the fact that the Belgian embassy is a bit difficult, so depending on how the situation is assessed, it may not immediately be possible to obtain a visa with 1 (or more) entries and 90 days of stay.

If you succeed, it is easiest to come for 90 months, and then stay in Thailand for 90 days. After that, she can come again, but she must then apply for/have a new visa. It would then have 2 (or more) entries. The third visa may be multiple entry (unlimited number of entries).

EU route:
If the Belgian embassy is too reserved, you can consider going on holiday in the Netherlands. If you can demonstrate that you have a 'relationship equivalent to marriage' (a long-term, exclusive relationship such as a married couple), or if you can demonstrate that you are married, you can use EU rules. Such a visa for 'family of an EU citizen' can hardly be rejected, except for danger to national security and the like. Your main residence must be a holiday in the Netherlands, but you can of course visit your family in Belgium regularly.

Summarized:
no, you do not have to stay in Thailand for 180 days once you have returned from a holiday in Europe. 90 days Europe, 90 days Thailand is fine. But count on the fact that the first few visas are not immediately valid for 90 days and you only get 1 or 2 entries the first few times. If these have been used up, you will need a new visa.

Note: these are the pre-Corona rules. I don't have a crystal ball so describe the standard rules here. As long as there is still Covid-19, there are quite a few restrictions and hassle in terms of travel to both Europe and Thailand. Keep a close eye on the website of the Belgian or Dutch embassy as well as the Thai embassy for current travel restrictions!! But which ones will be in the middle of next year… check with the authorities by then.

Before preparing the application, I advise you to read the visa file, see the menu on the left with the Schengen file. This will take you to the next page, where you can download an extensive PDF document with an explanation of the rules and all kinds of frequently asked questions.

See www.thailandblog.nl/dossier/schengendossier-mei-2020/
-> www.thailandblog.nl/wp-content/uploads/Schengenvisum-dossier-mei-2020.pdf

Success!

Yours faithfully,

Rob V

PS: because you indicate that your daughter lives in Belgium, I have assumed that you are also Belgian. If you are Dutch, you could in principle rely on the EU rules, but there too there is a good chance that the Belgians will be difficult unless you show that you are married to your sweetheart. Many EU countries are rather difficult about unmarried relationships 'equivalent to marriage'. Are you Dutch and the Belgians are still difficult and getting married is not an option, then look at the main purpose of the holiday to simply see the Netherlands. In terms of difficulty, the Netherlands is a mid-engine and then you can ignore the difficult Belgians, so to speak.