Schengen visa question: Can a guarantee be canceled?
24 August 2019
Dear Editor/Rob V.,
Can someone just do the guarantee to stop, for example, as a result of an argument? A friend of my wife is here in the Netherlands and an acquaintance guarantees, now he wants to stop this because she is not acting to his liking.
Regards,
Hein
Dear Hein,
You don't get out of a guarantee so 1-2-3. In the case of a short-stay visa, for example, it only expires when the foreign national has left the Schengen area. The guarantee also only applies to costs incurred by the government and not to costs incurred by private institutions. In practice, the government actually only knocks on the door to recover the costs of deportation (ticket back to Thailand) from the guarantor.
So if the Thai is not a burden to the government financially, then there is little to worry about. If she can demonstrate in another way that she meets all visa requirements, there is nothing to worry about. For example, by having 34 euros per day or by leaving another accommodation/guarantor. But once inside, the chance of an inspection is nil. If she just behaves properly, I would just continue her stay in the Netherlands, don't do strange things and leave on time. Then there is no cock crowing at it.
The only thing her boyfriend can do is contact the government (IND) and try to show that she has left him and what measures he has taken. If the government nevertheless incurs costs (for example if it dives into illegality), they will still try to knock on his door and he can look for a lawyer.
Regards,
Rob