Dear Rob/Editor,
My + daughter is not allowed to visit Belgium, what now? I understand there is no point in appealing. Lawyers in Belgium think they can help, but do I also like to ask the question here? Maybe then we can also avoid the lawyer fees.
It seems that we are being 'punished' for being married in Belgium with a 'tourist visa', even though it is perfectly legal! My wife heard within the Thai community that the 'punishment' would last 5 years. Our daughter will be 21 in November, which I thought was not unimportant in this situation. I would like to quote the text of the refusal:
"Motivation:
Legal references:
The visa is refused on the basis of Article 32 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a common code
* (13) There are reasonable doubts about your intention to leave the territory of the Member States before the expiry of the visa.
The person concerned is young and unmarried and wishes to visit her mother. Her mother received a short-stay visa to travel to Belgium and she married and settled in Belgium during her stay. The person concerned is a student and does not show that he has regular and sufficient income that proves the financial connection with the country of origin. The person concerned submits documents that are necessary for a long stay.
For the above reasons, it is considered that the person concerned offers insufficient guarantees of return to the country of origin. ”
Regarding 'long stay': we applied for a multiple entry to be able to travel back and forth without having to reapply each time. This until 2025. We added in a letter that we will accept a single entry if that does not work. My feeling is that I don't even read the accompanying letter in Brussels, Immigration Office!
Evidence of University and study added. 3 more years to go…
Payments from mines two of the study.
Translation birth certificate, legalized.
House registration, etc. etc…
Hoping someone has experience in a similar situation?
Dear Rene,
The embassy does not do "punishments", the decision officials have looked at various factors and then came to this decision. So there is no question of a certain period in which the embassy would interfere here, these are simply Indian stories.
It read like this that “the mother of this applicant got married on a short stay visa and then stayed (minus), that is legal but not as we wish to see it according to our procedures. The daughter may also want to follow such a path. She may be doing a study (plus) but has shown little evidence, which shows even more of a stronger bond with Thailand than with her family in Belgium. With a first application, 1 entry is the norm, immediately asking for a multiple entry can also indicate that she will have more with Belgium than Thailand (minus). So there are several potential risks, therefore reject”. With about 10-12% rejections, Belgium is a relatively difficult embassy in terms of visa applications.
What can you do? You could object, but from what I hear, this procedure in Belgium (unlike, for example, the Netherlands) has little chance. It will also take months. Of course, every file differs, so who knows that (with an aliens lawyer) this route is not entirely hopeless. But in general, Belgium's experience is that it is better to submit a new application that removes the embassy's objections as much as possible. Tip: Belgian officials also prefer a foreign national who only stays for a short time (a few weeks at the most) as evidence that a long stay is not intended. Considering 1 of the reasons concerns the history surrounding her mother and she can probably demonstrate very limited other things besides her studies that show a strong social and/or economic bond with Thailand (work, ownership of real estate, etc.), a new application will be a tough job for Belgium!
MY ADVICE/SOLUTION:
That is why I think your daughter has the best chance of going on holiday to a Member State other than Belgium. She could accompany you on a short tour through Europe, visiting 1 or more countries (except Belgium). Since she is not yet 21 years old, you can use the facilitating visa for family members of an EU/EEA citizen. You then use EU Directive 2004/38, with which a visa must be issued free of charge, as quickly as possible and without too much paperwork. Such a visa can only be rejected if there is a threat to national security or fraud.
For Flemish people, such a family trip via the Netherlands is the most practical, I think. So consider that your daughter travels to the Netherlands, joins you there, then possibly visits some other countries with you and then returns to Thailand. For details, see the extensive Schengen dossier that can be downloaded here on Thailandblog (see the menu on the left under the heading dossiers, “Schengen visa” and download the PDF file). Consult the chapter on applications for family members of EU/EEA nationals there. Of course, follow the instructions of the Dutch embassy if you go for such a visa via the Netherlands.
In addition to the fact that with good preparation, this visa can practically not be rejected, it is then a fact that your daughter will soon have a positive history in terms of visits to Europe. This puts her in a much stronger position than she would like to apply for a visit to Belgium on her next trip. After all, she has then very demonstrably shown that a long stay (read: Immigration) was not the goal and she will return nicely. Together with other evidence (such as “I still have to finish my studies”), things will go a lot better. Simply request 1 entry the first time as an extra proof that she does not want to be in Europe more than in Thailand. There are clear rules for issuing a multiple entry visa (MEV), so as soon as she is eligible for it, obtaining an MEV should be fine.
Anyway good luck!
Rob V
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