Schengen visa question: Do not meet the income requirement, how can my Thai girlfriend come to the Netherlands?
Dear Editor/Rob V.,
I want to bring my Thai girlfriend to the Netherlands for 90 days, but I'm not sure how to go about this? I do not meet the income requirement as I have had a serious accident and have therefore been rejected. Actually, I'm a bit confused about how to handle this now? Would anyone here be willing to help me with that?
I have been in a relationship with her for 3,5 years and met her here in the Netherlands. She has been here a number of times, but that has gone through friends, but they no longer have the opportunity to help me with that… I miss her so much!
Please comment,
Regards,
Patrick
Dear Patrick,
I completely understand your feelings, you don't have it easy with a situation like this... If you have not been declared fully and permanently incapacitated for work, you will have to meet the requirements of a sustainable and sufficient income. Because this is not the case with you, there are only a few options left:
1. Have someone else act as guarantor: family, good friend, etc. Unfortunately, you don't have anyone (anymore) who can and wants to act as guarantor. This option is therefore not available to you.
2. Have your girlfriend act as a guarantor for herself with sufficient means, for the Netherlands that is 34 euros per day of residence (per foreign national). If your girlfriend doesn't have such an amount, you could gift her some money. But beware: the money must really have become something of the heart, the government does not accept an advance (borrowing). And sudden large transactions of money will raise a red flag. After all, that may indicate that it is not really her money or even indicate human trafficking. So make sure that she has such an amount in the bank for a longer period of time so that it is clear that this is really her money and not a loan or something like that.
3. (drastically): Marry your girlfriend and then go on vacation elsewhere in Europe. By entering into a legal and sincere marriage, your girlfriend would officially become your family. This means that it falls under European rules for the free movement of persons. Specific rules state that a non-EU family member of an EU citizen must obtain a free visa with minimal obligations, including no income requirement. However, these rules only apply if you two go to an EU country other than the country of which you are an official citizen. You then have to go on holiday in another country, for example a neighboring country or in warm EU member states.
You can find more information about this in the Schengen dossier under the keywords 'guarantor' and the heading 'What about special visas/procedures for family members of an EU/EEA national?' (page 24). See: https://www.thailandblog.nl/wp-content/uploads/Schengenvisum-Dossier-Feb-2019.pdf
Fun, fast and easy is different but hopefully you can manage it anyway. However, you will have to work patiently and meticulously. If you opt for a marriage, this also gives additional options for any migration plans. You can then also use EU rights, which by that time the relevant chapters in my file 'immigration Thai partner'.
Good luck! I'm sure it will be fine.
Rob V