Facilitation Visa Rejected

Hi Everyone!!!

My facilitation visa was recently rejected and I wanted to know if anyone can help me out with providing more information.

Back in November, I submitted my documents to VFS in Dubai but just got my passport back and the reason for refusal was

(Sufficient justification for the purpose and circumstances of the intended stay was not provided. You stated in your visa application that you wished to be considered for an entry visa and invoked the Directive 2004/38/EC. Detailed investigations have shown that you are attempting to abuse the right of free movement. You have demonstrated artificial conduct entered into solely with the purpose of obtaining the right of free movement and residence under EU law. Although you formally meet the requirements set out in the Community rules, this conduct is contradictory to those rules. Consequently, you are not eligible for this specific entry visa. You are free to ask that your application be assessed against the normal criteria for issuing a short-stay Schengen Visa)

I am a Pakistani citizen living in the U.A.E, my wife is a Portuguese citizen who has moved to The Netherlands, she has her BSN number and all that. We have an apartment there too and on the contract, we have both our names. Our Marriage certificate was issued in Seychelles which also contains the Apostile stamp that makes it recognizable in The Netherlands.

Also, I have checked with the consulate here and they've told me that I don't need to apply for an MVV because of my wife's nationality. 

We are looking to appeal but I want to know how does that process work and what should I write in my letter.

Thanks in advance.

Hi and welcome to the Forum.

The directive you are quoting relates to the right of free movement; what they are telling you is that you married for the sole intention of getting around the relationship rules, so is not a meaningful relationship; in other words, they think you have a convenience marriage.  The fact they are quoting a "detailed investigation" almost certainly means they have evidence to back up their claim.  You should also consider that the different EU immigration departments do talk to each other when considering visa applications.

In order to appeal, you will need to prove that you do have a qualifying "meaningful" relationship, just being married to an EU citizen is not sufficient.  How do you do that, you need evidence, so proof that you have previously lived together as man and wife.

They have told you that you are welcome to apply for a short-term tourist visa (better known as a Schengen visa) which will allow you to stay for up to 90 days; you can Google for the full details.  You can use these 90 days trips to build up evidence of a meaningful relationship.

Hope this helps.

Cynic
Expat Team

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