Rejection of facilitation Visa

Hello all,

My facilitation Visa was rejected and I'm considering an appeal but I wanted to understand first the reason of rejection and if someone had similar case.

I am Lebanese, married recently in Cyprus with my Romanian wife who lives and works in the Netherlands.
Reason for rejection of my facilitation Visa are as per below:

Motivation 1: (Sufficient justification for the purpose and circumstances of the intended stay was not provided. You stated in your Visa application that you wish to be considered for an entry visa and invoked Directive 2004/38/EC. However, you were unable to provide sufficient evidence that you, as a family member of an EU citizen, will travel with that EU citizen to a member state or stay in a member state other than the member state of which he/she is a national. 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)

Motivation 2: (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 don't understand why as we provided all documentation requested in the application for facilitation visa. So why the reason at point 1?
And I have read in a post from 2019 that the second point means that they think our marriage is for convenience. Is that correct?
And what can we do to prove that this is not the case? Will pictures of us and travel proof (tickets, hotel reservation) be enough to appeal?

Thank you very much for the support.

Hi and welcome to the Forum.

The reason they rejected your application is explained in your post, they think yours is a marriage of convenience, that you married only to get into the EU; to quote them "You have demonstrated artificial conduct entered into solely with the purpose of obtaining the right of free movement and residence under EU law"; further, that the evidence you supplied to prove your relationship was insufficient "However, you were unable to provide sufficient evidence that you, as a family member of an EU citizen, will travel with that EU citizen to a member state or stay in a member state other than the member state of which he/she is a national. ".  So, you have not provided the details of where you will go to in the Netherlands, how you will get there, how you will support each other when you get there.

You need to prove that you have been in a meaningful relationship with your wife for a reasonable time (they normally want 2 years), you don't need to be married; for evidence, invoices in both your names, correspondence addressed to you both, previous housing contracts in both names.  You say you live in Cyprus, I assume you are legally in Cyprus and have registered there, so something perhaps from the Cypriot authorities addressed to you both.

Hope this helps.

Cynic
Expat Team

Hi, thank you very much for your reply.

Regarding your sentence "So, you have not provided the details of where you will go to in the Netherlands, how you will get there, how you will support each other when you get there", I have provided:
- flight tickets -> how I will get there
- her registration to the municipality where she lives -> where I will go
- how you will support each other -> this is not in the documentation requested for that type of visa.
At this point they should specify more documents to enclose in the application if the result is being rejected by providing all the docs they request, and then being told we need to provide more. 

As for the proof of our relationship we have never lived together, except for our year of university but the contract was in my name only.
But we have flight tickets on the same dates, hotel reservations and various tickets in general.

Do you perhaps know if the application to IND can be also done if I go to NL via tourist visa?
I feel that appealing the decision will take a lot of time

Thanks a lot again for your help!

On the face of it, I accept all that you say, but I am not the IND and it is them that have made the judgements of your application and it is them you have to convince, not me.

If your wife is living in the Netherlands, then perhaps she should go to the local IND office and make enquiries there.  Then you will have first-hand information for any possible way to achieve your aim.  The IND have a contact section to their website; this link will take you there.

I would not recommend you attempt to enter the Netherlands until you have this resolved; to enter on a tourist visa when your real aim is to seek to remain is against the law.

I agree. Since your wife is already legally residing and working in The Netherlands,  I believe she should query IND as she is in the best position and equipped to do so.

My father was also rejected with the exact same reasons. I have seen some other people here in the forum rejected on the same grounds recently.

I read somewhere that an organization called SOLVIT can help in these issues, so I contacted them to know more. I was surprised to know that IND is not really in favour of facilitation visas and tends to reject them more often.

https://ec.europa.eu/internal_market/sc … dex_en.htm

unjustified conditions and refusals for short-term visas for non-EU family members of EU citizens in the Netherlands, Sweden, Norway, Belgium, Spain, Germany, Ireland and the UK (also reported in 2018);

Hello i was refused also before and i re applied ..i came from philippines ..what we did is we register our marriage here in netherlands and my husband sent me the paper proof that we are registered in netherlands ...and i explained in cover letter about our relationship