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Posted

Hi there hoping for some guidance

I am looking to bring over my girlfriend and our daughter to the Netherlands for the summer 90 days here is a summary of facts

I have lived with my Thai girlfriend in Thailand for more than 3 years. I recently bought a condo for us. I travel back to Thailand every 4-5 weeks.

My girlfriend has had other tourist visa's including UK and China. (We are expecting her 2nd UK visa to be issued any day but is not confirmed)

Our daughter has dual nationality so therefore a Thai and UK passport - I'm not worried about entry for her.

My girlfriend occupation is full time mum she has no real assets except our car is in her name.

She can show enough in her own bank to satisfy the Netherlands. 90 x 34 Euro 3600 Euros or 162K Baht.

She and the child have medical Insurance.

I have my own company and it is providing the apartment for me I have the signed contract. This will be the base for us in Europe

I am not a resident of the Netherlands!

Ok which visa to apply for just tourist or visiting boyfriend?

As a sponsor I will need Dutch signed documents documents I do not think I will get easily or soon or will I?

In regards to a normal tourist visa can I invite her? It requests details from 'member states' is this EU or Schengen member states???? As a Brit I qualify under EU but obviously not as a Schengen member.

As my girlfriend is the mother of a EU national and that EU national is a dependant on my girlfriend where in the application does it show any if any priority to this?

Thanking you in advance

Posted (edited)

You will need to register at the gemeente that you are living in the Netherlands this is straight forward, have you a BSN (tax number)? Company registration, 6months bank statements etc

Just to add it's easier for you to get your family over than a local, there is the freedom of movement.

Edited by Skint
Posted

Sounds to me like you are complicating things. Why not just apply for a normal tourist visa and be her sponsor. On the form and covering letter, explain that you will finance her trip and take her home after. I've done it before and wasn't a resident of a Schengen state.

Posted

The entire visa process at the consulate has the purpose of vetting why a person truly wants to enter their country. If you can make them believe that your purpose is a temporary holiday then all other requirements are just easy formalities. In your case there is one major question. If you are not a resident of The Netherlands what do you and specifically your gf intend to do there for 3 months in a rented apartment? It would be way easier if you'd apply for a shorter stay and combine it with some hotel reservations through the country and neighbouring countries showing you plan to travel around and actually do touristy stuff. Good luck!

  • Like 1
Posted (edited)

Do you live in the Netherlands (have you registrated there with the locak municapailty)?

- If so you could apply as inviting her over to join you in the Netherlands. There is a document called "Bewijs van garantstelling en/of particuliere logiesverstrekking (1310)" (Proof of Sponsorship and/or private accommodation) which you then could fill in as to show she will have a place to stay.

You need to sign this form, this form (actuallyn your signature) needs to be legalized by the manucipality.

You can find the form here: https://ind.nl/particulier/kort-verblijf/formulieren-brochures (under "formulieren"). Edit: English link https://ind.nl/EN/individuals/short-stay/forms-brochures/Pages/default.aspx

- A third person could also provide accommodation using this form: a family member, friend or any other private person in the Netherlands.

-- In both cases you could apply as visiting friends/relatives/family. Getting the documents might be tricky though but perhaps the embassy can tell you what they accept. You wouldn't be the first person who is registrated to have private accommodation in the Netherlands but currently is not residing there and thus can't get the local authorities to legalize your signature within an acceptable timeframe and costs. Perhaps the embassy is willing to legalize the signature for you but I do not know for sure...

If you have no private accommodation she can apply as a tourist. In which case they will ask for evidence of commercial accommodation (hotel, hostel, campside, ....).

For the rest the rules are pretty much the same. By the info you provided I'd let her be financially responsible for herself (34 euro a day in NL, other countries set other requirements). So it pretty much comes down on having private or commercial accommodation. If you're still in doubt: ask the embassy, you can contact them by mail and they usually respond swiftly and are very helpfull.

It requests details from 'member states' is this EU or Schengen member states????

I don't understand, where or who says "member states" and in relation to what (which details)?

Alternative (may not work though..):

Since your child is a UK national and traveling to an other EU country (s)he is considered an EU national traveling to an other member state then their own. The mother is a core family member (direct relatives in the ascending line). I'm not sure if the mother can be considered a "dependant" though... (probably not? It usually applies to adult EU citizens who try to get their father or mother in law to join them in the EU...). Your Europe may be able to answer that ( see "need help?" at the bottom of http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm ). If she would be considered a family member depending on a related EU national (the child) she would be entitled to a free Schengen visa, issued quickly and with minimum hassle.

Question no 2: Does the visa applicant fall under the definition of “family member”?
‘Core’ family members have an automatic right of entry and residence, irrespective of their
nationality. Their right of entry is derived from the Directive and the national transposition
measures may not restrict these rights or the scope of ‘core’ family members.

The following persons are defined in Article 2(2) of the Directive as ‘core’ family members:
• the spouse;
• the partner with whom the EU citizen has contracted a registered partnership, on the basis
of the legislation of any Member State, if the legislation of the host Member State treats
registered partnership as equivalent to marriage;
• the direct descendants who are under the age of 21 or are dependant as well as those of the
spouse or partner as defined above; or
• the dependant direct relatives in the ascending line and those of the spouse or partner as
defined above.

In order to maintain the unity of the family in a broad sense, Member States may extend the
facilitations to so-called ‘extended’ family members, see Commission Communication COM
(2009) 313 final23.

The following persons are defined in Article 3(2) of the Directive as ‘extended’ family
members:

• any other (i.e. those not falling under Article 2(2) of the Directive) family members who
are:
• dependants;
• members of the household of the EU citizen; or
• where serious health grounds strictly require the personal care by the EU citizen;
or
• the partner with whom the EU citizen has a durable relationship, duly attested.

(...)

Source: Schengen Visa Handbook, page 83.

Edited by Donutz
Posted

Sounds to me like you are complicating things. Why not just apply for a normal tourist visa and be her sponsor. On the form and covering letter, explain that you will finance her trip and take her home after. I've done it before and wasn't a resident of a Schengen state.

Best advice! Your right I was over complicating things, have changed plan and will apply for a tourist visa only make no mention of me working here or the apartment and that we are just on holiday and make a couple of refundable hotel bookings in different areas.

Was thinking of changing the duration of holiday to 6 weeks and not the 3 months believing she'll get a 90 day in 180 day regardless. What do you think?

Cheers

Posted

Sounds to me like you are complicating things. Why not just apply for a normal tourist visa and be her sponsor. On the form and covering letter, explain that you will finance her trip and take her home after. I've done it before and wasn't a resident of a Schengen state.

Best advice! Your right I was over complicating things, have changed plan and will apply for a tourist visa only make no mention of me working here or the apartment and that we are just on holiday and make a couple of refundable hotel bookings in different areas.

Was thinking of changing the duration of holiday to 6 weeks and not the 3 months believing she'll get a 90 day in 180 day regardless. What do you think?

Cheers

Her chances of getting a visa for 6 weeks will certainly be better than for 3 months. If it is her first Schengen visa don't expect them to give her a visa a day longer than your actual itinerary shows. My gf has had i think 6 visas to The Netherlands and last time was given a 2-year multiple entry. The year before a 1-year multiple. Each time just a single was requested. (For each visit you would still need to follow all requirements like insurance, funds/guarantor, etc. except that the immigration officer at the border may ask for it in stead the consular officer at the consulate)

Posted

Sounds to me like you are complicating things. Why not just apply for a normal tourist visa and be her sponsor. On the form and covering letter, explain that you will finance her trip and take her home after. I've done it before and wasn't a resident of a Schengen state.

Best advice! Your right I was over complicating things, have changed plan and will apply for a tourist visa only make no mention of me working here or the apartment and that we are just on holiday and make a couple of refundable hotel bookings in different areas.

Was thinking of changing the duration of holiday to 6 weeks and not the 3 months believing she'll get a 90 day in 180 day regardless. What do you think?

Cheers

Her chances of getting a visa for 6 weeks will certainly be better than for 3 months. If it is her first Schengen visa don't expect them to give her a visa a day longer than your actual itinerary shows. My gf has had i think 6 visas to The Netherlands and last time was given a 2-year multiple entry. The year before a 1-year multiple. Each time just a single was requested. (For each visit you would still need to follow all requirements like insurance, funds/guarantor, etc. except that the immigration officer at the border may ask for it in stead the consular officer at the consulate)

thanks for the reply just curious what nationality are you?

Posted (edited)

Best advice! Your right I was over complicating things, have changed plan and will apply for a tourist visa only make no mention of me working here or the apartment and that we are just on holiday and make a couple of refundable hotel bookings in different areas.

Was thinking of changing the duration of holiday to 6 weeks and not the 3 months believing she'll get a 90 day in 180 day regardless. What do you think?

Cheers

Her chances of getting a visa for 6 weeks will certainly be better than for 3 months. If it is her first Schengen visa don't expect them to give her a visa a day longer than your actual itinerary shows. My gf has had i think 6 visas to The Netherlands and last time was given a 2-year multiple entry. The year before a 1-year multiple. Each time just a single was requested. (For each visit you would still need to follow all requirements like insurance, funds/guarantor, etc. except that the immigration officer at the border may ask for it in stead the consular officer at the consulate)

If applying for a 6 week visa you'll get a 6 week visa, though the embassy may round up the number of days to a nice round number (instead of 42 days perhaps 45 or 50).

If there is a convincing travel purpose (plan) and the applicant meets all the requirements then you almost certainly will get the 90 day visa. I would suggest the OP to simply be straight foward in the applicant and explain the the purpose briefly in a covering letter: why is the applicant traveling, for how long, is the trip affordable, why will the applicant return?

Covering those items in the letter together with evidence you almost certainly will get the visa, the Dutch aren't that difficult, if you make a genuine application you are very likely to get the visa. Just make sure you cover all the requirements such as sufficient funds for the trip.

Once again, it would depend on where the OP's partner and himself will stay during there trip. If it's in a private accomodation then apply as a "visiting friends/relatives/family" or if in a hotel, apply for "tourism". And show evidence/papers to go with this. A hotel/motel/... booking for 90 days seems less plausible then 90 days in a private accomodation though... You could book a hotel) for a shorter period of time but then the embassy may wonder why you apply for 90 days, and if you apply for less days, you will not get 90 days... If you're simply honest and prepare the application well, everything should turn out allright.

Currently the number of refusals for 2014 is less then 1% (I contacted the embassy this very week and asked the head of the visa department), and he commented that most of those refusals are due to poor preparation. If a minor thing is missing they give you the chanche of supplying it, but of you hand in an application that is only half finished... you'll get a denial and either have to appeal and supply the missing items or make an a new application.

Edited by Donutz
Posted

Sounds to me like you are complicating things. Why not just apply for a normal tourist visa and be her sponsor. On the form and covering letter, explain that you will finance her trip and take her home after. I've done it before and wasn't a resident of a Schengen state.

Best advice! Your right I was over complicating things, have changed plan and will apply for a tourist visa only make no mention of me working here or the apartment and that we are just on holiday and make a couple of refundable hotel bookings in different areas.

Was thinking of changing the duration of holiday to 6 weeks and not the 3 months believing she'll get a 90 day in 180 day regardless. What do you think?

Cheers

Her chances of getting a visa for 6 weeks will certainly be better than for 3 months. If it is her first Schengen visa don't expect them to give her a visa a day longer than your actual itinerary shows. My gf has had i think 6 visas to The Netherlands and last time was given a 2-year multiple entry. The year before a 1-year multiple. Each time just a single was requested. (For each visit you would still need to follow all requirements like insurance, funds/guarantor, etc. except that the immigration officer at the border may ask for it in stead the consular officer at the consulate)

thanks for the reply just curious what nationality are you?

Dutch. But living in Thailand with my girlfriend and daughter and still have a company in the Netherlands. In the past my gf had a few single entry tourist visas with my dad as a guarantor, when I still had an apartment in holland. After that 2 times business visa, with my company inviting her company, and providing accommodation. Last two times tourist again without guarantor. Just show that there are reasons for her to return to Thailand and all will be well. Good luck.

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