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Verification against EU law

Last activity 16 August 2019 by Ikarra

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Ikarra

Hello there,

My name is delessa, am an Ethiopian live in kenya. Am looking for some advices if anyone went through my situation.

3 month ago i applied for facilitating visa in Netherlands embassy Nairobi, and i just got an answer says denied. This is my situation.

I was married to a dutch guy for 8 years. And legally separated 2 years ago. We have a son together. We shared most of the cost of up bringing together untill suddenly he decided to resigned his job moved to Netherlands and stop contributing. And i started catering for my son alone.

Things becomes harder and i applied for facilitating visa to enter the Netherlands and then planning to apply for verification against EU law, but they refused my visa because of i dont have sufficient purpose to stay in Nl. which i found it very wrong. Because of am Non EU my son have to stay away from his country.

is anyone have any advices how to go about it?

Thanks
Delessa

Cynic

Hi and welcome to the Forum.

You applied for the wrong visa; if you're not in a relationship with an EU citizen, then you don't qualify for that visa.

However, if your husband was a Dutch citizen on the day of your sons birth, then your son is a Dutch citizen by birth; check out this link, it will take you to the page of the Dutch Government website that explains this.

Once your son has his passport, then you can apply for a visa as a Parent of a minor-Dutch child; this link will take you to the Dutch Government website that explains this.

Hope this helps.

Cynic
Expat Team

Ikarra

Hi

My son already a have a Dutch passport.

Before i applied i ask the IDN office and they advice me to apply under parent of minor-dutch child for facilitation visa. I legalized all documents from birth certificate, passport all necessary documents and i applied. After 3 month of waiting they said no.

Cynic

Hi again.

Then I suspect that because the childs father is already in the Netherlands, that their investigation has led them to decide that you do not meet the "Your child is in such a way dependent on you that if you would be denied residency in the Netherlands, the child has no other option than to leave the European Union with you." requirement.

You can ask for a review of the decision; this link will take you to the respective section of the IND website that describes how.

Hope this helps.

Cynic
Expat Team

Ikarra

Hi there,

Thank you so much, this is really helpful information.

Thanks.

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