Common Mistakes to Avoid When Applying for the Chavez Visa

The Chavez visa, officially known as the "EU residence permit for family members of EU citizens," allows non-EU/EEA family members of EU/EEA citizens exercising their free movement rights in another EU country to live and work in that country. While seemingly straightforward, the application process can be complex, and certain mistakes can lead to delays or even rejection. This post outlines common errors to avoid when applying for the Chavez visa.

Understanding the Chavez Visa's Scope

Before diving into the mistakes, it's crucial to understand who qualifies for a Chavez visa. It applies specifically to family members of EU/EEA citizens who are not exercising their free movement rights in their country of nationality. For example:

• A Spanish citizen living and working in the Netherlands: Their non-EU spouse would apply for a Chavez visa.
• A Spanish citizen living and working in Spain: Their non-EU spouse would apply under national immigration rules, not the Chavez visa.

Common Mistakes to Avoid:

1. Misunderstanding the Free Movement Directive: The core of the Chavez visa relies on the EU Free Movement Directive. Many applicants misunderstand its scope, believing it applies to all family members of EU citizens regardless of where they reside. This is incorrect. The EU citizen must be exercising their free movement rights in a host EU country (not their own).

2. Insufficient Evidence of the Relationship: Providing clear and compelling evidence of the genuine and durable relationship with the EU citizen is paramount. Common mistakes include:

   • Inadequate Marriage Certificate: Ensure the marriage certificate is officially translated and legalized (apostilled or legalized by the relevant consulate/embassy).
   • Lack of Proof of Cohabitation: If not married, provide substantial evidence of a durable relationship, such as shared tenancy agreements, joint bank accounts, utility bills in both names, travel itineraries together, and photos spanning the relationship.
   • Missing Birth Certificates of Children: If applicable, birth certificates of children proving the family link should be included, with official translations and legalizations.

3. Failing to Demonstrate the EU Citizen is a "Qualified Person": The EU citizen must be a "qualified person" in the host country, meaning they are:

   • Working: Providing an employment contract, payslips, or a letter from the employer.
   • Self-Employed: Providing business registration documents, tax returns, or proof of business activity.
   • Studying: Providing proof of enrollment in a recognized educational institution and proof of sufficient financial resources.
   • Self-Sufficient: Providing proof of sufficient financial resources to support themselves and their family without relying on public funds and comprehensive health insurance.

   Failing to provide adequate proof of the EU citizen's status is a frequent cause of rejection.

4. Incomplete Application Forms: Ensure all sections of the application form are filled out accurately and completely. Missing information can lead to delays or rejection.

5. Lack of Comprehensive Health Insurance: Both the EU citizen and the non-EU family member must have comprehensive health insurance covering all risks in the host country. Travel insurance is generally not sufficient.

6. Submitting Documents in the Wrong Format or Language: All documents not in the official language of the host country must be officially translated by a certified translator. Documents also need to be legalized (apostille or consular legalization) if required.

7. Not Keeping Copies of Submitted Documents: Always keep copies of all documents submitted with the application. This can be crucial if documents are lost or if you need to provide further evidence later.

8. Not Seeking Professional Advice: Immigration law can be complex. Consulting with an immigration lawyer specializing in EU free movement rights can provide valuable guidance and increase your chances of a successful application.

9. Overstaying a Previous Visa or Entry Without Permission: A history of immigration violations can significantly negatively impact your application.

Specific Considerations for the Netherlands:

In the Netherlands, the IND (Immigration and Naturalisation Service) handles Chavez visa applications. It's crucial to consult the IND's website for the most up-to-date requirements and procedures.