Visa Questions with Jill Troch.
Advocate Jill Troch needs no introduction.
She is an advocate specialising in immigration and has got a thorough, vast and expansive knowledge in immigration law.
Her unique style of approach with intellectual honesty, philosophical attachment and psychological objectivity are well recognized and appreciated.
Here she is being interviewed by Marc Huybrechts (Hon. Consul General of India) and answers questions on passport and visa issues.
MH : Mrs. Jill Troch, I would like to submit a question in relation to the issue of visas, Indian citizens willing to come to Belgium have to apply for a visa, they normally must do that in the country of origin in India. In most of the cases they will apply in Mumbai where Belgium has a consulate general. Have you any expertise in that? What would you advice Indians who apply for a visa? What must they do and what must they not do? I think there is an issue of the person who they visit, there is an issue of financial resources when they travel to Belgium and there is an issue of proof that you have returned after your visit. Could you give us some indication with your expertise what people should do?
JT : Yes, we have seen also that for the visa for short stay, for less than three months they are getting quite severe judging those kind of visas. More and more people are refused and I think it is very important to prepare the file very complete so of course to prove what your purpose of the trip is. So if it is for touristic then you should have a booking for a hotel and may be a plan further of what you want to visit. If it is for family visit you have to get letter of invitation of the family showing also the correct relationship with the family so they know who are you going to visit and where will you stay. You have to prove them your resources. You can live on your own proving that you have at least 50 Euros per day when you come here or 38 Euros per day if you are staying with a family member and they are also very strict on this condition. To family members we advice you can also make a presumption charge so they may be guarantee them and they also have to have enough resources to put you on guarantee. And then finally very important is that you prove it that you return after your short stay because they are very afraid of people who stay there after their visa has expired. As for there, you should point out that you have your own economic activates in your own country. Family members in India you have your property you have your housing etc. etc. so sometimes the preparation file can take more than the final trip you make but it is worth to do it because refusals will have a negative ID in your file if you want to apply later on so good preparation is required.
MH : I have had cases where Indians wanted to come to Belgium for medical treatment and they had a very hard time in obtaining an entry visa for medical treatment. Would you have an information on that?
JT : Well that indeed is a problem because they are afraid that people want to join that to our kind of residency right in Belgium so you will have to show that you will pay all the treating cost yourself and it will be with in the three months that are provided by the visa. Of course in cases that the treatment will take longer you could ask for extension but it is not so easy to obtain and the law is not clear also under which conditions the extension must be given or not. So good preparation is essential also for medical treatment and enough proof that the necessary treatment is not available in their own country.
MH : And so if I understood it well! Once you have been denied that is a negative aspect if you later on apply for the second time so you better do it right for the first time.
JT : It will depend on the reason of denial. If the problem, for example that the guarantee didn’t have enough financial resources and you have another guarantee. Okay! But if they doubt about you going back later on or they doubt about your purposes. I think they will look really close to your second and or other applications later on.
MH : That is a lengthy process ?
JT : The appeal is very lengthy and I think if people just want to go for a visit then an appeal is not really a practical solution, it is better to prepare a new application seeing what were the difficulties and try to have a remedy for them.
MH : A person, an Indian citizen on a visit to Belgium all of a sudden ends up in trouble, I mean sudden medical trouble. He becomes sick and is taken ill. Who becomes responsible? Who is responsible for all the medical charges? He himself or the person who acted as a surety.
JT : No, well well!! There are two things. First of all to get the visa you also have to prove that you have sufficient travel insurances so normally your insurance has to cover all the medical unexpected cost even if followed by death or anything else so your medical insurance is a requirement and enough to cover the cost.
Secondly, if that wouldn’t be sufficient or there is a problem with it they can talk to the gurantor of course and may be if they will see their next of kin in the country that has to bear the cost but essential is the medical insurance you have to make before travelling so normally it has to cover all the unexpected costs.
MH : Does the embassy or the consulate general tell you that you have to file proof of medical insurance.
JT : Yes, it is an essential condition otherwise you cannot obtain the visa so.