Estrafidus Immigration and Nationality Lawyers

Family immigration; your (un)married partner

There can be several reasons why you want to migrate to the Netherlands. To join your partner, to be with your children or parents, or for other family-related reasons. They can be short-term or long-term. Regardless of the reason, your desire to be with your family is your right. But what are the general and specific conditions to obtain a family residence permit and how does the process look like? In this article, the general and specific conditions are discussed for a residence permit for (un)married partners.

  1. Provisional residence permit (MVV)

The first question that determines which kind of procedure to start, is if your partner needs a provisional residence permit or not. A provisional residence permit is always acquired in the country of your origin. It depends on the following answer: one, does your partner currently have a residence permit in the Netherlands, and two, what is the nationality of your partner? For people who already reside in the Netherlands with a residence permit, an MVV is never required, irrespective of their nationality. If your partner currently doesn’t have a residence permit, then the nationality will determine if an MVV is needed. Most nationals outside of the European Union are obligated to have an MVV, except Australia, Canada, Japan, Monaco, New Sealand, Vatican City, United Kingdom, United States, Switzerland, and South Korea.

Sometimes exceptions apply to the above, but that depends on the specific situation. For example, perhaps you have a nationality that requires the MVV, but due to your specific circumstances, you can ask if the IND can make an exception in your situation not to apply the MVV requirement.

  1. Civic integration exam abroad

Your partner needs to pass the civic integration exam abroad before you send an application for a partner residence permit. However, this condition doesn’t apply if your partner doesn’t need an MVV!

  1. You meet the income requirements

Your income must be sufficient, independent, and sustainable. If you work for an employer, most of the time your employment agreement together with your salary specifics can show if you meet the income requirements. You have to prove that your monthly gross salary is at least €1.725,- (excluding holiday allowance).

  1. Other conditions

・Both of you are 21 years or older

・You need to live together and be registered at the same address in the Netherlands

・If you are married: a marriage certificate

・If you are in a relationship: unmarried status declaration and you need to prove that your relationship is exclusive and sustainable

・Both of you have a passport

・Your partner can state the antecedents

How we can help

We have a lot of experience in handling (un)married partner applications. If you would like more information or would like to know how we can help, contact us or call us on +31 70 770 9065.

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