Immigration file: Thai partner to the Netherlands
If you want your partner to come to the Netherlands, there are a few things to consider. This dossier addresses the most important points for attention and questions. Good and timely preparation is very important for a successful procedure of the residence application.
There are various migration goals such as partner/family migration, study and work. Only partner migration will be discussed in this file, for information about the other goals you can consult the IND website. For example, if children also come along, a separate TEV procedure must be started for each child. Do not forget to arrange matters such as parental authority/permission in connection with the monitoring of child abductions.
If you want your partner to come to the Netherlands, there are various steps and procedures that you will have to go through: the immigrant will have to take a language exam, a procedure must be started to come to the Netherlands and once here there are also various steps to complete.
Migration starts with applying for the Entry and Residence Procedure (TEV), with which you ask the Immigration & Naturalization Service (IND) for permission to bring your partner to the Netherlands. A number of strict requirements apply to this, namely:
- You have an exclusive and lasting love relationship (married or unmarried).
- You (as a sponsor) are a Dutch national or in possession of a Dutch residence permit.
- You are at least 21 years old.
- You are registered in the Netherlands in the Personal Records Database (BRP) of your place of residence.
- You have a 'sustainable and sufficient' income: you earn at least 100% of the statutory minimum wage (WML) based on a full working week. This income from a Dutch source must be available for at least the next 12 months or you must have met the WML standard continuously for the past 3 years.
- Your Thai partner (the foreigner) is at least 21 years old.
- Your partner has passed the 'basic civic integration examination abroad'.
- Your partner starts living with you and registers at the same address.
- Your partner has a valid travel document (passport, valid for at least 6 months).
- Your partner will participate in a Tuberculosis (TB) test.
- Your partner is not a threat to public order or national security.
As you can see, there is still quite a bit of work involved. Good and timely preparation is therefore essential. On IND.nl (ind.nl/particulier/familie-familie) you will find current brochures about the TEV procedure and you can fill in your exact situation, you will then see exactly which rules apply to you.
There are different ways to start the TEV procedure, but usually the sponsor starts the procedure. To do this, download the form “Application for the purpose of residence 'family and relatives' (sponsor)” that can be downloaded from the IND website: ind.nl/documents/7018.pdf
After the TEV procedure has been approved by the IND, your partner must apply - free of charge - for an MVV (Authorization for Temporary Stay, a Schengen visa type D) at the embassy to travel to the Netherlands. Once in the Netherlands, you can collect the VVR (Permit to Stay Regularly, for a limited time) from the IND free of charge.
The attached PDF file covers the following items:
Immigration of your Thai partner to the Netherlands:
- Which papers do I have to arrange as a sponsor?
- Which papers must the Thai partner (foreigner) arrange?
- How do I fill in the application form?
- My partner has just arrived in the Netherlands, now what?
Frequently asked questions about the TEV requirements:
- How much does an application cost?
- How much should I earn exactly?
- Do I have to use the IND appendix 'employer's statement' or is a company version sufficient?
- Does the employer's statement have to be original?
- Which deadlines should I pay attention to?
- The form asks for a V number, what is that?
- Can I pay at the desk at the IND desk?
- Do I have to have my own home?
- Can another person act as a guarantor for my partner?
- I live in Thailand with my partner, can we travel to the Netherlands together?
- Can't I move to the Netherlands with my partner and only then look for work?
- HELP, we cannot meet the requirements, what now?
Frequently asked questions about the course of the TEV procedure
- How long does an application take?
- Can I contact the IND in the meantime?
- I have received a letter from my practitioner with instructions?
- The treatment period is (almost) over, what can I do?
- Can my partner await the TEV procedure in the Netherlands?
- How can my partner prepare for the civic integration examination abroad?
- What should my partner bring to the embassy?
- Does my partner have to bring other documents, for example the birth certificate?
- Can my partner come via Belgium or Germany with an MVV?
Frequently asked questions about staying in the Netherlands
- Can my partner work?
- Can I or my partner apply for rent/care/… allowances?
- How long can my partner and I go on holiday outside the Netherlands?
- Can we go on holiday within Europe?
- What information do I have to pass on to the IND?
- How do I apply for an extension of the residence permit?
- I have become unemployed, what now?
You can download the full file here: www.thailandblog.nl/wp-content/uploads/Immmigration-Thaise-partner-naar-Nederland.pdf
Finally, the author has made every effort to include the most recent information as accurately as possible. The file can be seen as a service to the readers and may nevertheless contain errors or outdated information. You should therefore always consult official sources such as the IND website and the embassy for up-to-date information. Good luck with the application and good luck together in the Netherlands!
A good and thorough job! This file is another asset to Thailandblog.nl
On behalf of the editors, thank you Rob!
You're welcome, I hope this answers most of the questions people have and gets them through the process smoothly. Together with the short stay visa file, you know exactly what is involved in bringing a Thai(se) to the Netherlands for a short or long period of time. Good luck!
I do have one last tip: travel insurance is not mandatory for an MVV, quite soon after arrival you can arrange health insurance that will take effect retroactively from the day of registration in the municipality. You are free, and may be wise to take out travel insurance for the first few days. To avoid double insurance (care + travel insurance), you should be well informed, for example Oom has the option to reverse double paid days.
Please note that as of January 1, 2015, the partner allowance has been abolished. So if you are retired and you live together or are married, you have to hand in 300 euros from your pension. Nice if your partner has no income.
Supplement to file
The Netherlands / EU member states are not allowed to impose language requirements on the wife or husband in the case of a family reunification of foreigners. An important adviser to the European Court of Justice in Luxembourg stated this on Wednesday.
This decision is normally adopted by the member states except the Netherlands, wait a little longer and then this requirement will lapse
I expect that waiting for this requirement to lapse may prove disappointing in practice. The Netherlands has been deviating from EU policy for a number of years as far as I know. The EU routes via various other EU countries have been around for quite a few years for a reason.
Hello, as far as I know, the biggest hurdle is the basic integration exam abroad.
This is the start if this is not positive, the rest is not necessary and an invitation for a maximum holiday stay of 3 months will suffice, 3 months not, 3 months yes, etc.
Oh yes and a ship's trunk with money also helps.
For the visa, paying the expenses of the IND and the legalized translations of.
the best address to learn Dutch for this exam is at Richard van dutch learning in bangkok. Also provides free repeat lessons and has a success rate of over 95%
Rob. V. did a fantastic job, good for Thailand bloggers who also take the step to bring their Thai lover to the Netherlands.
I agree with Ronny, I visited the schools in Bangkok a few years ago and then I chose Richard van der Kieft's school. I was kept well informed and my girlfriend was very pleased with his teaching style.
The court in Den Bosch has placed a new bomb under the Civic Integration Abroad Act (WIB). The multiple division chamber for foreigners affairs ruled that a woman from Azerbaijan does not have to pass her civic integration exam abroad before she can join her husband in the Netherlands.
The court considers the exam to be contrary to the family reunification directive of the European Union and bases this on an earlier, strong conviction of the European Commission. The judges state that a Member State may, according to European regulations, impose integration conditions on newcomers, but that the obligation to pass the civic integration examination goes too far.
Gerben Dijkman, the lawyer of the woman whose application for a residence permit was rejected in February 2011, calls the ruling a new breakthrough. “The WIB has been swept off the table with this.”
There are four countries in the EU that set language requirements for family reunification. Austria, Great Britain and Germany have a compulsory language test in the country of origin. The Netherlands is the only country that links a knowledge test to this.
This obligation is under discussion in all four countries, says Kees Groenendijk, emeritus professor of sociology of law and specialized in migration law. “Last year, the European Commission ruled that Dutch law is in conflict with the Family Reunification Directive. So far, the Dutch government has not taken any notice of this. That is why it is good that the judges in Den Bosch have now made a clear ruling on this.”
Dutch policy is tearing families apart, says the Council for Refugees. “Hopefully we are now one step closer to a decent solution.”
What France does in the field of integration conditions is possible, says Groenendijk, and could therefore serve as an example for the Netherlands. “If you apply there for a visa and fail the language test, the consul will offer you a compulsory two-month language course. If you follow it properly, you will get your visa. There is therefore a compulsory language course, but no obligation to pass an exam. That falls within the European guidelines.”
The Ministry of Social Affairs and Employment can appeal to the Council of State, but first wants to study the ruling carefully.
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Moderator: Read the file Schengen visa: https://www.thailandblog.nl/dossier/schengenvisum/dossier-schengenvisum/
Hela, an excellent working tool without contradictions as you almost always get in the embassy and population services. Now a Belgian version and we are also happy. Does anyone feel called?
The NL government and therefore certainly the IND has been discriminating for years! even though it is very clear in the Dutch constitution that it is prohibited. Constitution article 94 is very clear that the NL, national, rules are subordinate to international human rights treaties when they discriminate in any form. Age, religion, origin, income and so on. International treaties are also very clear that any form of discrimination is prohibited and yet they still get away with it.
http://www.denederlandsegrondwet.nl/9353000/1/j9vvihlf299q0sr/vgrnd9onfpzf
http://www.mensenrechten.be/index.php/site/wetten_verdragen/universele_verklaring_van_de_rechten_van_de_mens_uvrm_1948
http://www.europa-nu.nl/id/vh7dovnw4czu/europees_verdrag_tot_bescherming_van_de
good luck people
Thanks for the compliments. What struck me during the compilation is that the current rules and procedures also have their peculiarities. For example, you are obliged to register your Thai marriage in the Netherlands if you live in the Netherlands, so you take the papers with you to the Netherlands to register the marriage at your municipality where an M46 "marriage of convenience investigation" is started, which can be carried out via the IND. and Aliens Police is running (this M46 procedure has been nominated for a few years to be replaced by another procedure). So those papers may still be hanging around with the authorities, or you may have had them back and keep them safe here in the Netherlands. If the IND then asks you to show the original certificates to the embassy for the TEV procedure, that is of course not useful. The problem is that you cannot get an extract from your Dutch municipality, even if your municipality, IND and VP have recognized your marriage and registered. How hard can it be to get an extract? The only solution available at the moment: explain to the IND handler that your deeds are already in the Netherlands and that you would therefore, for example, want to show them here (again) to the authorities, but send them back for a cursory look (yet another) at the desk at the embassy is cumbersome, expensive and risky (risk of damage or loss if you send the deeds back to Thailand). This has to be better, right?
Personally, we didn't experience the civic integration requirement as a positive thing either, it took us a year to practice via Skype, among other things, because my girlfriend really didn't have time for a course in Thailand. She could have picked up the A1 level Dutch much faster, more fun and more naturally after arriving in the Netherlands. The integration abroad was simply an obstacle that delayed her arrival in the Netherlands and therefore also her integration in the Netherlands. You cannot integrate and integrate from abroad! The income requirement is also crooked, although I do understand it: if you earn 1 euro too little or your contract runs for another 10 months, then you are out of luck, while the point is that you can just keep your own pants on. I think the EU Directive 2004/38 is a better basis: your partner is welcome PROVIDED you are not an unreasonable burden. You can just be together with your partner and build rights here. But of course that doesn't work politically.
We have good experience with the embassy, the IND were a bunch of silly klutz. Often different answers when you called, in 2012 when we did the procedure, a practitioner asked for things that had not been required since half a hair, after contact, the civil servant agreed with me, but she indicated that she preferred the old way of working find work instead of having to check everything in the computer (!!), ordering the residence card did not go smoothly (forgot the check mark in the very expensive INDiGO system), had to call about this several times. Each time they forgot to check that box... The residence status was registered incorrectly when I checked it with the DigID of my treasure on mijnoverheid.nl. Had to call repeatedly, after some time the status was changed to no status (that was quite a party), again with the wrong date and after even more calling and emailing finally correct. The IND has therefore received several complaints and I have no good word for their fumbling. There will probably also be capable people working at the IND, but I have not met them. I will therefore continue to follow with interest the fumbling about migration and integration from government policy and institutions.