Visa for Thai Q&A: Can someone with Thai nationality move from Italy to the Netherlands?

Dear readers,

My girlfriend's sister has Thai nationality, has lived and worked in Italy for several years (she has an Italian permanent residence and work permit), is now married in Thailand (not in Italy) to her Italian husband and has 2 children who have Italian nationality. They have been living in Thailand for 2 years now, after the earthquakes in Italy 2 summers ago forced them to leave there in a hurry. Because reconstruction has still not got off the ground there, they are considering settling in the Netherlands.

Does anyone know if she can live and work in the Netherlands without additional permits? I think her husband and children are allowed to settle in the Netherlands without restrictions? We can offer her sister a job, so income is guaranteed.

Thanks in advance for your help!

fr.g. Michael.

Dear Michel,

Because this lady is related (by marriage) to an EU national who does not travel to her own country, they fall under EU regulations. Directive 2004/38/EC on the free movement of persons gives EU nationals and their immediate family members (in the ascending or descending line) the right to be together when they go to an EU country other than the country of nationality of the EU national of has. The Italian partner can therefore invoke this Directive and his wife then derives her right to reside in the Netherlands through her Italian husband.

What to do? If the Italian residence permit is still valid, she can travel to the Netherlands on it. Even if the residence status in Italy has actually expired, there are still possibilities, after all, she has the right to residence through her husband and the airline cannot check her current residence status as it appears in the Italian computer on the basis of the residence permit. Once at the border, people will also have to be admitted to the Netherlands under the aforementioned Directive.

If her residence status has expired, I would apply for a free visa at the Dutch embassy. Once again she is entitled to this, thanks to the Directive, with a minimum of paperwork and an accelerated procedure. You will have to prove that:

• the applicant's family is of an EU national, through a legally valid marriage. So consult the marriage certificate. Whether that marriage is only known in Italy, only Thailand or both does not formally matter. A translation is also highly desirable because the decision officer does not speak Thai or Italian.
• the applicant travels to the Netherlands (or any other EU country except Italy) together with the EU partner. A written statement from the EU partner is sufficient, but if they have a flight ticket reservation, that is a bonus.
• she and her husband must be able to identify themselves with their (copy) passports. This can be used to determine whether the persons on the marriage certificate are also the person submitting the application.

Once in the Netherlands, the lady can report to the IND to start a TEV (Access and Residence) procedure. Not the regular one, but the one for family members of EU nationals. If she can also demonstrate the above 3 points to the IND and the couple is not an “unreasonable burden for the state” (read: self-sufficient in income and therefore not drawing benefits) and are not people who pose a threat to the state, she will receive a VVR residence permit. Namely a residence card “family member of a citizen of the Union (EU/EEA)”. That will also be on the pass.

Of course she could also start the procedure from Thailand, but personally I would do it from the Netherlands because then the lines of communication are shorter: mail, telephone or through the IND is then easier and faster.

To explain in detail the TEV is getting a bit long for a response. First of all consult the IND website - fill in the customer service guide - and otherwise contact the IND. Here too I would prefer to visit an IND desk because it is more pleasant to communicate than by telephone or e-mail.

Of course she can work here with her Dutch VVR. Possibly even on her Italian VVR, but my knowledge does not reach that far and the handling of the Dutch VVR should take no more than three months, can't that be bridged for her without work? Her husband can of course start work immediately.

For more information, in several languages, about the EU Directive see:
– http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm
– http://europa.eu/youreurope/citizens/residence/documents-formalities/index_en.htm

The Directive itself, in several languages, which I advise you to read so that you are broadly familiar with the regulations
– http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004L0038

So first read about how you can enter under Directive 2004/38/EC. If you know in general how this works, then fill in the customer service guide on IND.nl (“I am Thai, my partner is Italian, staying for longer than 3 months”) and when you have taken that information to you, where necessary, contact the IND, preferably by visiting an IND desk. Then you have amply prepared and a good preparation is more than half the work.

Best of luck!

Yours faithfully,

Rob V

Disclaimer: This advice is without obligation and only as a service to the readers of Thailandblog. No rights can be derived from it.

If you have any questions about a Schengen visa, MVV or other matters related to Thai people traveling/emigrating to Europe, send them to the editors and Rob V will answer your questions.