Dear editors,
I live and work in the Netherlands and have the Belgian nationality. My Thai girlfriend still lives in Thailand, but she would like to come and live with me in the Netherlands, so I have to apply for an MVV for her. She is already taking an integration course and will take the exam in Bangkok.
Because I have a Belgian passport, what documents do I need and where can I request them? And what documents does my Thai girlfriend need and where can she request them?
Or is there a way via Belgium? If we get married there, will she immediately be an EU citizen and will she be allowed to live with me in the Netherlands?
Regards,
jor
Dear Jor,
An EU citizen who is married or has a long-term and exclusive relationship with a non-EU citizen and who wants to go to another EU/EEA country for holiday or migration is subject to special rules. The regular visa or migration requirements then do not apply, provided you meet the conditions dictated by EU Directive 2004/38 on the right of free movement for family members of EU nationals.
This means that you and your partner can do the so-called EU route (most known is the 'Belgium route': Dutch people and their foreign partner who do the EU route via Belgium). A lot less documents are required and your partner is not required to integrate. To come to the Netherlands, your partner can enter on a free, accelerated visa type C for short stay. Once in the Netherlands, you can apply for residence for your partner. In theory you can also apply for a type D (MVV), but that is less common.
You must show for the free visa:
- Identification (valid passport) of the EU national and the foreign national.
- That there is a marriage or lasting and exclusive relationship. Demonstrate this with documents. In your case, for example, with travel stamps, a few photos together and an overview of your mailbox or something similar, you show that you have known each other for some time and maintain a serious relationship. Do not hand in mountains of paper or private information, the civil servant is not waiting for that either. Tip: put this in a summary letter of 1 or 2 pages.
- That the foreign national travels or will accompany the EU partner in Europe (in a country other than the country of which the EU citizen is a national!!). For example, show an airline ticket reservation, but a written and signed statement from the EU citizen will also suffice.
- NOT NECESSARY: proof of return guarantee, financial resources, accommodation papers, travel insurance (it is wise to take out anyway) etc.
Personally, I would apply for the visa by appointment through the embassy. You can also visit the optional external service provider VFS, but with a special visa I think it would be nice if a Dutch official could help instead of a Thai citizen with basic training. See also the Schengen visa file. Page 22, under the heading “What about special visas/procedures for family members of an EU/EEA national?”: https://www.thailandblog.nl/wp-content/uploads/Schengenvisum-dossier-sept-2017. pdf
Please note!
Once in the Netherlands, your partner must visit the IND for the residence card, register in the municipality, etc. So make sure that she takes all her papers with her: declaration of unmarried status and birth certificate. These must also be officially translated into English and legalized by the Thai ministry of foreign affairs and the embassy.
Once in the Netherlands, you will have to show the IND that you have accommodation (there are no requirements) and sufficient income so that you are financially independent and will not request benefits (read: a job, but there is no specific salary requirement). Integration in advance or in the Netherlands is not necessary. Of course Jii will help her to learn the language. Some municipalities have a jar with a subsidy for a language course especially for foreigners who do not have to integrate.
This seems like enough information for now, but take your time and read it carefully. For example about the EU route. Perhaps you or another reader would like to share their experience with the blog after going through the procedures?
Good luck and happiness together!
Regards,
Rob V
Resources and more information:
- https://ind.nl/eu-eer/Paginas/Familieleden-met-een-andere-nationaliteit.aspx
– https://www.nederlandenu.nl/reizen-en-wonen/visa-voor-nederland/schengenvisum-short-stay-90-days
- https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-nationals/index_nl.htm
– the appendix “Handbook for the processing of visa applications” and then “part III” in it at: https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa -policy_en
– www.buitenlandsepartner.nl (EU route)
If the Netherlands chooses, she is obliged to follow an integration course, which you must also pay for.
when you choose belgium, that nonsense is not necessary. she may voluntarily follow a course and it will also be paid.
Incorrect. Jor is a Belgian in the Netherlands, so falls under EU rules and therefore no integration course!
Dear,
With regard to the civic integration obligation in Belgium: You must divide Belgium, since some competences have been transferred to the regions. Here they are now making everything more complicated for the population.
In Flanders, the integration course is compulsory and the Dutch language lessons are also compulsory.
In Brussels, nothing seems to be compulsory at all.
I don't know in Wallonia.
Kind regards and good luck!
Another useful fact for Dutch people coming to Belgium:
The maximum speed on the regional roads is 90 km/h as standard. In Flanders that is standard 70 km/h.
Dear Rob,
I don't know what you mean by your partner is not required to integrate, maybe you mean BEFORE, then that is correct, but once in Belgium there is an integration requirement and you are required to follow 2 Dutch modules!
Upon arrival there is an obligation to report, then you will receive an orange residence card if you are married or have or conclude a cohabitation contract. Then the orange card is valid for 6 months and you must also stay in Belgium for 6 months, you are not allowed to leave Belgian territory during that time, AFTER that you can live wherever you want within the EU.
Mvg, Fernand
Dear Fernand, the family member of an EU/EEA citizen who lives together in another EU country is never obliged to integrate. A Dutch-Thai couple in Belgium or a Belgian-Thai couple in the Netherlands do not have to integrate. That is of course allowed, but can never be required. There are municipalities that offer free integration (language classes) for these families, and then you can of course use that.
The family can suffice with living across the border for 3 months, they can of course also go on holiday to here or there within and outside Europe. There are no European restrictions on that. To move immediately after 3 months is of course asking for war with officials because they will suspect abuse and that is not allowed. 6 months is not an obligation, but it is very handy to prevent hassle. In practice, a long holiday is also not useful if you have only just started the procedure (for example, because of a visit from the local police officer/foreigners police). Especially the Belgian authorities along the border are notorious for not exactly respecting the EU rules. Going along with silly requests from officials can make your life easier, but knowing your rights and obligations under Regulation 2004/38 is not unwise if the officials really screw you with incorrect requests or other nonsense. The topic starter is a Belgian in the Netherlands, with the Dutch officials (municipality, police, IND, etc.) I expect less or no hassle, provided Jor does not give the impression that he wants to abuse the EU rules / route.
If you later move back to the country where the EU citizen comes from, there is still no obligation to integrate. It is therefore quite simple: people who fall under the Regulation are not obliged to integrate at any time during or after the procedures.
The partner is NOT obliged to integrate in Belgium, because the country of residence is the Netherlands: for a Belgian that is still another EU country, and the rules described by Rob then apply. The partner is also allowed to move freely through the EU (in the company of the applicant), including Belgium, and work everywhere immediately.
So even if after some time (at least 6 months) it is decided to live in Belgium again, there is NO integration obligation for the partner. However, the Belgian IND must then be convinced that it is not a construction specially set up for this purpose.
The subject now has the name Belgium Route, but a Belgian in the Netherlands is the Netherlands Route. 😉
Where to get the papers? Your girlfriend can request the Thai papers from her municipality (amphur). For translations and legalization. You have to go to the back yourself or use a desk (there is one diagonally opposite the Dutch embassy). See for example:
- https://www.thailandblog.nl/lezersvraag/vertaling-document-mvv/
- https://www.thailandblog.nl/nieuws-uit-thailand/duurt-legalisatie-documenten/
You don't need much yourself, actually only papers about your work that the IND wants to see. See the IND website where I have linked nasr. But you only have to go after that if you have arranged the Thai papers, visa, etc.
And no, a foreigner is not given nationality (EU citizenship) as a gift. She will be able to naturalize after a few years, but until then she will remain a Thai citizen and family member of an EU citizen (you). And because you, as a Belgian, live in the Netherlands under the rights laid down in Directive 2004/38:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004L0038
If you really want to know every step of the way, I would ask the foreign partner forum where you can find experts from the field.
You have already received an extensive answer above.
In short, it comes down to the fact that if you were to get married before she came to the Netherlands, everything would be abc. Because you are Belgian, she is then immediately entitled to a free visa from the NL embassy (VFS will have to do that, know).
Once in the Netherlands, she immediately applies to the IND for an “EU assessment”. Because you live and work in NL, there are no other requirements than a valid marriage and she will receive a residence card within six months that is valid for five years. After five years, she will receive the right of permanent residence (you may already have that yourself).
If you are not yet married and have not demonstrably lived together for six months elsewhere (e.g. Thailand), then it is best for her to come to the Netherlands on an ordinary short-stay visa (and have to pay € 60 for this). A two-week visa is more than enough in itself. Once she is in NL, you will live together at the same address asap and then collect evidence of this. In this situation, too, your girlfriend will request “EU verification” from the IND at some point. This is also possible if you have not been living together for six months. This period will automatically run out, even if the application is first rejected and an objection must be lodged. NL does not have to leave them until a judge has confirmed the IND's decision on this, something that can easily take a year.
More general information as well http://www.belgieroute.eu
In addition to the aforementioned ForeignPartner, you can also ask more specific questions at http://www.mixed-couples.nl
In all cases you need your registration certificate (a sticker in your passport), unless you already have the permanent residence card (so not the national NL permanent residence permit!).
You could definitely arrange this.
Neither they nor you have to integrate. Unless one of you would like to become a Dutch citizen, but that is only an issue after five years of residence.
If you are going to live in Belgium as a Belgian (already living) or as an EU citizen of the Netherlands and rent or buy a house there, you can let your wife live with you from the point of view of family reunification. She receives a temporary (6 months) residence permit, is allowed to work and live, but not leave the country. Within 6 months, Brussels will then make a decision to receive its permanent residence card (F card). This mainly depends on the income of the man. This must be a minimum amount. So it is actually about registration of the man on which the woman piggybacks as a wife. With her F card she can travel around the world.
She just comes to Belgium or NL on a Schengen visa. She always gets it as the legal wife of her husband. It expires after arrival because she does not leave the country after 3 months. Nothing wrong with this.
How do I know this. Because my own wife just received her F card yesterday and we went through this procedure. Nothing difficult about it, 6 months will be over soon. Only the cold weather is very disappointing .
I forgot to mention, no integration course was involved.