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Home » Reader question » Reader question: Who has experience with the new rules for an MVV application?
Dear readers,
I would like to draw your attention to the new rules for applying for an MVV. I have read that from October 2012 an MVV application is only allowed if the partners are married.
Furthermore, a marriage is no longer allowed in the Netherlands, but must take place in the country of origin.
These changes are quite drastic for, for example, Dutch people who want to bring their Thai partner to the Netherlands.
My question is: are there any readers who already have experience with these rules? Are there any creative alternatives such as the Belgium route?
Yours faithfully,
sef
Fortunately, this absurd obligation to marry (marital coercion by the state) has been abolished by the coalition of VVD and PvdA. Unmarried people can also submit an application to the IND again. The change in the law (reversal) will be officially introduced at the beginning of April, but the cabinet has already announced that unmarried persons who submit an application for unmarried status between October 1 and now will receive a positive decision provided that all other conditions (such as strict income requirements) are met. Unfortunately, the IND is quite slow in replacing the "old" advice request forms (I suspect they wait until April?),
in the meantime, when requesting advice, you can OR use the current forms and tick that you are unmarried, OR turn up an old version of the forms (see link). Enclose a note in which you explain that you are submitting an application as an unmarried person and refer to an announcement by State Secretary Teeven and the news update on the IND site itself in early 2013 that applications from unmarried persons will be tested against the old policy.
If you submit a direct application (the BP does this at the embassy) then you do not have to worry about that, an additional advantage is that she can give the IND notice of default after 8 weeks (they must then respond within 2 weeks) and you objection can be rejected. The disadvantage is that you have to pay the fees in advance.
For more information:
http://buitenlandsepartner.nl/showthread.php?55245-Trouweis-gaat-vervallen
Success!
My advice is: ask the Dutch embassy in Bangkok, especially the Dutch people working there. My experience with sending an email and getting a response is good. Information can also be obtained from the IND; However, my experience is that they are quite stiff; not as transparent as the embassy. Why I'm writing this: to avoid a lot of discussion here from people who mean well, but have no idea "where the clapper hangs" and "hearsay and/or think" but write something down. My advice is to simply search via the shortest route (i.e. embassy and IND) and obtain information there.
When preparing, it is best to first read the folders, forms and online information carefully. If you still have questions, it is best to e-mail the IND -after which an official will contact you-, you can also call (you will be an externally hired helpdesk) but you often get different answers to a question. The embassy will also know something, for example when it comes to what the foreign national has to hand in at the counter at the embassy, but the ins and outs are of course better known to the IND, which is after all responsible for the entire procedure surrounding MVV and VVR .
For further advice, there is a lot of expertise and experience to be found at the Foreign Partner Foundation (see my message), for example, the IND does not provide good information about the EU route (this is seen by the government as an abuse of EU rights, as a minister stated a few years back). Last year I successfully completed the MVV and VVR procedure and also the short stay visa earlier, this all went well by reading the forms and folders carefully and also thanks to SBP where I have gained many experience tips. The IND and embassy also answered my questions nicely.
My problem is often with all kinds of articles in this magazine, that abbreviations are often used and that I, and I hope with me even more Dutch people in Thailand, cannot find out what people are actually talking about.
Example: Application for MVV
Submit to or by IND
the BP at the embassy.
Maybe someone can help me with that.
thanks in advance
Mr Rien Stam
Sorry, here are some definitions of commonly used abbreviations:
-MVV: Provisional Residence Permit, this is the entry visa for non-westerners (with the exception of Japan and some other countries).
– VVR: Regular Residence Permit
– VKV: Visa Short Stay (max 90 days), formerly “tourist visa” .
– IND: Immigration and Naturalization Service
– BP: Foreign Partner (Ide ND calls this “the foreigner” and the Dutch partner “the referent”).
– SBP: Foreign Partner Foundation.
Those abbreviations:
MVV = Temporary Residence Authorization
IND = Immigration and Naturalization Service
BP = Foreign partner.
If they don't get any harder than this, feel free to ask a few more…
Maybe this has nothing to do with the topic, but I think indirectly it is.
It's still a pity that you can't choose your own girlfriend from any country.
The government determines whether your choice is good, I think this still falls under discrimination.
I hope other people will agree with me and that you will be forced to drop your choice on a fellow countryman you don't feel like.
I wish everyone good luck and hope for a good result.
It seems that the wedding requirement will expire on April 1. Instead, you must demonstrate that you have a lasting relationship with your partner.
Teeven's letter about the cancellation of the marriage requirement can be found on the internet, but I have not yet come across an official announcement regarding the cancellation of the requirement.
The old policy that you must have a lasting relationship with your partner (to be demonstrated by answering a questionnaire and supporting evidence such as photos, receipts/invoices, etc.) is being reintroduced.
The IND announced this on its website at the beginning of January (but people who follow the House of Representatives discussions could already have become aware of this at the end of December, at the IND it takes a few weeks, so it took another month before the IND introduced the new announced empty rates while the minister had already released a letter with the new rates a month earlier):
Intended reintroduction of the partner policy (News item | 09-01-2013):
The family migration measures came into effect on 1 October 2012. (..)
In response to the Coalition Agreement, which stipulates that a long-term and exclusive relationship is sufficient for family reunification and formation, the State Secretary for Security and Justice informed the House of Representatives by letter dated 21 December 2012 that the partner policy as it applied before 1 October 2012 , is re-entered. This requires amendment of the Aliens Decree. The aim is for this amendment to enter into force in the first half of April 2013.
Source: https://www.ind.nl/nieuws/2013/beoogdeherinvoeringvanhetpartnerbeleid.aspx?cp=110&cs=46613
* letter from Teeven, see the attachment in the news item*
But you don't have to wait until April, there are already people who have submitted a request for residence with an unmarried partner after October 1 (including January) and have already received a positive message, exactly as stated in the letter: as a transitional arrangement to the official introduction people who submitted their application after 1 October will also receive a positive decision (provided the other conditions are met).
This new policy is thanks to the PvdA (see also the coalition agreement), on the other hand, it is planned to increase the naturalization requirement from 3 years (married) and 5 years (unmarried) to 7 years for all immigrants. But that proposal has not yet been finalized... I don't know what the plan is for dual nationality, Rutte 1 was working on a ban on this, wanted to change this at the last minute due to protests from, among others, native Dutch expats and international companies so that only people are not allowed to have a DN at the gate, but people who emigrate are... but then the Rutte 1 cabinet fell. There are no agreements on this in the coalition agreement, with the current composition there would not be a majority to limit the DN.
Rutte II's coalition agreement does state:
“Our immigration policy is restrictive, fair and oriented towards integration. (…) Immigration policy will take into account the capacity of society. (…) For all newcomers, command of Dutch means knowledge of the
society and paid work offer the best prospects for successful integration.”
– Partner must be at least 24 years old. <– (this is not allowed due to EU treaties)
– Marriages between cousins are in principle prohibited.
– Family migration concerns the nuclear family: a lasting, exclusive relationship between partners and those who belong to the family household through biological kinship.
– We are tightening up the integration requirements, both abroad and in the Netherlands.
– Preparation for the integration exam is the responsibility of those involved.
– Civic integration must be paid for yourself, but money can be borrowed (as of 1-1-2013, but this must be fully repaid, see http://www.inburgeren.nl)
– Integration efforts are followed consistently and from the start.
– Anyone who does not make enough effort loses the residence permit.
– A period of five years now applies to voting in municipal elections, naturalization and not losing the right of residence when applying for social assistance benefits. This will be extended to seven years.
And why? Because people in The Hague have the idea that tough policies are needed to keep underprivileged people out. Personally, I think that they go too far with their rules and in this way seriously restrict the freedom of many good migrants and their Dutch partners and approach them in a rather patronizing or even disrespectful manner. The fact that they do not want someone to "hand over this immediately after arrival" and not participate in society to the best of their ability is fine and only logical, but the government's policy is particularly cold.
— Both VVD and PvdA (as well as CDA, SGP, D66 and PVV) would like to reintroduce the 120% minimum wage requirement, but fortunately this is also not allowed due to EU legislation. It therefore remains the requirement of 100% minimum wage and sustainable (i.e. guaranteed by means of a contract for the next 12 whole months at the time of application OR having met this in the past 3 years).
Finally: this summer there will be even more changes, the "modern migration policy law" will then come into effect, which will change various rights/obligations (responsibilities). A request for advice is then no longer possible, both the sponsor and the foreign national can then submit a direct application to the IND or the Embassy respectively. For more information and updates, keep an eye on the IND website (news updates).
PS It is also questionable what Brussels thinks about this, because in Germany, for example, the wedding requirement still seems to exist.
Rob, do you know if this marriage requirement also applies to Germany and Belgium?
mrsgr. Martin.
Unfortunately I have no direct experience with this myself. Are you aiming for the EU route (staying as a Dutch national in another EU country for a number of months in order to obtain the right of residence from the BP based on EU rights)?
It is mandatory for Germans living in Germany with a BP: a German friend of ours had his girlfriend come over 2 years ago and then got married. I believe this is also the case in Belgium: you can bring your partner over and then get married here, which is a requirement for long-term residence.
The Dutch state also had such a scheme from October 1 (entering and then getting married here so that a residence permit can be applied for - provided the other conditions are also met - but this was limited to people who could not get married in the country of residence). BP. One can also get married in the Netherlands by entering a VKV, but the partner must then simply return after a maximum of 90 days. A very tight period because for a marriage (registrations of a marriage already concluded outside the Netherlands and for (for a new marriage to be concluded) a so-called M46 Sham Marriage Investigation must take place with a BP. Such an M46 runs through the municipality, IND and aliens police and can take 2 months.
If you want to get married in the Netherlands with your BP who still lives outside the Netherlands, or have your marriage registered here, you can inquire about this at your municipality (the M46 sham marriage investigation procedure).
If you want to do the EU route, it is best to obtain information on the website of the Foreign Partner Foundation, for example about any loyalty requirements. Of course, it is always wise to obtain general requirements regarding immigration by reading the IND brochures and website, but they do not provide any information about the EU route. Via SBP you will also find references for information from the Belgian or German authorities. Finally, it is advisable to read official information from the authorities at all times. Good preparation through official documentation and recent expert experience (immigration law lawyers) is half the battle.