Schengen visa question: Get married in the Netherlands and then emigrate to another European country?
Dear Rob/Editor,
My name is John and I am 45 years old. After a difficult marriage of more than 20 years, I / we divorced in 2018. More than a year ago I met a sweet Thai lady with two daughters. Unfortunately, due to circumstances, we have not yet been able to meet in real life, but this does not make the love we feel for each other any less. We talk to each other every day, sometimes even for several hours.
I myself have two children. A 21-year-old son and almost 18-year-old daughter. Unfortunately, I no longer see and speak to both of them. They are very much under the influence of their mother. Anyway, my girlfriend has two sweet children with whom I have now been able to build a special bond and almost regard them as 'own'. We would like nothing more than to get married and form a family in Europe. My previous family may already reveal something.
I would like to emigrate. Too many memories in the Netherlands and after 45 years I need a change of scenery. You also hear thinking; Then why not to Thailand. Yes, I have considered and researched that as well. Unfortunately I am chronically ill. I suffer from rare Addison's disease. With the right rules of life and good health care, it is possible to live with it in relative quality. I now understand that health care in Thailand is of a different level and doctors have advised me not to settle there with my condition.
My girlfriend lives in Bangkok. The air quality is often not very good there either. Anyway, we would like to build a life together, somewhere in Europe. My preference is for Austria, although I am open to alternatives. Especially if this could simplify my girlfriend's emigration/immigration process.
I realize that the Netherlands has opportunities for many newcomers/immigrants to settle there, but that there are conditions/requirements for this. Obtaining an MVV in Thailand is for Thais, among other things due to the 'Noodle alphabet', unfortunately a lot more difficult than many Germanic literate people... I understand that a country sets all kinds of conditions, but in the Netherlands it sometimes seems very crooked. By this I mean the admissions policy.
What we wondered, is it perhaps an idea to get married in the Netherlands and then emigrate to another European country? Our thought was that another European country, such as Austria or Germany, would recognize the Dutch marriage and perhaps not impose any further integration requirements on my then Dutch/Thai wife. Anyway, I realize that this may be my naive assumption. I haven't been able to find anything about it on the internet so far.
I have, however, often read about the so-called 'Germany route'. My parents live in Germany. Could we somehow exploit this? Lots of questions but hope someone can guess us. After more than a year we really want to be together permanently / semi permanently. Thanks in advance for your thoughts, your response(s) and any advice.
Have a nice day! With very kind regards,
John
Dear John,
If you enter into a legally valid marriage (without appearance or motives dangerous to the state), whether in the Netherlands, Thailand or elsewhere in the world, you can in principle make use of the European law on the free movement of persons and their family members. The exact details and procedures differ per European member state. Hence the “Belgium route”, “Germany route”, “Netherlands route” (for non-Dutch Europeans and their families) and so on.
In principle, a joint stay of at least 3 months in an EU country other than your own country (for you, that is the Netherlands) is sufficient. Then you could already go to the Netherlands without the standard requirements and obligations that regular love migrants have to meet. A stay of more than 3 months is recommended, to minimize the risk of skewed eyes of officials.
A good source for information about the EU route is the website of the Foreign Partner Foundation. There is a forum with general information about the EU route and specific manuals for the EU route via Belgium and Germany, among others. For Austria it will be slightly different, but you can get the broad outlines and general preparations from the EU/Belgium/Germany forum sections. So I recommend you look around there. And then to further inform yourself at the Austrian Immigration Service, Austrian municipality that you have in mind and so on.
See: www.buitenlandsepartner.nl
If you still get stuck, consider contacting an immigration lawyer specialized in EU law. But with good preparation you should be able to do it yourself.
Good luck and regards,
Rob V
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