Dear editors,
My Thai girlfriend is now on a Schengen visa in the Netherlands for the 2nd time. When she goes back to Thailand, she will go to school for her civic integration exam abroad. After that I will have to prepare all the papers before applying for her MVV.
Now my question is; I know that for the Schengen visa I had to have a permanent job. This will be no different for the MVV. But if she has received her MVV, and she can therefore stay here for 5 years (taking into account her further integration), do I have to continue to meet these requirements all that time? Because I want to start for myself. And then you no longer have a fixed income. In any case, no permanent contract with an employer. Could this be/become a problem?
Thanks for your reply!
Regards,
Ruud
Dear Ruud,
For the TEV (MVV entry visa + VVR residence permit) you will have to demonstrate the same as with a short stay visa: that you have a 'sustainable and sufficient' income. So a contract that will be valid for at least another 12 months and at least 100% legal minimum wage. To meet the income requirement as an entrepreneur, you must be able to provide good figures over the past 1,5 years. If you want to have her come over within a few months, that is not a wise route now.
What you can do is start the TEV procedure based on your position as a wage slave. In addition, you could then start looking into your own company: can you slowly start your own company alongside your job? Or together with someone else who then hires you (of course, sufficient wages, etc. must be paid, no sham constructions!)? Just quitting your job after immigration is not an option. If the IND gets wind of it (and yes it does) they will be able to accuse you that you already planned when you started the TEV procedure and knew that your income would change and that you might no longer be able to meet the requirements. in short, that you have been fraudulent and the VVR will be revoked. Of course you can then litigate against it, but fun is different. During the first (little) year after immigration, I would not do things that could drastically change your income in a negative sense.
After that you could look at possibilities to start something for yourself, but remember that you are not allowed to rely on public funds (the Social Assistance). Okay, if that is a blue Monday and only additional assistance, then you will probably get away with it, but even then you can still get into trouble with the IND and you would of course prefer not to. So the best thing would be if there is constant certainty of an income: read starting your business and only quitting your job when your own business makes a profit. And maybe your girlfriend already has an income in the meantime, so you don't have to rely on public funds. But what exactly is wisdom here you will have to see in due time. If you are still unsure, I would contact an aliens lawyer and discuss your situation together.
Do not forget that there is a duty to report if changes occur in your situation that (could) affect your right of residence. If you set up your own business some time after your partner's immigration and ensure that you have sufficient income together (read: do not fall on Social Security) then it should work, but be careful.
Unfortunately I can't be more specific than this because I don't know your situation and I don't have professional knowledge of all the snags how to respond to the various scenarios that can arise from your scenarios.
Success!
Rob V
See also: ind.nl/Paginas/Legal-obligations-particulier-referent.aspx