I want to apply for an MVV and C visa for my Thai girlfriend, is that possible?

Dear editors,

I want in September MVV requests for my Thai girlfriend. I also want to apply for a c-visa for 3 months in case MVV is rejected.

Can these applications run simultaneously or what is it IND policy in this?

Thanks in advance for your responses.

Regards,

Ben

Dear Ben,

In short: yes you can, but I wouldn't do it and only go through the immigration procedure. Let me explain: Properly going through the TEV procedure (MVV + VVR) is easier than getting a Short Stay Visa. After all, there are many comparable assessment grounds, such as 'does the sponsor have a sufficient and sustainable income?' which apply to both TEV and CRR. However, for a short stay you will have to demonstrate that taking into account all the facts and circumstances, the chance that the foreign national will return to the country of origin in time is greater than the chance of overstay (illegal stay) in Europe. Of course, this is not checked for immigration.

If the foreign national and the sponsor meet the other requirements that specifically apply to the TEV (successfully passed the civic integration examination at the embassy, ​​signed the various declarations, etc.), you will simply be assigned the TEV. You can check matters such as the exam and the delivery of the (un)marriage certificate yourself in advance, so that you can actually know in advance whether you will receive the TEV. Where obtaining a VKV gives more uncertainty due to testing for, among other things, the risk of settlement, purpose of travel, etc. Applying for a VKV as a backup for the TEV therefore makes little sense.

But if you want to know if it's possible, the answer is yes. Someone who already has a (still valid) VKV can come to the Netherlands while the TEV application is pending. You can also apply for a VKV while a TEV application is pending. But you have to be careful, the officials of the IND or BuZa can be difficult. They often say 'you are not allowed to be in the Netherlands during the TEV application'. This is also stated in the FAQ* of the IND and in internal instructions from Ministry of Foreign Affairs**. But that's not right (!!). Officially, the law (Aliens Circular 2000 (B)) states that lawful residence during the TEV procedure on, for example, a short-stay visa is permitted, provided this is not intended to circumvent the MVV obligation. So if someone comes to the Netherlands for a while and they return to Thailand (with or without a current TEV application), then you are not doing anything wrong. However, practice shows that many civil servants will make it difficult for you and falsely claim 'you are not allowed to be in the Netherlands, we will only do something if the foreign national is demonstrably outside the Netherlands'.

So I would advise: keep it simple, just do the TEV application and leave the VKV in place. Or submit a VKV application now. If your girlfriend has been to the Netherlands before, she can in principle receive a VCR with multiple entry that is valid for a longer period of time. She could then come on holiday while the TEV application is running. But the best thing is that the IND will not get wind of it if you have to deal with a sour or incompetent official.

If you do come across such a civil servant, please quote the Aliens Act Implementation Guidelines 2000: Article 3.3.1. Beginning of the TEV procedure

“The IND does not reject the application for an mvv because the foreign national resides lawfully in the Netherlands pursuant to Article 8, preamble and under i, Vw, if it appears from the duration and purpose of this stay that the foreign national does not reside in the Netherlands with the intent to circumvent the TEV procedure”

Success!

Rob V