Dear Rob V.

I am a Dutchman and live with a Thai, together for more than 10 years. We want to move to the Netherlands, but it was recommended to do this via the Belgium route. I have been deregistered from the Netherlands for over 10 years.

That means getting married first. But where? Currently we both still live in Thailand. Netherlands or Thailand? What is most useful in this situation?

After getting married, can I rent a house in Belgium? Can my wife travel with me right away or will I have to make XNUMX minutes first? Which visa will she need to apply for to live with me in Belgium, assuming she applies for a visa at the Belgian Embassy?

Although more questions, I am already grateful if these are answered.

Yours sincerely.

Peter


Dear Peter,

For a European like yourself who lives outside Europe, moving to Belgium or Spain, for example, is comparable to moving back to the Netherlands. The non-European partner then has extra advantages (eg no integration obligation) so that is why the Europe/Belgium route is a good consideration. These rights and obligations stem from EU Directive 2004/38 on free movement for the family of EU citizens. A marriage makes this route the easiest, unmarried the route can also be done if the EU country in question recognizes durable, exclusive relationships. This is the case in Belgium (and the Netherlands, but you as a Dutch person cannot go there).

If you can show marriage papers (of course translated into English and legalized by the Thai ministry of foreign affairs and the embassy -preferably of the EU country where you will live-) then you have the least hassle. To demonstrate a 'durable and exclusive' relationship, you have to think for yourself what convincing evidence is (demonstrably long cohabitation, having seen each other regularly, a family, etc.). If you go for marriage, it is easier in your case to marry in Thailand and to register this later in Belgium and the Netherlands (Department of National Tasks, Municipality of The Hague). 

Officially, your partner can immediately join you on a type C visa (short stay), then you start the procedure after arrival in Belgium. You can indeed apply for this at the Belgian embassy. It is of course nice if you can immediately move into an apartment or arrange it in a short time. Legally - if married - there can be no question of overstay, but to avoid hassle I would start the procedure well within the visa period. You are also free to apply for a visa type D (immigration) and have your partner wait for the procedure in Thailand. The Belgians can take up to six months to make a decision, so then you are separated from each other for a long time. Only you can decide what is best for you.

For more information, see the Belgium route handbook at foreignpartner.nl , in particular the forum section on the EU route where you can find a handbook specific to the Belgium route: https://buitenlandsepartner.nl/forumdisplay.php?22-Europe-road.

See also the recent reader question about the Netherlands route, and the responses below. 

I myself am not a specialist or experience expert in the field of the EU route, so for a step-by-step plan I would consult the various sources mentioned here. Of course you will have to deal with the DVZ (immigration office) instead of the IND and the Belgian embassy instead of the Dutch one: https://www.thailandblog.nl/reader question/choose-belgium-route-to-thai-girlfriend-to-netherlands-get/
Who knows, maybe some readers would like to put their experience with the EU/Belgium route and their Thai partner on paper and submit it as a blog to the editors? 
Regards and success,
Rob V

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5 responses to “Moving to the Netherlands with my Thai partner via the Belgium route?”

  1. Legal says up

    You can also find a lot of information about the different member states via the links at http://www.belgieroute.info

    As a Dutch citizen of the Union, you can choose from 27 EU member states (the Netherlands does not participate for you, that is only the case if you come there after a stay of more than three months in another member state) and even, for example, Switzerland or Iceland.
    Therefore, preferably look for a country where you already have a social network and/or where it is easier to find accommodation.

    If it doesn't cost anything, then set your sights on Burgarije, for example. There, the monthly resources that you need as an economically inactive Union citizen are about €350 (compare that with more than €1.000 in Belgium or Germany) and the living costs are also much lower.

    If you still want to work, look for European vacancies before you leave Thailand (look in the block “Foreign and work” on my homepage http://vreemdelingenrecht.startpagina.nl and think of a country like Latvia. Know that there is no means requirement if you are an employee (although you must of course have something to live on).

    In all cases, my advice is: go directly from Thailand to your future EU country of residence and do not register in the Netherlands first. You can of course spend a holiday in the Netherlands beforehand if your partner's visa allows it. This is especially with a view to your future stay in the Netherlands.

    • Rob V says up

      Great advice Pravo. But you are also the EU route expert & pioneer.

  2. Jacques says up

    What I need from my heart. I myself worked for more than 15 years with the aliens police in the Netherlands and I was also appointed there for years as an assistant public prosecutor. I decided on files of detained foreign nationals who were staying illegally in the Netherlands, often also committing criminal offences. Among other things, I did the course on immigration law, which also discussed the Belgium route at the time. In my opinion, this was and still is, unless there is a change in the law, for many, a disguised or illegal way to allow their partner to enter the Netherlands in the long term. The way in which this can take place has been discussed many times on this blog and I assume it is known to many. The goal is to stay in the Netherlands in the near future, but to avoid the rules that apply if you want to move directly to the Netherlands with the wife or girlfriend. Staying in Belgium as a Dutch citizen and adding your wife or girlfriend of your choice is often a fake construction, because in fact, in addition to registering in a Belgian municipality, you also actually want to settle in that other EU country. Often also working there or possibly looking for a border place to stay, so that work can be done in the Netherlands again. If you want to do that for a longer period of time, there is nothing wrong with that, but for many this will not apply. They want to go to the Netherlands as soon as possible, but do not have the opportunity (financially or otherwise) to do so. Yet making the switch in this way and using what I believe is a gap or unregulated behavior in EU legislation is not as it should be and tempts people, which is a bad thing and does not do justice to the many others who obey the law and do not choose this route. The rules for the Netherlands have not been drawn up without reason and in my opinion we must adhere to them as long as they are in force.

    • Rob V says up

      If you go back to your own country after 3 months and 1 day, it has certainly been a shortcut. How large the share of abusers is I don't know 1-2-3 but thought that research was done on this a few years ago, I remember. It wasn't nothing, but it wasn't a shocking number either. See:
      https://www.rijksoverheid.nl/actueel/nieuws/2009/12/18/aanpak-fraude-en-misbruik-europa-route-lijkt-effectief

      The gap stems from the fact that member states (and the Netherlands was a pioneer in this) have slashed their immigration & integration requirements. Half a century ago it was assumed that the woman would join the man as standard and the female foreigner received a passport (nationality), so to speak, the day after arrival. The European agreements to achieve some equality between member states were also made, but these were stricter than, among others, the Dutch requirements.

      From the 90s and in particular the turn of the century (Job Cohen's new aliens law, then Rita Verdonk with integration legislation) this has been changed and the rules are very strict. For example, a requirement of 100% (sometimes even 120%) statutory minimum wage and sustainable income. If you earn a euro less or your contract runs for 360 days, you are out of luck, no VVR. If you earn enough and you have a million outstanding debts, then it doesn't matter... Where the European agreements simply state that you may not be an (unreasonable) financial burden, you can keep your own pants, then it's good, even if you only have 90% WML or an income that is less sustainable.

      Agreements to also tighten up the European agreements were made under Minister Gert Leers (Green Paper talks), but this came to nothing. So the 'skewed' legislation continued to exist.

      Enthusiasts who want to know more about the various developments in the EU route area in plain language can visit this blog:
      http://eulawanalysis.blogspot.nl/

    • Frits says up

      I also need something from my heart. The fact that you worked for 15 years at the Aliens Police and had to deal with illegal immigrants is to be appreciated and will not always have been easy, but to now label the so-called EU route as illegal is going a bridge too far for me. This is a typical Dutch civil service point of view. By comparison, the following: If a Dutch government agency starts a project because of the fact that a subsidy is given from Europe, it is not said that this is illegal.
      But as soon as an individual makes use of European regulations, there is suddenly illegality. That is measuring with 2 sizes, but we are good at that in the Netherlands. May I also remind you that the Netherlands has tightened the rules for immigration and not the EU. In your opinion, the EU should adapt its regulations to those of the Netherlands, after all, we are the best. However, the EU is not in favor of this. which has also been confirmed in various judgments of the European Court.
      Nevertheless, the stubborn Netherlands continues to insist that there is a gap in the legislation.
      We live in a bigger world and suggesting that people are engaged in illegal activities should be rejected.


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