Dear editors,
We have a very sweet daughter-in-law to be, but she lives almost on the other side of the world in Chiang Rai (Thailand). Our son (24) was on holiday in Thailand for a month in 2016 and there was more than just a holiday romance. The couple really love each other and want to continue together.
From the end of December 2016 to March 2017, our 'daughter-in-law' spent an exploratory stay here and since then it has been certain that her future lies in the Netherlands. She also wants to make an effort to integrate here (she went to the University of Groningen for a basic Dutch course) and she wants to work here. She is currently completing her education (tourism management) in Thailand and would like to come to the Netherlands permanently in September for her love and for work.
Student
Our son has been with her in Thailand from mid-May to the first week of June. He has no income from a permanent job yet because he is still studying. He does have a weekend job (alternating day and night shifts) and rents a flat in Groningen, for which he receives rent allowance. He can provide for himself with his side job and student finance. We step in where necessary.
Our son earns too little with his side job to meet the income requirement. Unfortunately (according to the rules of the IND) we cannot guarantee her now because she needs a different visa (MVV) than the first time she stayed here. And that while we do have enough income to provide for this.
We (and our son and his girlfriend) can demonstrate that there is a real love relationship. We can also demonstrate that we have sufficient resources to guarantee her until she finds a job here herself.
Does anyone have experience with this matter and tips to make the application go smoothly? We live in Drenthe and now I understand that we can go to the IND desk in Zwolle to prepare things or to ensure that the application runs smoothly. Now we know that people are strict and that the rules are strictly applied.
How do we prepare ourselves as well as possible for an 'intake interview' at the IND desk? We do not understand that it is made so difficult for a person who wants to come here with the right intentions to settle here. She does not come here as a refugee or a profiteer, but driven by love!
Thank you very much for hopefully useful responses.
Pieter
Dear Pieter,
Unfortunately, your son will really have to meet all the requirements, including having a 'sustainable and sufficient' income, or a salary of 100% WML. Every 6 months that amount will grow slightly, as of July 1, 2017 the income requirement will be 1.565,40 euros per month. In addition, the income will also have to be sustainable (for example, an annual contract). More about this can be found in the 'migration Thai partner' file in the menu on the left here on the blog. The sponsor or foreign national cannot be sponsored by a third party during an immigration procedure - unlike a short stay visa. There is nothing really different than his girlfriend occasionally (but never longer than 90 days in any period of 180 days) for a short visit to the Netherlands until he can meet the income requirements.
The only ways out are not exactly easy choices. For example, the Thai girlfriend could look for a Dutch follow-up study at Bachelor or Master level and stay here as a student. While she is doing this study, your son will have time to find a job that allows him to meet the requirements.
As a last option, he could also marry her and work and live with her elsewhere in the EU for some time (at least 3 months). According to European rules, a non-EU family member has the right to be together with the EU family, provided they do not impose a disproportionate burden on the state. However, this regulation (EU Directive 2004/38 on the free movement of persons) does not apply in the country of which an EU citizen is a national, so people will have to temporarily live across the border. This route is known as the 'Belgium route' or 'EU route', most Member States see this as a shortcut, so countries such as the Netherlands and Belgium are doing everything they can to prevent this. So there is more to it than moving across the border for a few months. In addition, getting married is of course not something light. For the EU route I refer to websites with more expertise on migration issues such as www.buitenlandsepartner.nl
Going through the IND has little added value at the moment, they will make it clear that your son does not meet the requirements for the Entry & Residence (MVV + VVR) procedure. I doubt whether an IND officer will advise that the Thai girlfriend is looking for a study here and they will certainly not talk about the EU route. What they can say is actually also on IND.nl and for more (free) advice there are forums like the one I mentioned above.
A personal note:
Yes, the situation of your son and his love is certainly sour, I know that from experience, in my case it took about a year and a half before I could meet the requirements and my love could come to the Netherlands. That feels unfair, it puts a strain on a relationship, you are not a financial or social burden to anyone, but alas, that is the immigration policy these days. The government clearly wants to limit the risks as much as possible (who guarantees that a third sponsor will not drop out? or that the sponsor will still claim public funds such as social assistance? etc.). It is that the judge has blown it back, but the wage claim has been 120% WML for some time with the reasoning that the sponsor must not only take care of himself, but also a partner who will most likely not be able to start work immediately. In addition, this type of policy is also somewhat easier to implement than targeted customization with dozens of exception scenarios, a straight line is easier to maintain. Plus that the people have clearly been asking for stricter requirements since the beginning of this century and they have been there since then. However, the stretch is out, the Netherlands cannot be stricter, because otherwise people will again be reprimanded by the European Court. Relaxing migration policy is not politically feasible for the time being, so the rules will remain as they are for years to come. That certainly costs some relationships, but I sincerely hope that your son and his love do everything they can to be happy together. There is nothing to do but fight.
Regards,
Rob V
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Perhaps also something to think about if it is possible that the girlfriend can come to the Netherlands. The diploma(s) of higher education obtained in Thailand are often not recognized in the Netherlands. to which there are not so many requirements. And just as Rob.V.al says, there is no point in visiting the IND if the requirements are not met. Maybe let the girlfriend come on a tourist visa for the time being, they also have some more time to get to know each other better. After all, they are still young, and perhaps easier for a parental guarantee.
Financial requirements are also set by the temporary country of residence for the EU route, even though these are generally somewhat lower than in the Netherlands. Nevertheless, you must be able to demonstrate a monthly income at a minimum level (or VERY large savings). However, if you add all other costs that have to be incurred (extra rent 6 to 8 months, gas, electricity, internet), while the costs for the home in the Netherlands may continue to be added, you have to start with a very full wallet. do you want to complete the europe route.
And then I'm not even talking about the hassle and costs of exchanging a driver's license for a foreign one, importing the car, opening a local bank account, and registering abroad, canceling health insurance and taking out a new one there, etc. etc., with everything in reverse order. If these steps are not followed, there is a good chance that the assessment at the IND will not be passed because people will then suspect a sham construction.
It is worth considering, if love really burns like that, perhaps (temporarily) looking for a better paying job so that the loved one can come straight to the Netherlands after passing the civic integration exam abroad (also no sinecure!). It's cheaper, and you avoid a lot of hassle.
It will be a tough one: a young man of 23 years (2016) who falls in love with a Thai young girl during a vacation. But can you maintain that there is already a lasting relationship if after that holiday she visits him for about 3 months, and he recently visited her again in Thailand. If this is the standard for being able to demonstrate that relational sustainability exists, the IND will be flooded with applications, regardless of the income requirements that are set. And rightly so of course. It is not up to the Dutch payer to convert foreign crushes into opportunities to live together. After all: if you look closely, that is the wishful thinking of the young people concerned.
But the reality is more stubborn. If there is real love then what prevents him from completing his studies as well as possible and in the shortest possible time, finding a good job that generates sufficient income to meet the income requirements of the IND? (See response RobV.) And what's stopping her from getting to the best of her ability to speak the Dutch language, because her Thai tourist diploma will not be of much use to her in the Netherlands. In my circle of Thai acquaintances in the Netherlands, I meet many elderly people who, even after a stay of more than 10 years, have a very poor command of the Dutch language. Parents and son please do not underestimate this. Fortunately, in the same circle of acquaintances I also meet many young people who find it easier to learn the language. It can be read that it is apparently not difficult for the girlfriend to follow an education to master a language that is foreign to her. One can count oneself lucky with that - I also experience the opposite.
In short: put aside the desire to live together right now, focus on reality, not on desirability. Both get to work studying, and first see how consistent the apparent relationship becomes. A relationship is not just about romance. It would be good if the parents could contribute to this more realistic sense.
Fortunately, the IND makes no distinction for anyone. It's heavy and hard. Good luck.
http://www.banlomjen-chiangrai.com is a meeting place for Dutch people, especially at weekends
there she can (practice) speak Dutch Greetings Joop
Because my Thai did not meet the age requirement, I went to live in Antwerp in February 2007 and went to The Hague daily for my work. Incidentally, I don't think the 120% requirement is unreasonable at all, because with a Foreign Partner, a foreign family with financial needs comes along. We got married in Thailand and registered the marriage in The Hague. Living in Antwerp meant leaving the house at half past five and being back at nine in the evening. Our goal as soon as possible after the exam in BKK to continue learning more NL, in this case also Flemish words. That worked well. After 9 months for me and six months for her to NL Amsterdam as European citizens … Started there immediately with MBO 1 and achieved within 7 years up to and including MBO 4 financial administration. You get back what you put in…at least in the beginning
After 7 years our marriage was over for her and she has another partner. Our daughter lives with me. Thanks to the training, she can be independent with a permanent job. Just get around to that nowadays, at De Bijenkorf and, like some other foreign partners, is not dependent on benefits or alimony after a few years. For the time being, according to current legislation, you are financially tied to a marriage for up to 12 years after the divorce. About 40% of marriages end in divorce…be prepared for the worst to handle it the best…
Going to live in Germany is an option, write out in Groningen and the part from the first station in In Germany Bunde is not as far as Antwerp The Hague and a lot cheaper. A hat unit does not have to cost that much, probably cheaper than a student room in Groningen. As a work advisor / wage value specialist, I can confirm that the Thai diploma is not very helpful to her. Start as soon as possible with a Dutch vocational training via the ROC starting low is certainly not wrong. Always use Dutch and English only as a support language. The pitfall is to keep speaking in English because it is so easy for both, especially if she has a good command of that language. Also choose a professional direction with a future ... do not be guided only by current interests ... they change nicely in a life .... Let her play sports or do something else with Dutch team members ... who also have some education. Volleyball is not an elite sport, but after secondary education it is more often practiced by reasonably educated people. It also provides a useful network in addition to future school friends.
If it all sounds too difficult or too complicated I would say just don't do it. No guts no glory infatuation is cheap Love is a relationship long investment in each other. Used to be lifelong but that was then….