Residence permit question: Immigration Thai partner
Dear Rob/Editor,
My partner passed the integration exam years ago and has had a residence permit type V for quite some time now.
We are no longer very well informed about all the routes that Thai residents can follow to obtain a permanent residence permit that entitles them to stay in the Netherlands. Of course I still know the "normal" route via the Bangkok exam and then the integration exam in the Netherlands, which she took herself.
A good Thai acquaintance of ours asked us if there are any other options for obtaining a permit that entitles us to live permanently in the Netherlands. She mentioned taking an exam in Berlin.
My question is therefore put briefly, what are the simplest ways to live permanently in the Netherlands, even if that would have to be done via a residence permit issued in another EU country?
Regards,
Theo
Dear Theo,
I hope I understand your question correctly, and that you ask on behalf of a Thai acquaintance living in Thailand how she can obtain a residence permit in the Netherlands? I assume, of course, that she has a Dutch partner. Coming to the Netherlands purely independently is very difficult, unless she knows a Dutch employer who can offer her a specialist job that cannot be filled by a Dutch or European. In that case, the ball is in the first place with the employer to put her papers in order.
The two primary options for partner migration are discussed in the file 'immigration Thai partner'.
Route number 1 is the standard route: taking the civic integration examination abroad (WIB) at the embassy, starting the entry and residence procedure (TEV) at the IND, after migration, integrate here within 3 years and with completed integration (A2 Dutch, medium 2021 will be that B1 level if it is up to this cabinet). You can then apply to the IND for a permanent residence permit, which we know as 'residence indefinitely'. But then you are still bound by the IND, if you are married or have entered into a registered partnership, you can also naturalize as a Dutch national while retaining your Thai nationality. Note that a registered partnership is 99% equal to a marriage, but many countries do not recognize this partnership, so I would personally recommend marriage over a registered partnership.
The option you're probably referring to:
The other option is that if married, the Thai and Dutch partner will live across the border for some time in, for example, Germany, Belgium, Spain or anywhere else in the EU. The Dutch partner can look for accommodation across the border, register and ensure that it is economically independent (does not have to rely on the state). Subsequently, the Thai wife or husband can transfer to both a short-stay visa (type C) and immigration (type D, known as MVV in the Netherlands) without pre- or post-integration. Some details of this are discussed in the file, but to know the ins and outs and given that everyone's situation is slightly different, it is better to read up on specialized websites for this route, such as the forum of the Foreign Partner Foundation (SBP). Or consult an aliens lawyer who is familiar with what we call the EU route or Belgium route. After living together across the border for some time, at least 3 months but preferably longer, you can come to the Netherlands. There, therefore, there is no civic integration requirement and people are in a better residence position than regular family migrants.
The above is also a smart way for the Dutch-Thai (or Flemish-Thai) couples who live together in Thailand and want Europe. Instead of moving to your own country, you can also live in another EU country for a while (at least 3 months) and thus avoid some blockades. You benefit from this in many respects, and what difference does it make whether you move from Bangkok to Maastricht, Aachen or Liège? It does require some preparation, but the regular route to your own country (the Netherlands) also costs time and money because of the integration beforehand. Definitely something to consider.
If there is a third option:
If a Dutch minor child is involved, there is a third option thanks to the Chavez-Vilchez judgment. Then you can come to the Netherlands under a relaxed condition (compared to route 1) without a trip across the border. You can also find more information there on a forum such as SBP.
These two (three) routes are the main directions you can choose. My Immigration file explains the standard immigration procedure (maybe I will make an update at the end of this year as it is no longer completely up to date on points). For the EU or Chavez route, I advise you to seek help from people with experience (such as on the SBP forum) or if financially possible: to engage an immigration lawyer so that you do not fall into certain pitfalls.
Yours faithfully,
Rob V
NB: I sometimes hope that readers of Thailand blog will send in their experiences as a story about how their migration to the Netherlands or (via) another EU country went. Concrete experiences can be useful or give ideas to other readers.
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Good afternoon. I got my Thai partner out of Thailand 2 years ago through the Chavez arrest. This is because my son (born in Thailand) also has Dutch nationality. With the help of my lawyer Mr. W. De Vries, based in Amsterdam (specialized in the Chavez file), everything went smoothly, and she has now received a residence permit for 5 years.
The parent (in this case the mother) of a Dutch child does not receive a residence permit, but a document confirming the right of residence on the basis of an international (EU) treaty. This document can be renewed until the child is 18.
Until then, someone can use the time to come up with a different solution, ie to apply for a residence permit for a different purpose of residence (the partner may have met the means requirement in the meantime or the residence permit for an indefinite period can be applied for).
A person with a right of residence based on the Chavez judgment cannot naturalize as a Dutch citizen, but the “Chavez time” does count towards the length of stay in the Netherlands required for naturalization (five or three years).
It is also important that as long as the child is a minor, the parent with a right of residence under Chavez may work, above the age of 18 years of the child this right to work lapses.
see the link:
https://www.mvv-gezinshereniging.nl/veel-gestelde-vragen/vragen-over-chavez-vilchez/mag-de-ouder-tijdens-het-aanvraagproces-in-nederland-verblijven-werken-en-in-en-uitreizen
I understand from the writer that he can get his beloved Thai girlfriend to the Netherlands without too much "hassle" without following the official 1st route, but via a different route. I understand that the writer likes to have his girlfriend with him, I wanted that too and have therefore taken the official 1st route. She is now married and has a permanent job. I wonder if, for example, you follow the Europe route (seems cumbersome and not cheap) and you do not integrate, so, among other things, you do not learn the Dutch language, how do you want to maintain yourself here. You can forget about a job (for an established foreigner you are already in a more difficult position on the labor market than a Dutch person if you do not speak the language and cannot read it. Shopping, social contacts, etc. will only be possible with Thai take place (of which you are not a part of) In fact you are illiterate, it seems to me that you live quite isolated in the Netherlands, I wonder if that makes you so happy. I compare it with myself, I do not speak Thai when we are in Thailand and my wife is with her family they speak Thai I really don't know what they are talking about and it's quite frustrating I'm only there a bit, think about this too.
If the IND conditions are met, whereby the sponsor in particular must meet the means requirement, the TEV-MVV procedure desired by the IND is often the best.
If this procedure is not possible, the EU route is often a suitable alternative. There are then cheaper (Bulgaria) and more expensive (Germany, Belgium) EU Member States.
Learning Dutch (integration) is always wise for a foreign partner. And, whichever route someone chooses, it is necessary to be able to naturalize as a Dutch citizen.
The advantage of the EU route or a right of residence under Chavez is that someone can integrate peacefully without time pressure or the threat of a fine. In all cases, the costs must be borne by someone themselves.
It doesn't apply to my situation, but I think it gives good tools and respect for it.
When my partner at the time came to the Netherlands 18 years ago, many roads were also closed to combat trafficking in women, or so they said. At the time she came to NL on a holiday visa and we immediately went to the local town hall that they had misunderstood at the embassy and that the wrong visa had been issued. At that time I was unemployed and argued that it would be nonsense and costly to have to follow the official route to go back to BKK and then back again. My blue eyes must have done it because they agreed with me.
Didn't cost any money, so no corruption, but a fine assessment of the official in question. After a number of years, she acquired Dutch nationality.
What surprises me is that 18 years later there are still routes and that in an EU environment where everything is nailed down.
Don't get me wrong .. especially walk the roads that are there and look for the weaknesses of the regulations. Personal happiness can take people very far.
Hi Rob,
I would like to share my experiences with regard to the Belgium route.
We're working on it right now and we've come a long way.
Only this concerns a Filipino, but that does not matter.
Greetings Tony
Thank you, I think that would be nice for the readers who are considering this route. 🙂 Depending on how much you have to say, you can write something in response below or approach the editors via the contact form (or also via info monkey tail thailandblog dot nl).
Dear Ton, a good friend of mine, would also like to have his Filipino girlfriend come to Belgium in the future. As soon as possible after those Corona problems. Is it possible for these experiences to be emailed to my email address, please. [email protected] I am also Belgian but married to a Thai woman and live in Thailand, my boyfriend would like to continue living in Belgium and have his Filipino wife come to Belgium, he is also 67 years old and does not know how to arrange that. Thanks in advance. Rewin Louis.
That friend (if he is Belgian) should familiarize himself with the national Belgian rules for family reunification. If he meets this requirement, it is best for him and his wife to (r)emigrate to Belgium without a detour.
If that is not possible, it is an option to first spend about four months together with his wife (they are preferably married or demonstrate a long-term relationship, i.e. they have lived together for six or more months) in, for example, the Netherlands, Germany or to live in Luxembourg.
In all cases: his wife must receive a free visa from the NL embassy if this Belgian plans a holiday to NL and his wife accompanies him on that trip. Once in the Schengen area, they can follow the route that suits them best.