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Question: End of residence permit

By Submitted Message
Posted in Long stay visa
Tags: ,
1 August 2020

Dear Rob/Editor,

My girlfriend's 2021-year residence permit will expire in March 5. She has now passed the integration process and has a job of 20 hours a week. What now? Apply for a residence permit again Apply for a Dutch passport, but her Thai nationality will not expire.

Should something serious happen to me, can she just stay here in the Netherlands? We have a cohabitation contract and her 11-year-old son is also here in the Netherlands.

What are the pros and cons?

Regards,

ES

Dear Egbert,

In my file 'Immigration Thai partner' I point out the various options available. It is more or less standard for partner migrants to convert a temporary (5-year) residence permit into a residence permit for an indefinite period after 5 years of residence. A slightly stronger status is applying for continued residence. In both cases you really remain dependent on the IND. Not everyone is happy with that, so if you want to be rid of the IND and residence permits once and for all, naturalization is a good option.

However, when naturalizing as an unmarried partner, the Netherlands will require that your sweetheart gives up her Thai nationality. However, if you were to get married, the Netherlands would allow her to keep her Thai nationality. It doesn't matter to the Thai authorities, they don't recognize a second/multiple nationality, but they don't prohibit it either. If marriage isn't an issue, I'd definitely do that. Naturalization is then possible from 3 years after immigration, provided that she also meets the other conditions, such as completed integration. So if possible: get married and arrange the papers for naturalization I would advise. That gives the most certainty.

If you do not want to get married, check with the IND whether the status 'residence permit humanitarian non-temporary – continued residence' is something for her. However, this also comes with a nice price tag and is not much better than applying for a permanent residence permit. For details about naturalisation, continued residence or extension of an indefinite period, I refer to the website of the IND.

Incidentally, even with a temporary residence status, the Netherlands will not simply or easily deport your partner if something happens to you. There are also humane laws and regulations for this. But of course it is better to just apply for the best possible status for your situation, even if you hopefully grow very old together.

Good luck and regards,

Rob V

Sources: IND.nl and the Thai 'Nationality Act, (No.4), BE 2551'

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