MVV procedure: Can I assist my girlfriend in BKK during the integration course, exam and procedure?
Dear editor,
I have the following question for Rob V.: Can I assist my girlfriend in BKK during the integration course, the exam and the MVV procedure?
My girlfriend is coming to the Netherlands for 60 days at the beginning of May. I know that it is not allowed for her to start an MVV procedure from the Netherlands. It would be nice if she did a first integration course during the holidays in May/June, take an exam and apply for the MVV. But things like this are not allowed. Too bad, but it's no different.
That's why the two of us are flying back to Thailand at the beginning of July. My girlfriend then starts her first integration course in Bangkok, and after passing it, she can apply for an MVV at VFS Global.
Now I heard from various sides that it is not allowed for me to live in Thailand during the MVV application. I would have to wait for the procedure from the Netherlands. After all, it could be that the IND asks me about address and income, and that I answer there from the Netherlands. Is this correct? Is it appropriate that when my girlfriend applies for the MVV from Thailand, I myself stay in the Netherlands? Or can I assist her in BKK during the integration course, the exam and the MVV procedure?
Thanks in advance for your response.
Hendrik
Dear Hendrik,
The fact that a foreign national is not allowed to start a TEV (MVV + VVR) 'entry and residence' procedure from the Netherlands is more or less correct. Officially, the procedure may not be started from the Netherlands if you want to circumvent the MVV obligation. In theory, a foreign national can therefore easily start the TEV procedure from the Netherlands and complete the holiday, provided that he returns to the country of origin in time to await the course of the procedure and, if the decision is positive, to apply for the MVV at the embassy. However, there is a good chance that the IND wants to see that the foreign national has really left the Netherlands, and a single IND employee (as learn from the experience on foreign partner.nl) even believes - wrongly - that the foreign national is absolutely not allowed to stay in the Netherlands for a single day. staying while applying for or going through the TEV procedure. The advice is therefore also to start the TEV procedure if the foreign national is demonstrably outside the Netherlands.
If your girlfriend is in the Netherlands for a short stay, she can of course follow a course for the exam at the embassy (the civic integration exam abroad, officially known as the Wet Inburgering Buitenland or WIB). There are various providers of courses in the Netherlands and many have preceded you. If it's convenient for you to do a course here, that's fine.
I don't know how you came to the conclusion that this would not be possible, you or people around you may have completely misinterpreted the "you are not allowed to wait for the TEV procedure in the Netherlands from the point of view of circumventing the MVV obligation" requirement. The fact that the IND wrongly translated the law even more simplistic in its FAQ - no TEV procedure when staying in the Netherlands - obviously does not help citizens either.
As soon as your girlfriend has passed the WIB exam, the TEV procedure can be started. You can do this from the Netherlands as well as your partner via the embassy. The MVV is a Schengen visa type D -entry visa- and can only be applied for if the IND has made a positive decision on the TEV application. The usual route is that the Dutch partner, being the sponsor, starts the TEV procedure from the Netherlands. This can be sent by post or handed in at an IND office (by appointment). Your girlfriend as a foreigner can also start the procedure from Thailand. She will then have to take her part of the documents with her, the visa service will then forward this to the IND, who will then ask the sponsor in the Netherlands to hand in the sponsor part of the documents. In practice, this is more cumbersome and time-consuming because there are more steps to take. The easiest thing is simply to collect forms and documents (never send originals!!) and address them to the IND. This can be done by post, so if you are not in the Netherlands yourself, someone you trust can also post a thick envelope.
That brings us to the second part of your question: if you are in Thailand, the TEV application can also be started as usual. However, the IND may approach you by letter. For example, to transfer the fee if the application has been started by post or you have not paid the fee when submitting the application at an IND office. It is also possible that the IND asks for more documents, for example because you have simply forgotten something or because the IND considers further investigation necessary. In all these cases it is very handy that someone can manage the mail from the IND to your Dutch address and pass it on to you. Depending on what the IND asks you for, it can be quite difficult to arrange this from Thailand. Of course, that also depends on the situation: what is the IND asking for? Does someone you trust have access to extra documents or do you have to try to arrange everything from Thailand. The sponsor often awaits the TEV procedure from the Netherlands so that steps can be taken quickly and easily if the IND so requires, but it is not mandatory. The IND has access to, among other things, the database of the UWV (suwinet, which contains your income data, which you receive via your employer's wage declaration) and the municipality (basic registration of persons or BRP, formerly this was the GBA, about your place of residence and marital status). In most cases, the IND will no longer have any questions if you have provided everything and this information does not conflict with what the IND itself checks in the various databases.
If you live permanently in Thailand, it will be difficult, because the foreign national can only move in with a sponsor if he is or will be living in the Netherlands (and that the sponsor also meets all other requirements, such as a sufficient and sustainable income). If you live in Thailand, the IND will still ask you to demonstrate that you will be living in the Netherlands and that you will also have a job that meets the requirements. That can be quite difficult, and a home and work address in the Netherlands can prevent a lot of questions and hassle with the IND. But if you meet all the requirements and can also demonstrate this with hard evidence, and are willing to answer any further questions from the IND here for trend, then you could also do the procedure while you are still living in Thailand for a while. The question is why you want to make it so difficult for yourself if registering in the BRP in the Netherlands prevents all that potential hassle and possible rejection (if the IND cannot be convinced that you will live and work in the Netherlands).
As soon as the IND makes a positive decision about the TEV procedure, your girlfriend can apply for the MVV. This is still done directly through the embassy, which can be reached by e-mail or telephone. VFS Global is therefore not necessary as a link in the procedure. Formally, according to the Visa Code, even a short-stay visa can still be done entirely outside VFS Global (see Article 17, paragraph 5 of the Visa Code and the further explanation of this in Manuals for Embassy staff of the European Commission, which can be found on the website of EU Home Affairs). However, the embassy seems to have a different view on this since the beginning of this year - after staff changes and the website.
My advice:
Start with good preparation. Read the IND website, brochure and forms carefully. Also check the website of the embassy for up-to-date instructions on applying for the MVV. The “Immigration Thai partner” file in the menu on the left of this blog is also a useful tool for those who are drowning in information and papers. Well worth a read in my humble opinion. 😉 With good preparation, you then map out whether you can meet all the requirements. In addition, the income requirement will be the most important for you and for her the exam requirement and arranging certificates: certificate of unmarried, but if she is still busy also the birth certificate, even though it is not necessary for the TEV). Naturally, translations and legalization also take time.
Then you have to decide what is a pragmatic route for you. Your girlfriend can follow a course here or in the Netherlands, you can also help her learn the language. You put all the papers in order, your girlfriend takes the exam. Once that's all done, you can start the procedure. See for yourself what is the best way for you, usually the sponsor starting the procedure from the Netherlands and you await the procedure in the Netherlands and your girlfriend awaits the procedure in Thailand. If a different approach works out better for you, then you should definitely do that. If all goes well, the IND will agree to the application without too much hassle and will have no objection to the issuance of the MVV. Your girlfriend applies for the MVV through the embassy and then comes to the Netherlands. Depending on your approach, you travel together to the Netherlands or you wait for her here, and then you register her at your Dutch address and arrange all other matters such as health insurance and TB testing. Then the integration will start here in the Netherlands, hopefully she will feel at home and will pass the Civic Integration Exam for Immigrants (Inburgering Act, WI) within 3 years.
You will probably encounter some bumps, but if you go for it together, everything will be worth it. Enjoy every day together. I wish you much success and happiness.
Yours faithfully,
Rob V