VVR and moving to Netherlands
Posted in Netherlands forum 15 Jan 2012, 15:06
I am an Australian living in London who has been in a relationship with a Dutch National for 6 years.
We are planning to move to the Netherlands. I don't need a MVV, and instead can apply for residence under the VVR.
Can someone please advise me of the following?
1. Does my Dutch partner need to move back first?
2. Do they need to prove they can support me financially, either through a job, or money in the bank?
3. Do they need a job in Holland for a year first, before i move there?
4. Can I work before once granted the VVR Residence card?
5. Do i need to apply for the VVR from Australia, or can I do it from Great Britain where i currently live.
Thanks for the help!
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Moving to Holland from England
posted by change saye in Netherlands forum 17 Jan 2012, 06:53
If your Dutch partner is living with you in London, all you have to do is to got back to Holland together.
Rapport to the IND and show them prove that you and her have lived together for 6 months, you can prove that by showing a registration from the city hall in the town you lived together.
She needs to get a job or be a student or have enough money to support the two of you.
You put in for a EU toetsing.
Let your girlfriend go to this website
http://rechtopgezinshereniging.nl/forum/
and she will than be able to read all your questions and ask more, oke,
good luck.
Greetings from change -
Hopefully this will help :)
posted by sarah Price in Netherlands forum 17 Jan 2012, 12:00
Hiya,
I am currently in the same position! I am an aussie and I am currently in a r/ship with my Dutch partner. You have a couple of options. Depending on your age you could apply for a working holiday visa. This is a one year visa that allows you in the country to stay and you do not need to declare you partnership and believe me it is a lot cheaper. I am currently on this visa and I had no problems in finding a job, you would be able to apply for this visa from the UK.
We are currently in the process of changing this visa to an unmarried partnership one, which I am assuming is the one you want. It is quite a lot of paperwork and VERY expensive (over 1200 euros) I don't know if your situation is the same as ours but usually your partner needs to have a job that is ongoing or for more than a year. If this is not the case then they need to provide pay slips of how much they have earnt over the past 3 years. An important aspect to remember is that your partner will have to earn over a certain amount as if you do not have a job then they will be supporting you.
You will also have to get a single status certificate from Australia. It can be done online but it does take a very long time and remember everything official has to be apostille stamped in Australia (once again can be done by sending everything back but be wary of a delay)
Once you get to the netherlands apply for your BSN number straight away and register at the city hall to say where you are living, you need your BSN number to open a bank account, apply for a job so it is quite important.
As soon as you have applied you will be allowed to start working they can take a while to get back to you with the outcome but it is worth it!! Hopefully I have helped you a bit, let me know if you have any other questions.
We will be applying for our visa as soon as my certificate gets back to us which will be in the next couple of days so super nervous but excited about staying in the country for longer as it really uis a great place to live
Sarah :) -
Community workers
posted by change saye in Netherlands forum 17 Jan 2012, 12:17
While you arrange for all that, don't forget to read and go to this website, I showed you now and the other one in my first answer? And if you have any questions, don't hesitate to ask them here: www.lawassisthoofddorp.nl
It is free service. You dont have to pay for advice.
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VVR advice
posted by rainbow dragon in Netherlands forum 17 Jan 2012, 20:04
Thanks for the advice thus far. We will be opting for the unmarried partner visa, just again not sure what my partner needs to prove given we both will be moving back together.
Our relationship is recognised and approved here in the UK as an unmarried partner, and I hope the evidence we have provided for this can be used for the Netherlands as well.
But all a bit daunting as we both need to look for work when we move back, so its a matter of working out what we need to do, and who needs to do it first...
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A bit late!
posted by change saye in Netherlands forum 31 Jan 2012, 11:57
I just now see that you posted a replay question! Don,t know why I did not get it in my box? However, so long you can show the prove that the relationship is recognised and approved there in the UK as an unmarried partner, you should have no problem proving that you and your partner, she is Dutch right, have lived together for more than 6 months. Were you also registered in the city hall, that peace of evidence is very important for the IND. Any more questions? Ask them?
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Sorry for the late reply
posted by sarah Price in Netherlands forum 31 Jan 2012, 13:27
Sorry for not replying sooner, very crazy here at the moment!!
I really think you need to call the IND I would also get your Dutch partner to do this as I find that they give Dutch speaking people more accurate information.
Also be careful about just relying on the unmarried partnership for the UK. The Dutch are very beurocratic which means it has to be perfect otherwise they will not approve.
Don't want to sound all gloom and doom! I'm sure you will be fine but it is better to have too much information in this country than not enough
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Info required?
posted by change saye in Netherlands forum 31 Jan 2012, 13:40
Dear sarah Price, I appreciate your advice, but I am a legal servant here in the Netherlands,and are specialized in European immigration matters. These people should not call the IND so quickly! It is important to have their file completed with due-ball information, especially since they are NOT married. Calling the IND is informing them too soon, and ma- by, by doing so, they ask for future problems, (when there case will be decided at least), firstly their file has to be updated with the necessarily info, before they make an EU application to the IND for a related EU status, just to avoid a rejection. They are free to follow your advice, I am not advising here for a fee, I do it for free too, but I am schooled for it and I want them to be on the safe side?
Greetings.
Change -
application for verification against EU Community Law - proof of lawful residence
posted by rainbow dragon in Netherlands forum 31 Jan 2012, 20:33
Hi Change,
Perhaps you can clarify for me. I have been in contact with someone in the Netherlands and they have advised us to not apply for the VVR, but instead, use the form titled, application for verification against EU community law (proof of lawful residence) instead and not use the residency form for no MVV.
Do you have any thoughts on this? We have plenty of evidence from the UK to prove our unmarried partner visa which dates back to 2005, and waiting for the EEA2 unmarried partner visa to be approved here.
We then hope to apply for residency in the Netherlands. I have been infomed we need to both register at the local town hall first, then submit the application for verification against EU Community Law (proof of lawful residence). Thoughts on this advice? -
By the way..
posted by rainbow dragon in Netherlands forum 31 Jan 2012, 20:37
By the way, Change, I went to the website you recommended, and I contacted the person on the link. He has advised us to apply for the verification against EU Community Law
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application or registration first? what comes first, chicken or the egg?
posted by rainbow dragon in Netherlands forum 31 Jan 2012, 20:54
hi Change,
The information we have been given and our understanding is as follows, I would be grateful if you could advise:
1. We have been told to register first with the local town hall where we want to live
2. Do we then need to get health insurance? Or do we do health insurance firs, then register?
3. Then we need to submit the application for verification against EU Community Law (proof of lawful residence) as unmarried partners
4. We need to provide a copy of the proof of lawful residence of your sponsor
5. I have been told I can then work while the application is being processed. Is this correct? As I will am trying to look for a job before i arrive (teaching or fitness work)Thanks for your help, we are trying to make sure we do the steps in the correct sequence as it feels very risky to make the application once we arrive, and not before. The above is the advice I have been given from the website you gave us.
Thanks...
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Post was deleted by change saye.
posted by change saye in Netherlands forum 31 Jan 2012, 23:11
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Advice from colleague
posted by rainbow dragon in Netherlands forum 01 Feb 2012, 12:25
thanks Change, I shall wait for an answer from you...
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Post was deleted by change saye.
posted by change saye in Netherlands forum 01 Feb 2012, 16:22
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REPLY
posted by rainbow dragon in Netherlands forum 01 Feb 2012, 17:59
I hold an Australian passport, my partner is a Dutch national. We have both lived in the UK for 6 years and we should acquire an unmarried partner visa for the UK, EEA2 visa.
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Info upon request.
posted by change saye in Netherlands forum 01 Feb 2012, 19:27
1. We have been told to register first with the local town hall where we want to live.
Correct.2. Do we then need to get health insurance? Or do we do health insurance firs, then register?
Get a insurance, one,s you receive the sticker.3. Then we need to submit the application for verification against EU Community Law (proof of lawful residence) as unmarried partners.
Yep. Prove that you have lived together for 6 months. Outside Europe or in Europe, but it needs to be documented, by the city hall or as a living contract, covenant.4. We need to provide a copy of the proof of lawful residence of your sponsor
Your partner. In EU law we do not speak of a sponsor
.
5. I have been told I can then work while the application is being processed. Is this correct?
Yes, they, the IND, can take 6 months to decide, can be given sooner as well.
As I will am trying to look for a job before i arrive (teaching or fitness work)
No problem, you can do so.Thanks for your help, we are trying to make sure we do the steps in the correct sequence as it feels very risky to make the application once we arrive, and not before. The above is the advice I have been given from the website you gave us.
The application can not be made before, has to be made upon arrival, or within 3 months of arrival, you can choose yourself. I will prove this by sending you the rules in English. Later on, oke?
More questions, let me know?
Greetings, Change. -
2 Questions?
posted by change saye in Netherlands forum 01 Feb 2012, 19:31
You wrote: I hold an Australian passport, my partner is a Dutch national. We have both lived in the UK for 6 years and we should acquire an unmarried partner visa for the UK, EEA2 visa.
1
Why acquire a UK visa, you are going to the Netherlands? Besides, a Australian needs no visa, for the Netherlands.2
Did your partner register with the Home Office, and got a 5 years card from the UK?And you can both travel to the Netherlands together, no problem, for you are Australian, and she should have her 5 years card from the UK? But for custom procedures, you are allowed to come in without a visa. And allowed stay for 3 months. Than when in Holland, do as we advised and all will be fine. Good luck.
And there is no income required one, s you say, that you are looking for a job, they have to give you 3 months and it can be extended to an other 3 months, no job than, you will be asked to leave. Than both incomes count, and you need to have about 1200, if you live together.
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work and 5 year card
posted by rainbow dragon in Netherlands forum 01 Feb 2012, 21:27
No, my partner does not have a 5 year card from the U.K. I guess as an EU citizen we assumed the card is not needed. I will attain the 5 year card from the U.K. as I am non EU.
One more question, while the application is being processed, most work places will request proof of residency ot a work visa in order to work. How do i go about providing this while my application is being processed?Thanks again for all your help so far...
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Answer.
posted by change saye in Netherlands forum 01 Feb 2012, 21:46
When your Dutch friend went to the UK did she not report to the Home office? What did she do than? She will have to prove that she had a right to stay there, to the IND here. If she not have that 5 years card it will be harder to prove, that she had a legal right to live in England. She has that right not to ask or get the 5 years card by Union law, but for the IND it is of importance to get her rights Establisht here too, without a legal hassle.
And upon her, getting that card from the Home Office, you had to be given the 5 years card too. How did you stay there all that long, without reporting to the Home office than?And when you do a EU toetsing here, like Ton, from law assist, has explained to you, the sticker that you get should state, that you are living here, as a family member of a Union citizen with community rights. On the sticker it must state that you are allowed to work. That sticker is sufficient for any employer that you are allowed to work here. And as said, to get insured too.
http://www.ukba.homeoffice.gov.uk/eucitizens/rightsandrespon
sibilites/Read this and please try to answer my questions?
Visas and immigration
European nationals
Rights and responsibilities
Residence documents for European nationals
Please Note!!!!EEA family permits= (what we call the 5 years card).
Residence documents for non-EEA family members of EEA nationals
Worker Registration SchemeEntering the UK
Your family
Family members who are not EEA or Swiss nationals
Employment
Registration certificates, residence cards and family member residence stamps
Permanent residence
Posted workers
Public funds
School children travelling in organised school groups
This page explains your rights to enter, live in and work in the UK if you are a national of a country in the European Economic Area (EEA) or Switzerland. It also explains your family members' rights.As an EEA or Swiss national, you have the right to live and work in the UK (known as the 'right of residence') if:
you are working here (and have obtained our permission to work if this is required - see below); or
you can support yourself and your family in the UK without becoming an unreasonable burden on public funds.
Entering the UK
When you enter the UK, you must show your passport or national identity card. You should use the separate channel marked 'EEA/EU', where it is available. Immigration officers will check your passport or national identity card to ensure that it is valid and belongs to you.Your family
If you have a right to live the in the UK, your family may join you here. Your family is defined as:your spouse (husband or wife) or civil partner;
any children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent on you; and
the parents or grandparents of you, your spouse or your civil partner.
If you are a student, only your spouse or civil partner and dependent children have a right of residence.Other relatives (including extended family members such as brothers, sisters and cousins) do not have an automatic right to live in the UK. To be considered, they must be able to show that they are dependent on you.
If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other.
Family members who are not EEA or Swiss nationals
If your family members are not EEA or Swiss nationals, they may need to apply for an EEA family permit before they can come to the UK. This permit is similar to a visa.For more information, see the EEA family permits page.
Employment
If you are a national of any other EEA country or Switzerland, you will not need to apply for our permission in order to work here.
You and your family members can:
accept offers of work
work as an employee and/or in self-employment
set up a business
manage a company
set up a local branch of a company
You can also do all these types of work if you are studying in the UK.Your employer should not discriminate against you because of your nationality in terms of conditions of employment, pay or working conditions.
Registration certificates, residence cards and family member residence stamps
A registration certificate is a document, issued to an EEA national, that confirms the holder's right of residence under European law. You do not need a registration certificate to be able to enter, live in or work in the UK.Residence cards are issued to EEA nationals' family members who are not EEA nationals themselves. The card is in fact a sticker (also called a 'vignette'), placed in your passport, which confirms your right of residence in the UK under European law. It is normally valid for 5 years, and you should produce it as evidence of your status when asked to do so. (In some circumstances, we may issue you with an immigration status document instead of an vignette in your passport. You should produce this document and your passport as evidence of your status when asked to do so.)
To find out how to apply for a registration certificate, see the Residence documents for European citizens section.
To find out how to apply for a residence card or family member residence stamp, see the Residence documents for family members section.
Permanent residence
When you have lived in the UK for a continuous period of 5 years, you can apply for confirmation of permanent residence. For more information, see the Residence documents for European citizens or Residence documents for family members section.You should contact your nearest visa application centre for details of how to apply.
Public funds
You do not need to work while you are living in the UK. But if you do not work, you must be able to support yourself and your family in the UK without becoming an unreasonable burden on public funds..
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This is what you will get in Holland too, and with that sticker you will be allowed to work.
posted by change saye in Netherlands forum 01 Feb 2012, 22:00
Residence cards are issued to EEA nationals' family members who are not EEA nationals themselves. The card is in fact a sticker (also called a 'vignette'), placed in your passport, which confirms your right of residence in the UK under European law. It is normally valid for 5 years, and you should produce it as evidence of your status when asked to do so. (In some circumstances, we may issue you with an immigration status document instead of an vignette in your passport. You should produce this document and your passport as evidence of your status when asked to do so.)