Visa Confusion
Posted in Netherlands forum 30 Jan 2012, 12:58
i am planning to move to the Netherlands with my Dutch National. I am Australian and we have both lived together as a couple in the U.K.
I have been told I need to use a form titled application for verification against EU community law which gives me 5 years residence, and not apply for the residence permit without MVV.
Anyone used this form? Advice, pro's, con's?
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Advice, pro's, con's?
posted by change saye in Netherlands forum 07 Feb 2012, 12:33
We did give advice, if you are still confused, maby you can ask the IND? That way you can be sure, you ask for trouble, they are not at all to be compared with the qualified staff at the Home offices. They don't know the European law so well and make lot of mistakes. anybody any more suggestions, to convince, rainbow dragon?
You could of course also call a immigration lawyer, will cost you 50 euro or more, if you believe that we don't know what is the right thing to do, for you and your Dutch partner. They will surely tell you the same, end worn you about not having your home office residence card in your possession, when applying at the IND, in the Netherlands. You will apply for a (EU toetsing), so it is called here in the NL.
Good luck, I really wish you and your partner all the best. -
Advice, pro's, con's?
posted by change saye in Netherlands forum 07 Feb 2012, 12:34
We did give advice, if you are still confused, maby you can ask the IND? That way you can be sure, you ask for trouble, they are not at all to be compared with the qualified staff at the Home offices. They don't know the European law so well and make lot of mistakes. anybody any more suggestions, to convince, rainbow dragon?
You could of course also call a immigration lawyer, will cost you 50 euro or more, if you believe that we don't know what is the right thing to do, for you and your Dutch partner. They will surely tell you the same, and warn you about not having your home office residence card in your possession, when applying at the IND, in the Netherlands. You will apply for a (EU toetsing), so it is called here in the NL.
Good luck, I really wish you and your partner all the best. -
Hope this is useful info :)
posted by Carola Snijders-Sah in Netherlands forum 08 Feb 2012, 18:20
Hi there!
My name is Carola and I live in Edinburgh at the moment with my husband. I'm from the Netherlands but my husband isn't. We are planning to move to the Netherlands as well. It's a lot of hassle with all kinds of visa's. My situation is a little bit different as i'm married but I have a friend who just moved back to the netherlands with her boyfriend (not Dutch) and they use to live here. He needed an mvv to enter The Netherlands and than they went to the council (gemeente) to register them selfs. He could as he didn't had a visa, he got a form and with that he had to go to the IND. They had a lot of prove that they lived in the UK for a longer period of time. ( like bills and rent contract) and within 2 months he had a Dutch ID card (he didn't had to do a language exam) BUT every case is different!!! This is the link to the IND website in English, have a look http://english.ind.nl/ and this is a good website as well: http://www.dutchembassyuk.org/consular/index.php?i=60
You can also send an email with all you questions to the IND, I had a huge letter back with all information what was applicable for me and my husband within a week.I hope this is useful information for you. Good luck with everything!
Kind regards,
Carola -
More info.
posted by change saye in Netherlands forum 08 Feb 2012, 22:32
People who have lived in a other memberstate than the Netherlands, and are themselfs Dutch, with a foreigh partner do not need a MVV, but the IND dont like to inform people on their Union rights, as a community worker! Scotland is also a member of the Union and therefore a member state. http://europa.eu/about-eu/countries/member-countries/unitedk
ingdom/index_en.htmThere should be no hassle with visa application.
You only need to get a C visa, a so called entrance visa for Familie members of Union citizen. If you don't have such a visa, and cant get one, try to get to the Dutch border and as than ask the custom police, for a 15 day,s visa, when you are married, you can than enter. They can not refuse. You can even come in with a invalid passport, for your foreign partner. The visa can not expire, for you are lawfully in the European continent. Upon arrival, report to the IND and ask for a EU toetsing, but I explained that before. You have 3 months time, to ask for the toetsing, but can do it sooner too. At the border you can come in with the help of the Brax Arrest:For those whom do not hold valid passports. http://curia.europa.eu/nl/actu/communiques/cp02/aff/cp0268nl
.htmRead this too: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2
004:158:0077:0123:EN:PDFDIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 29 April 2004
on the right of citizens of the Union and their family members
to move and reside freely within the territory of the Member States.Article 5
Right of entry
1. Without prejudice to the provisions on travel documents applicable to national border controls,
Member States shall grant Union citizens leave to enter their territory with a valid identity card or
passport and shall grant family members who are not nationals of a Member State leave to enter
their territory with a valid passport.
No entry visa or equivalent formality may be imposed on Union citizens.
2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas
shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.I am sorry that the links don't show, just copy and paste, for yourself, very useful info, for people like you.