US citizen wanting to join Dutch partner in the NL

[truffelmayo]

I will enter the NL from the US with my French citizen husband who is currently working in the NL. What do I need to enter besides the MVV (authorisation for temporary stay from the Dutch consulate)? How much time should I set aside for application processing in the US (we will be in NY where there is a Dutch consulate)? Will not having a job negatively impact my application?

[gokulatti]

are you planning to apply to stay in the NL with your french spouse who is working in NL? in that case you are exempted from MVV. you can apply directly for the residence permit in the NL or even in the US. Being an US citizen also exempts you from MVV. one of the exemptions from MVV means you don't have to pass or learn dutch among its other requirements. The applications usually takes on average 2-3 months although the maximum time allowed is 6 months.

[mgb]

The french citizen is exercising treaty rights in NL.
The whole thing come under eu directive 2004/38.
A US citizen has visa exempt entry anyway.

[truffelmayo]

I am currently in the NL with him already as a general visitor with an automatic 3 mo Schengen visa and wish to marry in NY as it's simpler. Will I be able to re-enter NL/ EU so soon as his spouse?

[mgb]

If you need a visa you can apply for a visa for the family member of a eu citizen.
If your current visa is still valid and is multi entry use this one.
If you entered visa exempt let a few days leftover from the 90 days max and enter with your passport.
For the stay in the netherlands look here:
https://ind.nl/en/other/eu-eea/Pages/EU ... tizen.aspx

[truffelmayo]

So there is no problem when I re-enter the NL (as spouse) after the the 3 mo allowed by my Schengen visa that I already spent there?

[mgb]

https://ind.nl/en/other/eu-eea/Pages/Fa ... ality.aspx

Click on 1. Entry in the Netherlands
at the second half of the page.

If you are a US citizen look at Permit-exempt term.

[gokulatti]

After your marriage in the US, you become a family member of a qualified french citizen in NL, your rights are derived from this french citizen and not by being a us citizen. By being a us citizen you get 3 month visa free in any 180 days which i believe you have already used or going to. whereas, the rights you will get after your marriage is not constrained to this as long as your family member lives/works in NL, however you have to put your application in the first months after you come to NL following the marriage. the 3 month that you already used doesn't concern this because when you travel back to NL after marriage you come as a family member of eu national and not as a visitor by being a US citizen. By being married, the right to stay is already there for you and the NL doesn't grant you right to stay but rather they verify your right to stay, the right to stay essentially comes from your fiancee. I wish you all the best for your marriage

[truffelmayo]

After your marriage in the US, you become a family member of a qualified french citizen in NL, your rights are derived from this french citizen and not by being a us citizen. By being a us citizen you get 3 month visa free in any 180 days which i believe you have already used or going to. whereas, the rights you will get after your marriage is not constrained to this as long as your family member lives/works in NL, however you have to put your application in the first months after you come to NL following the marriage. the 3 month that you already used doesn't concern this because when you travel back to NL after marriage you come as a family member of eu national and not as a visitor by being a US citizen. By being married, the right to stay is already there for you and the NL doesn't grant you right to stay but rather they verify your right to stay, the right to stay essentially comes from your fiancee. I wish you all the best for your marriage

Thank you very much!

[truffelmayo]

Sorry- another question. Do I need to enter the NL/ EU with my spouse or will I not have any problems if he returns before me and I follow him later? I just want to sort out some personal stuff in the US and don't want him to take to much time away from work.

[gokulatti]

You can come later at a stage but only as a spouse "joining the EU national" AFTER the marriage since you have already used up the visa free entrance as an american. For this you need the legalised/apostiled marriage certificate, passport and proof that you are joining your husband in NL who is in NL. In order to do that, In NL, get a copy of his BRP registration and probably his pay slips would help not to get delayed.

[truffelmayo]

Wow. So if I re-enter the NL with him from the US I don't need to show anything except my passport and marriage certificate?

And how long before I am able to leave and re-enter the NL/ EU solo without having to show further documentation?

[gokulatti]

Wow. So if I re-enter the NL with him from the US I don't need to show anything except my passport and marriage certificate? Yes, a legalized marriage certificate.

And how long before I am able to leave and re-enter the NL/ EU solo without having to show further documentation?

After your first time coming to NL following your marriage put in your residence application "Verification Against EU law" at IND, you both need to go there with a prior appointment. And after that your residence card as " family member of a EU national" should be done on average 3 months although the maximum time allowed is 6 months. Once this is in your possession you can travel in out as you want without any further questions. If you do plan on travelling before this card is issued then as I said you can travel in/out as a family member "joining EU national" so the proof that EU national is here in NL as I mentioned.

[truffelmayo]

Wow. So if I re-enter the NL with him from the US I don't need to show anything except my passport and marriage certificate? Yes, a legalized marriage certificate.

And how long before I am able to leave and re-enter the NL/ EU solo without having to show further documentation?

After your first time coming to NL following your marriage put in your residence application "Verification Against EU law" at IND, you both need to go there with a prior appointment. And after that your residence card as " family member of a EU national" should be done on average 3 months although the maximum time allowed is 6 months. Once this is in your possession you can travel in out as you want without any further questions. If you do plan on travelling before this card is issued then as I said you can travel in/out as a family member "joining EU national" so the proof that EU national is here in NL as I mentioned.

Great, thank you very much, @gokulatti!

[truffelmayo]

Marriage seems the easiest and fastest way to join him in the NL but would entering the country (with or without him) as his partner be that much more complicated? We have not registered in the NL- would we need to present proof that we've had a long, binding relationship (we don't)? I'm currently in the US after having used up my Schengen visa. We prefer not to wait another 90 days to see each other.

[gokulatti]

I remember answering your questions in a previous thread. Anyway, from what you ask I believe you are asking what happens if you are not married yet but come as an unmarried partner to NL. As an unmarried partner you fall under "Other beneficiaries" in 2004/38 which means the host member state (NL) are only obliged to facilitate entry and residence to you in accordance to its NATIONAL LAW (Dutch Law). Therefore according to dutch law you can be considered as an unmarried partner if a. you have lived together and have had a joint household for at least 6 months (could be in NL or anywhere else, need solid proof) b. If you have a child together. If none of this applies to you, you will not be considered as a family member of an EU citizen and 2004/38 does not apply to you anymore.

You have two options 1. wait until the dates reset on schengen visa i.e 90 in 180 days, then come to NL---> register yourself at the city hall in the same address as bf, apply as an unmarried partner (have some proof that the relationship is genuine and not of convenience i.e travels, pics, correspondence etc.) of EU citizen on or JUST before the 3 month period (application will be refused!) ---> appeal the decision (takes around 3 months)-----> 6 month living together in NL will be completed----> residence should be granted. In some worst case scenario the appeal might be decided just before the 6 month and if refused you have put in a new second application, this should be granted. 2. Marriage as discussed previously!

Good luck

[truffelmayo]

You have two options 1. wait until the dates reset on schengen visa i.e 90 in 180 days, then come to NL---> register yourself at the city hall in the same address as bf, apply as an unmarried partner (have some proof that the relationship is genuine and not of convenience i.e travels, pics, correspondence etc.) of EU citizen on or JUST before the 3 month period (application will be refused!) ---> appeal the decision (takes around 3 months)-----> 6 month living together in NL will be completed----> residence should be granted. In some worst case scenario the appeal might be decided just before the 6 month and if refused you have put in a new second application, this should be granted.

Good luck

Wow, that's amazing! Thank you.

[gokulatti]

you are welcome!

[truffelmayo]

"(have some proof that the relationship is genuine and not of convenience i.e travels, pics, correspondence etc.)"

The 90 day Schengen clock will reset soon. Is online correspondence (we're in two different countries now) acceptable? Is there a minimum salary requirement that he or we will have to meet?

[gokulatti]

Would suggest you take with you whatever you can find tbh. It is just to show that the other person is already known to you and that you have a history, this has nothing to do the success/refusal of an application as an unmarried partner under dutch law. When you do have all this proof it is more likely they would accept your application in the first place which is very vital. Hope I was helpful. Good luck