getting married in Holland whilst IND in progress

[spud]

From a previous post my live in partner who is an Moldovian citizen but an Schengen overstayer here in the Holland (I'm British) will soon be looking to apply to the IND for a residancy permit under the EU family directive.

I believe looking at other postings this process can take a long time, my question is whilst this is being process will the Dutch authorities allow me to marry my partner?

thanks

[gani999]

From a previous post my live in partner who is an Moldovian citizen but an Schengen overstayer here in the Holland (I'm British) will soon be looking to apply to the IND for a residancy permit under the EU family directive.

I believe looking at other postings this process can take a long time, my question is whilst this is being process will the Dutch authorities allow me to marry my partner?

thanks

Your partner (Moldovian, non-EU) is an overstayer and she is now marrying you (British, EU citizen). This will lead to a fair bit of suspicion. They may think your partner is marrying you solely to use the family directive to stay on in Holland - a marriage of convenience , in other words.

Wht is the present status of your partner? Has she informed the Dutch Authorities about her overstaying?

[spud]

No we haven't yet gone to the Dutch Authorities. My partner status is that she is single and been and overstayer for 3+ years and all that time she has been living with me.

[gani999]

No we haven't yet gone to the Dutch Authorities. My partner status is that she is single and been and overstayer for 3+ years and all that time she has been living with me.

Overstayed for 3+ years, hmmm.

To be frank, the Dutch authorities are going to be very suspicious about this. You could face problems when you register your marriage with the authorities. The Dutch are very suspicious about EVERY marriage that is registered and check out both partners, even if they are both Dutch nationals.

You say you have been living together for three years. Can you provide any proof for that ? Do you have a 'samenleven' contract with your partner?


Alternatively she could return to Moldova for a short time and you could marry her there and try to bring her on a spouse visa, citing the Directive. It is usually much better if the overstayer returns to his/her country and follows the procedure from there.

Good Luck with everything.

[spud]

We do not have a contract just I suppose circumstantial evidance, mail corespondance, wittneses where we live etc.

For now Forget the question around marrige.

From prevoius postings I understood that we would stand a good chance under the family directive as she is living with me and I meet other critiria around job and salary, own home in Holland that she could apply for a permit to stay with me in Holland regardless of the fact she is an overstayer. Would you say such advise is incorrect?

Regards

Mark