Netherlands residence permit - Application flow error?

[turing]

Hello, here is my situation and I am looking for a bit of advice on the following:

I have the Netherlands residence since March 2016 as a family member of a Dutch national.
- I am still happily married.
- There has been no reason to revoke my previous residence permit.
- I have passed the integration exam.

I'm applying for a Non-temporary humanitarian residence permit (Verblijfsvergunning humanitair niet-tijdelijk) in order to have my own residence permit with no connection to my Dutch family memeber.

I am completing the application and selecting the options which are relevant to me:



and on the following page, the form asks me to upload my divorce document which does not make any sense - as I am still married to my partner:



Does this mean there is an error in the process flow? How this can be flagged and corrected?
What should I do in this situation - any advice?

p.s. I have tried to call IND Kantoor number +31880430430 (from https://ind.nl/nl/service-contact/conta ... met-de-ind) - but the number is busy constantly.

[Angel99]

Hi,

Since you are still happily married to a Dutch citizen, you are not eligible for this type of residence permit. The best option for you is to apply for Dutch citizenship (You were eligible to apply for citizenship from 2019).

You can also opt to apply for permanent residence permit if you do not want to loose your current citizenship.

As a holder of a permanent residence permit you have your own rights.

Even if there is any separation from your spouse, you can still apply for permanent residence permit or citizenship since you have legally lived in the Netherlands for more than 5 years.

Hope this helps.

[Angel99]

Your residence permit is non temporary since
it was issued as a spouse of a Dutch citizen. So you are eligible for permanent residence permit. Read below;




If you have a residence permit for a non-temporary purpose, you can apply for a permanent residence permit. But, you must meet the requirements of that residence permit.

These purposes of residence purposes are non-temporary:

Residence as an adoptive or foster child. This residence purpose is non-temporary if the family member with whom the child is living has one of these nationalities or residence permits.
The family member is a Dutch national.
The family member is an EU/EEA national or a Swiss citizen.
The family member has a regular permanent residence permit or a permanent asylum residence permit.
The family member has a regular temporary residence permit for a non-temporary purpose.

[turing]

Thank you for your response, Angel99!

But I was under the impression that this change of residence permit is absolutely possible, as it is stated on the requirements page here:


And it is possible to change your residence permit to an independent one since you've lived with your spouse for 5 years on the same residence permit.

Also, from the offline application form (7527-2023/1) it is stating:

[Angel99]

This is not applicable to you because you fall under non temporary purpose and lived in Netherlands for 5 years. If you were married or dependant on a non eu spouse then you can apply for what you mentioned.

As a spouse of a Dutch citizen/EU you do not need to have an independent permit. You just have to apply for permanent residence permit if you do not want to be naturalised. The permanent residence permit is the independent permit for you.

*Divovrce Dutch/EU spouse.
If you have been a family member and lived in Netherlands for 5 years, you will be eligible for the straight forward process for permanent residence.

If you have been a family member and lived in Netherlands for less than 5 years, you can apply for the residence permit humanitarian non-temporary.

[turing]

Thanks Angel99!

Can you please point me to the source information regarding the requirements for a residence permit prior to changing to an independent one?

As all I can find is the information from the form 7527:



which says nothing about non-temporary residence permit requirements

[Angel99]

Hi,
Read below what is under the Dutch family you underlined. There is;

*You will find information about temporary and non-temporary purposes of stay at www.ind.nl (please use the search term ‘Temporary and non-temporary purposes of stay’).


You can go to this site to find out what residence permits remarks are regarded as non temporary purpose.

https://ind.nl/en/temporary-and-non-tem ... -residence



With non temporary residence purpose you do not need to apply for humanitarian reasons. For example an EU citizen spouse can apply for permanent residence after 5 years of residence card. Same goes for a Dutch spouse.