NL res. visa for Non-EU non-married partner of EU citizen

[ninmurai]

Hello everyone, I'm new on this forum so do be gentle!

Background: I'm a dual UK/Taiwan citizen and have lived in UK all my life and will move to NL in March with a confirmed job offer (working as employee) starting in March 2013. I will be moving across just a few days before starting work and registering my residence upon arrival. I've been with my Taiwanese non-married partner for over 3 years who has only ever visited the UK under tourist visa even though she's stayed with me for months at a time.

Goal: Obtain "Residence Card for a family member of an EU citizen" (Type 1?)

I've got a few beginners questions I'd like to unravel before I get to the crux of the matter:
a) When do my 2004/38/EC rights begin? Is it upon getting the Dutch residence sticker in my passport, upon starting my employment or 3 months after arrival, regardless of my activities? (my understanding is upon registration of residence)
b) Dutch treat non-married and married partners the same under national law, but is this relevant under EEA immigration laws?
c) Since we do not have evidence of continual living for 2 years, how else can I prove a "durable relationship"? I have countless photos over the last 3 years of us two together, our phone bills and skype records to show we talk to each other everyday etc.
d) We are both at the stage where we are ready for marriage, but since it's not too far away from my move, will this be seen to be suspicious or "marriage of convenience"?

Specific problem:
1) Dutch national laws require an MVV (temporary residence permit) for non-EU family members wanting to reside in NL. http://www.dutchembassyuk.org/consular/index.php?i=60 This would require a civic integration test in Dutch. However, I'm uncertain as to whether obtaining this permit is specific to family of NL citizens or applies to all EU citizens
2) is the MVV the "Type 1 residence permit" that I'm looking for, or is the Type 1 a separate document which bypasses the MVV? The MVV costs €350 and "Residence permit for long term stay for EU citizens and their family members" http://english.ind.nl/Leges/leges-euonderdanen.aspx (is this the Type I?) costs €40 according to their respective websites, so this implies to me they are different things?

Any help is very much appreciated!

[Directive/2004/38/EC]

If you are married to your partner or have a registered civil partnership, then they can trivially come with you.

Getting married now, after being together for so long, should be no problem. If the NL government later suspects a marriage of convenience, then they are allowed (at that point) to ask for more evidence from you that it is a real and ongoing relationship, and it sounds like that would be easy for you to provide (I think it is foolish to provide the evidence in advance).

Your right of free movement starts as soon as you try to leave the UK. Same with your married partner.

Since your partner has a Taiwan passport, no visa is required.

After you have worked in the Netherlands, your partner has the right to reside in the UK on the same simple basis as you both moved to the Netherlands. http://eumovement.wordpress.com/2007/04 ... ional-law/

The Netherlands is a lovely place!

p.s. No MVV required for family members of EU citizens.

[ninmurai]

If you are married to your partner or have a registered civil partnership, then they can trivially come with you.

Getting married now, after being together for so long, should be no problem. If the NL government later suspects a marriage of convenience, then they are allowed (at that point) to ask for more evidence from you that it is a real and ongoing relationship, and it sounds like that would be easy for you to provide (I think it is foolish to provide the evidence in advance).

Your right of free movement starts as soon as you try to leave the UK. Same with your married partner.

Since your partner has a Taiwan passport, no visa is required.

After you have worked in the Netherlands, your partner has the right to reside in the UK on the same simple basis as you both moved to the Netherlands. http://eumovement.wordpress.com/2007/04 ... ional-law/
The Netherlands is a lovely place!

p.s. No MVV required for family members of EU citizens.

Thank you clarifying Directive/2004/38/EC! Very concise and well written, just like the rest of your blog - kudos!

[Directive/2004/38/EC]

I am glad you found the blog useful. (You can subscribe for the every-so-often email updates on the blog itself).

[ninmurai]

Sorry to restart this thread, but could I ask about point c) from my first post?

If we are not married, what proof is possible of a "durable relationship" where we don't have official documents of living together? Put together we have more than 6 months cohabitation and can prove it through photos, credit card bills, other financial statements (but not joint bank account)

Here's the form that the IND in the Netherlands require you to fill in:

https://www.google.co.uk/url?sa=t&rct=j ... 4169,d.dGY

Specifically Section 2, fourth page in the left column, it says what official documentation is acceptable and is required when filling in this form.

Thank you!

[Directive/2004/38/EC]

Have you been only together for 6 months? What contact did you have earlier? Do you have a house together? A baby? Have you travelled together?

https://english.ind.nl/Images/5005-m35e ... 326132.pdf is a direct link to the document

[ninmurai]

No, we have a combined 12-13 months or so living together, 6 months between Oct 2010-Apr 2011, and Nov 2011- Apr 2012 and July-Aug 2012. No children. Unfortunately because for each of those stays she came to UK under tourist visa, I couldn't register her residence hence we have no official documentation of her stay - only timestamped photos.

All contact otherwise is via skype or facebook messages, hence I have about 3.5 years of timestamped conversations.

We also have loads of travel together. I have the flight tickets, credit card receipts and photos for proof

[ninmurai]

Just to update that the verification with the IND for my partner was successful and we now have necessary documentation to prove that I am exercising my 2004/38/EC Treaty rights here in NL with my family member.

In the end we went for a "registered partnership" under Dutch law, so that we have our relationship "duly attested" under the EU laws. We formed this late June, and submitted our application to the IND in person on 5th July 2013. They placed a sticker in her passport on-the-spot which provided residence and working rights until they made a decision.

Fast forward to end of October and we received a letter to say our application had been approved, but they still need an extra few weeks to create the residence card. Why they bother with this step I don't know!

Finally picked up our card last week. Interestingly enough it doesn't mention on which date they started counting her residence. I'm just taking the day of registering our partnership to be safe.

Now to decide whether to move back to the UK or hang around here for a while...!

[Directive/2004/38/EC]

Did you partner have to get a visa to enter the Netherlands? Was that issued on the basis of the relationship to you (and EU citizen)?

[craig_in_china]

Just to update that the verification with the IND for my partner was successful and we now have necessary documentation to prove that I am exercising my 2004/38/EC Treaty rights here in NL with my family member.

Which visa did you enter the Netherlands on? You didn't need to touch this "mmv" thing, right?

[ninmurai]

Sorry the title of this thread is misleading as ultimately there was no 'visa' involved, only 'permits'.

As a Taiwanese, she entered visa-free as a tourist (up to 90 days permitted) and then we swapped that over when we submitted the verification against 2004/38/EC. No MVV required at all.

I don't understand why they say it's a voluntary procedure though because they make life incredibly difficult, if not impossible, without the residence permit. It's impossible to get local health insurance (a legally mandatory requirement) without a citizens service number, but that requires going to the IND and paying €45 or whatever it was to do the verification