Visa facilitation for Netherlands

[Nverde5]

Hi all!

My unregistered partner, from Asia, applied for a visa facilitation for Netherlands. We are living together in Asia and now I am quitting my job I expected he was able to join me. I have got an email from the Embassy, which makes me understand they truly believe we are in a durable and long relationship, as they called him my "spouse", but they say they need proof I live and work in Netherlands. I am a bit surprised because the Directive doesn't mention that need, I have enough funds to stay in Netherlands for long and I believe I could stay there also short-term, while looking for a job, and that should be enough for my free right of movement. I also thought if I am out of Europe I had the right of free movement already. Am I wrong? What type of proof should I provide then? An Airbnb of short term house while looking for a job would be enough or? For now I have sent them my bank statement but they have given me 2 days to mend this and I'm a bit lost what documents I can provide.

[Nverde5]

Just in case it helps, when they asked for those proofs, I specified I live in Asia and asked if it's not possible to apply before moving to Netherlands so we can travel together. They said: No, you need to prove accomodations/contract in Netherlands and how you can support your life in Netherlands. If you live in Asia, you cannot use these rules"

I assume our visa will be rejected and I don't know how to avoid that. Please help

[Angel99]

Hi,

First they are wrong calling your partner your spouse. Spouse and partners are not in the same category and have different requirements.

You can travel with your spouse the same time from outside europe using freemovement directive without already having employment in Nederlands.
The necessary requirements would have been *marriage cert* and *flight ticket*.

However in your case it's your partner so they can request for further documents. Fortunately they have accepted your relationship as durable.


Yes you can move and look for job there and still sponsor your partner to travel or join you there or move together to another EU country with same visa. Normally for spouses that's the usual way.

[Nverde5]

Actually since Netherlands recognizes durable partners and we submitted proof of our cohabitation and more proofs in a PDF, I don't think it's that. It seemed they wanted proof of me being a resident there. In the end we got happy news today and the visa got approved!! Thanks a lot for your help!

[Angel99]

Actually since Netherlands recognizes durable partners and we submitted proof of our cohabitation and more proofs in a PDF, I don't think it's that. It seemed they wanted proof of me being a resident there. In the end we got happy news today and the visa got approved!! Thanks a lot for your help!

That's great news.

But the EU citizen doesn't need proof of residence in the EU country for his immediate family members (Spouses, minor child) to be granted facilitation visa. Partnership is different.


***Instead married couples and partners will need proof of residence and proof of income after they arrive in Netherlands to be granted the residence card.


Don't forget on your arrival in Netherlands you can only register as single with the Gemeente until your partner is registered with the IND.

All the best!

[Nverde5]

A last question: do you think it'd be a problem if after arriving in Netherlands and we go to my country and do a short trip to register our partnership there, as it would be much easier for me and us to do that?

I am a bit confused because the Directive also mentions visa facilitation for short-stays of 3 months so I imagine it'd be possible?

[Angel99]

A last question: do you think it'd be a problem if after arriving in Netherlands and we go to my country and do a short trip to register our partnership there, as it would be much easier for me and us to do that?

I am a bit confused because the Directive also mentions visa facilitation for short-stays of 3 months so I imagine it'd be possible?

Hi,

You can choose to move to another EU country and live there with that visa instead of Nederlands.

**So the answer is yes you can do short trips within Schengen area whenever you wish.
**The visa is unlimited after arrival in schengen area so the 90/180 does not apply however your partner can only stay in each EU country for 90 days without residence registration.

[Angel99]

Furthermore, you can visit your country of origin for 3 months but if you plan to live there your partner will be under domestic immigration law.

[Nverde5]

So if I understand it correctly if I am not in my country I can stay for 90 days and if we want to stay longer we would need to do residence registration like the BSN thing equivalent to Netherlands?

[Nverde5]

But as we are unmarried and unregistered partners, can we would only be allowed to get a residence permit for him from a country where they recognize us as a family, right?

[Angel99]

So if I understand it correctly if I am not in my country I can stay for 90 days and if we want to stay longer we would need to do residence registration like the BSN thing equivalent to Netherlands?

If you are in the schengen area with your partner each of you can stay 90days in every schengen country without residence registration.

Yes after registration normally you are given an I.D number like BSN.

[Angel99]

But as we are unmarried and unregistered partners, can we would only be allowed to get a residence permit for him from a country where they recognize us as a family, right?

Exactly. But not all EU countries are fond of partnership. Registered partnership makes the relationship more genuine.

[Nverde5]

Yes, but even a registered partnership isn't easy to do. I talked to one of the workers where registered partnerships are done in my city. She was very nice and helpful, explaining since so many people abuse the system and try to register just to get papers it's likely if we try to register we are denied as his registration in the municipality is recent. It's amazing to me given my history, as I've been abroad for 5 years, it's normal I can meet someone there and want him to come with me. She understood and said we could still try, but considering what she said I think or we get married or we stay in Netherlands for long to get a residence permit for him. I don't think other option is possible.

[Angel99]

If you plan to live in your country of origin your partner will be under domestic laws. You should have registered your partnership abroad then re-register in your country yourself. You don't need any residence registration.

It will be best you move to Nederlands for now, stay there for atleast 6 months, get your partner a residence card then after you register your partnership or civil union, you can choose to move back to your country. With this the EU freemovement law will still be applied there.

[Nverde5]

Yes, that's the plan for now. To get his residence card and then move somewhere else, not necessarily my country.

I still have more doubts sorry for asking so much.

I assume he has a right to stay 90 days in any country together with me, even if his visa says "85 days", right? As I'm entitled to 90 days. Not sure why they wrote 85 days.

And then let's say I register and get my BSN on October 5, then that will mean I'll get the registration certificate about January 5 and he can come and join me in October if he wishes but also he could do it later in November or so, right? (He is going back now to his hometown and wishes to spend time with his mom and siblings so if he can join a bit later it'd be better, that's why I ask). But what does it happen if his visa expires on January 1, for example. Is it ok since he's with me or he'd be illegal those 4 days?

[Angel99]

When he is in EU he has 90days like you in every schengen country withour registration regardless of the number of days written on the visa. In simple words he has unlimited stay when he is in the schengen zone. But if he stays more than his number of days on his visa and exit schengen area, he will need a new visa.

Check his passport the validity of the visa. This shows when the visa will expire. This different from the number of days for stay.

[Nverde5]

I have checked, but it's January 1, so I wonder what happens after that in a situation like the one I explained earlier.

[Nverde5]

I mean, without exiting Schengen.

[Angel99]

Hi,

You will receive your registration certificate immediately after you register. Yes he can come in November. He just has to make sure he is in the schengen zone before mid of December.

If he is going to remain in Nederlands before his visa expires, he shouldn't have a problem but best he registers with IND before his visa expire. After registering with IND, they will provide him a temporary visa if his has expired.

**He will need your registration certificate to register with the IND.
**He will need proof of income from you (employment contract and payslip or sufficient funds in your account and health insurance)