Visa Processing to stay with EU spouse in NL

Hi Azirac,

Welcome to the forum; you can find the answer to your question at the Dutch Immigration and Naturalisation Service (IND) website; if you follow this link, it explains the requirements.

If your circumstances are different to the requirements on the website and you need to speak to the IND, this link will take you to their contact page.

Hope this helps; best of luck in your move to Holland.

Hi it depends on whether your spouse is Dutch or not. If he/she is not Dutch you can apply to stay with your spouse using the verification under EU law method. Unfotunately this cannot be used when the spouse is Dutch. This method will class you as a family member of an EU citizen and will allow you to apply for a temporary resident permit ( 5 years) and give you the same rights as an EU cituzen. Look under EU on the IND website. It can take up to six months to get the resident permit, but you will be given a visa for a year free of charge to cover you whilst your application is being processed. Good luck

Hi,
Yes my husband is NOT a dutch, but European. I do read about that visa under EU verification law on IND website, I am not sure if i should apply that visa from here in the Philippines in dutch embassy or in IND already once I arrived in NL while they are processing my resident permit? The type of visa that the Dutch embassy in the Philippines told me to apply for in my case is what they called a facilitation visa. It has maximum of 90 days in 180 days period allowed of stay in NL. I dont know if the Visa under verification law is the same but I was wondering if how can I get the decision of IND if my visa has a shorter period than their processing time? Nonetheless, your response are very informative and helpful. Thank you so much!

There is no such thing as a European citizen.
According to your question: I don't think you can apply for a residents permit while you are in the Netherlands on a facilitation visum.
After 90 days you have to go back,  even when you're in the process of the permit.

But then again, it's the best to contact the IND as they decide on the application.

Hi,

When applying for the entry visa as a spouse of EU citizen? Is it safe to tell to the dutch embassy that my intention for applying for entry visa is to eventually apply for residence permit once i arrive in holland? of course, aside from the fact that I want to see and stay with my husband.
Thank you!

Hi Azirac,

My advice is that whenever you deal with any Government department anywhere in the world, that you always tell the truth, while at the same time, don't volunteer unnecessary information.  So just answer any questions truthfully and don't embellish your answers with information that may trip you up when asked another question.

So if asked the specific question "do you intend to eventually apply for a residence permit once you arrive in Holland; perhaps say "Can I do that?"

Hope this helps.

Cynic
Expat Team

Hi There,

Me (Belgian citizen) and my wife (Australian) are considering living in NL next year. We are currently outside of the EU. I've read a lot about the process online but some steps are far from being clear.

- very clear for me, as EU citizen I can come, work and go in NL as I pleased.

- not so much for my wife as the process seems to be:

1. Enter Schengen with a 90-day passport stamp (Permit-exempt term for Australians)
2. Apply for verification against EU law at local IND desk
3. Decision within 6 months

The grey areas are:

1. Once step 2 is completed, can my wife work immediately and can she stay over 90 days in NL? Someone posted "you will be given a visa for a year free of charge to cover you whilst your application is being processed" but I didn't find anything official confirming this.

2. Can my wife travel to other Schengen countries once the 90-day stamp is expired? Can she reenter Schengen after the 90 days if the application is still pending?

3. If she cannot work immediately, can we apply in advance from abroad to make sure that once we land in NL we have all documentation for her to work immediately and stay over 90 days?

Thanks in advance for your advice.

manu266 wrote:

Hi There,

Me (Belgian citizen) and my wife (Australian) are considering living in NL next year. We are currently outside of the EU. I've read a lot about the process online but some steps are far from being clear.

- very clear for me, as EU citizen I can come, work and go in NL as I pleased.

- not so much for my wife as the process seems to be:

1. Enter Schengen with a 90-day passport stamp (Permit-exempt term for Australians)
2. Apply for verification against EU law at local IND desk
3. Decision within 6 months

The grey areas are:

1. Once step 2 is completed, can my wife work immediately and can she stay over 90 days in NL? Someone posted "you will be given a visa for a year free of charge to cover you whilst your application is being processed" but I didn't find anything official confirming this.

2. Can my wife travel to other Schengen countries once the 90-day stamp is expired? Can she reenter Schengen after the 90 days if the application is still pending?

3. If she cannot work immediately, can we apply in advance from abroad to make sure that once we land in NL we have all documentation for her to work immediately and stay over 90 days?

Thanks in advance for your advice.

Hi and welcome to the Forum.

As you have already seen, the information is not specific.  In instances like this, I always advise people to contact the IND directly; this link will take you to their contact details.  They also have a Twitter feed where you can also ask specific questions; this link will take you there.

It is always better to get this information direct from the Regulator (who is accountable).

Hope this helps.

Cynic
Expat Team

Hi,

For people who need a visa to enter the Netherlands and wish to apply for Verification Against EU Law, they need to apply first for a facilitation visa (Type C: meaning 90days/180days - but it doesn't say if it's a multiple entry one or not) free of charge where they need to mention that it's for the purpose of joining a family member of EU nationality who lives in the Netherlands. It has other specifications and a different checklist and also, you don't have to answer all the questions of the visa form. Check this website (it's for Morocco but it's the same Visa): http://www.vfsglobal.com/netherlands/mo … EUEEA.html
After you get granted the visa, you take an appointment in IND in the Netherlands and that's where you apply for Verification Against EU Law. Then the decision will be ready 6 months after this date.
I am thinking that since family members of EU/EER nationals don't need an MVV, this facilitation visa allows you to come back to the Netherlands, in case the answer of IND is positive, to pick up your resident permit once it's ready (if it's a multiple entry one. If not I guess you apply for a second facilitation visa).
Good luck for your application!