28 August 2012

Family migration measures

Family migration measures: commencement date 1 October 2012 (The Netherlands).

News item | 18-07-2012 | source: www.ind.nl

The family migration measures from the coalition and the Parliamentary support agreement, which were published in the Bulletin of Acts and Decrees, will commence on 1 October 2012. The Royal Decree concerning the effective date of 18 July 2012 was published in the Bulletin of Acts and Decrees. You can read below what this means.

The measures

Family reunification and formation:

- Family reunification and formation is only possible if the partners are married or have concluded a registered partnership. Unmarried partners cannot submit an application for family reunification or formation. An exception applies for partners who are unable to get married in the foreign national's country of origin (see 'temporary wedding permit').
- Sponsors who have a residence permit can only bring a partner to the Netherlands if they have resided at least one year in the Netherlands. This condition does not apply to sponsors who have a temporary regular residence permit with a temporary purpose of residence as referred to in the Civic Integration Decree.
- The purpose of residence 'expanded family reunification' will be cancelled.

Other:

- The term for qualifying for continued residence is changed from 3 to 5 years.
- The term following which relocation of the main residence outside the Netherlands is assumed will be reduced from 9 to 6 months.
- It is no longer possible to request residence for the 'family visit' purpose of residence.

When 
The measures will enter into effect on 1 October 2012. Applications that have been submitted before 1 October 2012 (also requests for advice preceding the actual application for a Regular Provisional Residence Permit) will be verified against current policy. The new measures will not yet apply in this connection. The new measures will apply to requests submitted after 30 September 2012. 

Foreign nationals, who currently hold a residence permit for a purpose of stay that will lapse as of 1 October 2012, will retain this residence permit and will be able to extend it after 1 October 2012 as well.

The temporary wedding permit 
Unmarried partners will no longer qualify for family reunification or formation, unless they are unable to get married pursuant to legislation in the country of origin of the foreign national. If it is impossible to get married in the country of origin, it is possible to submit an application for a temporary regular residence permit with the purpose of 'concluding a marriage or registered partnership'. This permit is valid for six months and only intended to get married here in the Netherlands. If the marriage is concluded within six months (or the partnership has been registered within six months), the permit may be converted into a permit for residence with a spouse or registered partner.

The temporary wedding permit cannot be applied for until 1 October 2012. The application should demonstrate that it is impossible to get married in the country of origin of the partner. It has to concern a statutory impossibility. For example, if it is impossible to conclude a same-sex marriage on the basis of the legislation of the country of origin.

The following conditions will also apply to temporary wedding permits:

- Both partners are aged 21 or over.
- The sponsor holds a temporary residence permit with a non-temporary purpose of residence and has resided in the Netherlands at least 1 year.
- Both partners have to demonstrate they are unmarried.
- The partner (foreign national) who comes to the Netherlands holds a valid travel document (for example a passport).
- The partner (the foreign national) who comes to the Netherlands has passed the Civic Integration Examination Abroad or has an exemption. He does not have to take the exam if he does not need a regular provisional residence permit.
- The partner (the foreign national) who comes to the Netherlands does not constitute a danger to public order and is willing to cooperate in a tuberculosis test (if such is necessary)
- The partner in the Netherlands (the sponsor) has sufficient and long-term income.

Getting married at the municipality 
Partners who have been granted a temporary wedding permit and who wish to get married or enter into a registered partnership in the Netherlands have to do so within 6 months. The municipality will request you to provide documents in order for it to be able to solemnise the marriage or register the partnership. It may take a great deal of time to collect these documents, for example because the foreign national has to bring these from abroad. We therefore recommend that you check what information the municipality needs and what conditions the documents have to satisfy before the foreign national comes to the Netherlands.

Costs 
The costs of the application for a regular residence permit (MVV) and the application for a regular residence permit (VVR) without a regular provisional residence permit (MVV) are € 1,250. 
The costs of the application for a VVR after an MVV are € 300.

The application for changing the condition to residence with spouse is free of charge, provided:

- the marriage was solemnised before expiry of the period of validity of the temporary wedding permit (therefore within a term of 6 months) and

- the application for changing the condition to residence with spouse has been submitted before expiry of the period of validity of the temporary wedding permit.

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