SERVICES
Immigration Law / Family reunification (MVV)
Do you want to bring your child, parent, partner or spouse to the Netherlands?
Then you often have to submit an MVV application. This stands for “provisional residence permit”. Not all nationalities need an MVV, but unfortunately most nationalities do. We have the necessary knowledge to start this procedure for you, with which you are often quickly reunited with your partner within three months. We also often successfully handle objections in which clients initially tried to apply for family reunification themselves.
Do you want to know if you meet the conditions? Below you can see which conditions you must meet.
However, if you do not meet the conditions, do not fear, contact us quickly for an intake. There are often exceptional situations or personal circumstances that we can explain, as a result of which the IND still issues a granting decision.
Sometimes we advise you to start another procedure, such as the EU route, an 8 ECHR application or an application or basis of the Chavez judgment. The options are not limited.
Cost:
The application phase is never reimbursed by the government. Such a request will always have to be paid for by the client itself. The costs depend on your situation and the estimated number of hours. For this we ask you to contact the office.
If the application is rejected, it is possible, depending on your income, to file an objection or appeal on the basis of an addition. Would you like to submit your situation to us? Please contact our office for an intake interview.
– You and your partner meet the general conditions that apply to everyone.
– You have a long-term, exclusive relationship with your partner. Or you are married or have a registered partnership.
– You are both 21 years or older.
Were you already married to your partner when you both (still) lived abroad? And is your marriage valid under private international law?
Then you can already apply if you are both 18 years or older.
– Your partner is going to live with you in the Netherlands. Your partner registers at your address.
– You have Dutch nationality or a valid Dutch residence permit.
– Do you have a non-temporary humanitarian residence permit? Or a residence permit as an economically inactive EU long-term resident? You must first have lived in the Netherlands for at least 1 year with a valid residence permit. This does not apply if you currently live abroad and are coming to the Netherlands together. Or if it is in the interest of your minor children that your partner is already coming to the Netherlands.
– Do you have a residence permit for exchange, work experience or seasonal work? Then you will only stay in the Netherlands for a short time. You cannot bring your partner to the Netherlands.
– You meet the income requirements.
– You declare that you are the sponsor for your partner. The sponsor is the person who brings the partner to the Netherlands.
– Your partner passes the civic integration examination abroad. Unless your partner does not have to take the exam. This condition does not apply if your partner does not need a Regular Provisional Residence Permit (mvv).
Different conditions may apply for Turkish citizens and their family members.
The following conditions apply to you and your child:
– You and your child meet the general conditions that apply to everyone.
– Your child is younger than 18 years.
– Your child does not have a family of his own.
– Your child belongs to your family and was also part of your family abroad.
– Your child is going to live with you in the Netherlands. You register the child at your address.
– You have Dutch nationality or a valid Dutch residence permit.
– Do you now have a residence permit for residence as a family member or relative, residence as an economically inactive long-term resident or residence for non-temporary humanitarian grounds? Then you must have been living in the Netherlands for at least 1 year with a valid residence permit.
– Do you have a residence permit for exchange (au pair, cultural exchange and Working Holiday), work experience or seasonal work? Then you cannot bring your child to the Netherlands
– You meet the income requirements.
– You have custody of your child. Read more information about parental authority and guardianship at Rijksoverheid.nl.
Is there a parent who remains behind in the country of origin? And does that parent also have authority over the child? Then that parent must sign a consent form. The parent thereby gives permission for the child to leave for the Netherlands.
– You declare that you are the sponsor for you.
It is usually not possible to bring a child aged 18 or older to the Netherlands.
Child from 18 to 25 years.
Is your child between the ages of 18 and 25? Then you can usually still bring your child to the Netherlands in these situations together:
– Your child always lived with you until you left for the Netherlands.
– Your child does not have a partner or family of his own.
– Your child does not have enough income to live on.
Child aged 25 or older
– You can only bring your child aged 25 or older to the Netherlands if there is a special relationship of dependency between you and your child. This means that your child cannot do without your care, for example due to serious medical problems.
Obligatory Military Service
Was your child under the age of 18 before you left for the Netherlands and did he or she stay behind for military service? Then your child can come to the Netherlands after conscription.
Unfortunately, according to national legislation, it is not possible to bring (grand)parents to the Netherlands through family reunification. However, in some cases, European legislation can be used, namely the “right to family life” based on Article 8 of the ECHR. For this there must be a “more than usual dependency relationship” and often also a financial dependence. Sometimes the medical situation also plays a major role. Our office can advise and assist you in submitting an application on the basis of Article 8 of the ECHR.
The parent of a minor child with Dutch nationality can obtain a right of residence in the Netherlands if this parent is (jointly) responsible for the care and/or upbringing of the child. This follows from the judgment of 10 May 2017 of the EU Court of Justice in the Chavez-Vilchez case against the Netherlands.
Do you have a minor child with Dutch nationality? Then, if you meet the conditions, you are probably entitled to a right of residence with your Dutch (minor) child. We call this the “Chavez-Vilchez” arrangement. There has been a judgment of the EU Court of Justice of 10 May 2017, which stipulates that a child should have the opportunity to exercise his rights as a citizen of the Union on the basis of the law of the European Union, i.e. with in other words, to be allowed to grow up within the EU. If the parent does not have a right of residence, the child would be forced to leave the EU, which is why the Netherlands is obliged to grant the parent a right of residence after all.
It does not matter whether you are legally in the Netherlands or illegal. If you have not yet entered the Netherlands, we can help you apply for a special visa, the so-called “facilitating visa”. However, this is only possible when the child has already been born and not yet during a pregnancy.
You do not have to meet an income requirement or an integration requirement for this procedure. Your child only needs to be a minor, have Dutch nationality and you, as a parent, need to have care and upbringing duties. The younger the child is, the greater the chance that your application will be granted.
If you have any questions about this, you can make an appointment for a consultation!