As a result of the implementation on 1 June 2013 and the entry into force of the ‘Wet modern migratiebeleid’ (law modern migrationpolicy), the procedure for admission and stay in the context of family reunification have been simplified.
For example, the application for advice on the issuance of an MVV has been cut.
Also, the application for an MVV and subsequent residence permit has been morphed into one procedural application for admission and stay (toegang en verblijf).
The application for admission and stay
The most important procedural changes since 1 June 2013 are:
- The application for an MVV and residence permit has been transformed into one. This means that after an affirmative decision on an MVV-application, a residence permit will immediately be granted as well.
- The so called advice procedure has been abolished. The reference person/sponsor is able to apply for an MVV for their foreign partners, family members etc. in the Netherlands as well.
- Since the application for admission and stay is now one procedure, the costs are decreased. The fee for an application is €171,00 per 1 January 2019 for adults and €57 for children.
- Upon the date of issuance of an MVV, the IND will issue a residence permit of 5 years.
- The reference person/sponsor in the Netherlands has legal obligations to collect and save administration on the foreign partner or family member and to report important changes.
How do you apply for an application for admission and stay (TEV)?
An application is made with a form which can be downloaded from the website of the IND or the download page on this website.
There are two ways of applying:
- The form ‘formulier voor MVV-verlening’ can be submitted by the foreign partner or family member at a Dutch embassy or consulate in their country of origin or residence; or
- The application for the purpose of stay as a family member (of reference) can be submitted by the reference/sponsor at the IND in the Netherlands.
It is highly recommended for the reference/sponsor to submit the application in the Netherlands. The procedures for this submission are more efficient and subsequently, the application will take a shorter time as opposed to submitting an application at an embassy abroad.
This website only deals with the application that is submitted by the reference/sponsor, meaning, the person submitting the application at the IND in the Netherlands.
The reference/sponsor submits the application with all attachments to the IND:
Immigratie- en Naturalisatiedienst
The advice is to always send the application via registered post and to save a copy for own administration.
Which documents have to be submitted?
Which documents must be submitted with an MVV-application depends on the purpose of the stay and the person in question. There are three standard types of family reunification:
- Checklist family reunification with a married partner;
- Checklist family reunification with an unmarried partner; and
- Checklist family reunification with a minor child.
- With regards to foreign documents, only a copy must be provided. The original must usually be submitted in person when the MVV is issued at the embassy or consulate abroad!
- With regards to forms that must be signed by a partner, child etc., a scan or printed copy would suffice (it must be readable). Thus, it is not necessary to return the original signed copies from abroad.
What happens after the MVV-application has been submitted?
The application will be processed at the central postal-processing office of the IND in Ter Apel. All papers will be scanned and administered into the digital system of the IND.
Thereafter, the application will be assigned to a decision-maker at an IND office in ‘s-Hertogenbosch, Den Haag or Zwolle.
In this phase, the IND will send an application confirmation letter to the reference within two weeks and a request to pay the application fee. The fee must be paid to IND’s bank account, under the relevant details, within two weeks after the letter has been sent.
ATTENTION: the application can be annulled when payments that are not made on time, or if payment instructions are not followed correctly.
The processing of the payment fee in the IND system takes up to a week upon which a decision-maker will be assigned to the case.
When information or files are missing, the decision-maker will send the reference/sponsor a letter with a ‘herstelverzuim’ asking them to send the required information within two weeks. It can also occur that the decision-maker will contact the reference/sponsor via cellphone to ask questions.
When all data is complete, a decision on the case will be made. The lawful term within which this must happen is three months. This term can be extended for another three months, but that happens rarely. The average decision term is 6 to 8 weeks. This varies in busy periods such as the holidays.
A positive decision is sent directly to the reference/sponsor. This decision mentions that the IND confirms the arrival of the foreign partner or family member to the Netherlands. The embassy abroad would already have been notified of the decision. This means that upon receiving the news, it is possible to immediately contact the embassy abroad for further formalities.
A negative decision does not grant the foreign partner or family member the right to travel to the Netherlands. An application can be denied when not all requirements are met or when these are inadequately presented.
The most common grounds of rejection are:
- The employment contract of the reference/sponsor is not guaranteed for another year on the date upon which the application was filed;
- There are discrepancies in the income data (e.g., the data from an employment contract do not correlate with the data that is known at the UWV); and
- The provided data on the relationship with an unmarried partner are so brief that it is not sufficiently substantiated.
It is possible to appeal the negative decision. The appeal must be filed within 28 days of the negative decision. In appeal, the IND must take another look at the case. New information can be submitted with arguments substantiating why the IND has to make an affirmative decision. It is very much advised to hire a lawyer at this point.
Collecting the MVV at the Dutch embassy or consulate abroad
After a positive decision, an appointment can be scheduled at the Dutch embassy or consulate. They would have already been made aware of the specific decision taken by the IND.
In most occasions, a filled out ‘Formulier voor MVV-verlening’ (form for MVV) must be submitted.
N.B.: if the MVV-application has been approved by the IND, answer question 2.7 with a ‘yes’.
During the appointment at the embassy or consulate, your photos as well as your fingerprints will be taken. These are saved digitally in the IND-system in order to create the residence permit (physical card). This happens automatically the day after the MVV has been issued.
Finally, the embassy or consulate will check whether or not the foreign partner or family member is in possession of original, official documents such as a marriage certificate or certificate of non-impediment. Even though a birth certificate is not a required document for the MVV-application, the embassy will only issue the MVV when the holder is in possession of an original birth certificate, provided with an apostille or legalization. The birth certificate is of necessity in the registration at the gemeente (municipality) in the Netherlands.
The trip to the Netherlands can be booked after the MVV has been issued in the passport. Booking a trip prior to issuance of the MVV is strongly discouraged.
After the positive decision by the IND, the MVV must be collected within three months at the embassy. The MVV must be used within 90 days after its issuance to travel to the Netherlands. If travel does not occur within those 90 days, the MVV will not be valid anymore and must be applied for again. Thus, it is possible to wait a maximum of 180 days until travelling to the Netherlands, if the MVV has been picked up at the embassy.