MVV-applications can be denied when crimes have been committed for which a punishment, fine or a penal measure has been imposed.
Within criminal law, there is a difference between a crime and an offense. Offenses are not as grave as crimes and can therefore seem like innocent criminal facts. For example: someone who was required to pay a fine at the airport in connection with importing illegal DVD’s, has committed a crime. Paying the fine leads to guilt. Consequence: the MVV shall be rejected for five years.
Paying a fine, even if it is a low fine, can have disastrous consequences for a future MVV or residence permit application. If a fine is imposed in connection to a crime, it is advisable to not pay the fine and take the case to court. It is recommended to discuss this with a lawyer or expert!
Not only can crimes committed in the Netherlands, which have been penalized, act as a barrier to the issuance of a MVV, but also offenses committed abroad that qualify as crimes in the Netherlands will lead to a rejection to the MVV-application.
A maximum term exist when objecting to committed crimes in the context of a first admission of entry, except when it concerns homicide (murder/manslaughter).
In case of crimes for which a sentence of 6 years or more must be served, the term in which the MVV can be denied is 20 years. Such crimes include crimes against morals, crimes against life and abuse. The following crimes are included as well: drug crimes, crimes against public authority, carrying weapons and crimes that put the safety of people and goods in danger, such as arson.
In case of a conviction, transaction or a penalty decision for a drug crime or violent crime for which a sentence of less than 6 years applies, the term is 10 years. Violent crimes include: abuse, public battery, threat, insult and resistance in arrest.
In case of other less serious crimes, a term of 5 years applies.
The term commences on the day the punishment or penal measure has been given effect, meaning, the day upon which the fine is paid or the day of release after serving a jail sentence.