MVV / TEV procedure

If you want your spouse, partner or children to come to the Netherlands to live with you in the Netherlands, you will need to apply for a provisional residence permit (mvv). The easiest way to file such an application is to file the application yourself in the Netherlands. The INS will then call you a sponsor.

With an mvv mark in the passport, the foreigner has permission to come to the Netherlands. Since the new procedure for 'Admission and Residence', a residence permit is automatically issued as soon as your family member enters the Netherlands. The procedure is therefore called MVV/TEV.

In most cases, the spouse or partner must first pass the Civic Integration Examination. The costs for this are € 150.00.

Furthermore, the INS usually requires that you have sufficient sustainable means of subsistence, an income equal to the statutory minimum wage on the basis of an annual contract. Exceptions to this income requirement are possible.

When applying for an mvv, many forms have to be filled in and documents from abroad have to be legalised or provided with an apostille. If a document is drawn up in a language other than Dutch, English, French or German, it must first be translated.

Legal assistance for filing an application for an mvv does not fall within the scope of the cases that are eligible for funded legal aid. The Legal Aid Board rejects such an application for fundend legal aid, even after referral by the Legal Aid Office.

We do not have standard fees for MVV procedures. On average it takes 4 to 5 hours to complete your case successfully. The costs are therefore on average between 800 and 1000 euros excluding VAT. Because every case is different, we cannot agree on a fixed fee in advance. If you have already did some reserach yourself, all conditions are met and all documents are in order, our assistance will be less expensive. If a detailed explanation has to be drawn up for the INS with regard to certain aspects because not all conditions are met, we will charge a reasonable fee for this. 

Is your spouse or partner already in the Netherlands? Then in many cases he or she will have to return to the country of origin to apply for a mvv. After all, having a mvv is a very strict condition for a residence permit and the absence of a mvv will often be used by the INS to reject an application for a residence permit.

Feel free to contact us for advice because sometimes an exemption from the MVV requirement does exist.

Stay with a Dutch child (Chavez-Vilchez)

On 10 May 2017, in the Chavez-Vilchez judgment, the Court of Justice established that a parent who is not a national of an EU country (called a third country national) and who is the parent of a minor Dutch child may, under certain conditions, claim a right of residence in the European Union (EU).

The Chavez-Vilchez judgment puts the child's best interests first: the child has the right to be around both parents. If the third country parent is not granted a right of residence, the child will be forced to leave the territory of the Union. If there is a strong dependency relationship between the third-country national and the Dutch child, the third-country national is entitled to a derived right of residence.

The rules are more strict since June 2018. The INS now has very strict requirements with regard to the care and upbringing tasks of the third-country national parent.

The rules in brief (copied from the policy document of the INS) state:

• the foreigner must prove his identity and nationality by handing over a valid border-crossing document or identity card. If the foreign national is unable to do so, he must unequivocally prove his identity and nationality by other means;
• the foreigner has a minor child (i.e. under the age of eighteen) who has the Dutch nationality;
• the foreigner performs actual care tasks for the benefit of the minor child, whether or not together with the other parent;
• the relationship of dependence between the foreigner and the child is such that the child would be forced to leave the territory of the Union if the foreigner does not have a right of residence.

Only a parent of a Dutch child is eligible for a right of residence in the Netherlands. The child of a Dutch national will automatically have the Dutch nationality after he is born. If the parents are married at the time of the child's birth, the relationship with both parents is a fact. If the parents are not married, the father will have to acknowledge the child.

The non-EU parent of a Dutch child only has a right of residence in the Netherlands for as long as the child is a minor. If there are several children with the Dutch nationality, the right of residence will apply at least until the youngest child reaches the age of 18.

The third-country parent must be (jointly) responsible for the care and upbringing of the Dutch child in order to qualify for a right of residence on the basis of the Chavez-Vlichez judgment.

The INS sets very high standards for the parent's to prove their care and upbringing tasks of the Dutch child. The chance of a successful application increases if many documents are submitted with the application and the personal situation is well explained.

These may include visitation arrangements, a parenting plan, photographs (with the date on which the photographs were taken), statements from school or nursery, statements from the midwife and/or obstetrician, the family doctor, etc.

Since the rules for obtaining a right of residence on the basis of the Chavez-Vilchez judgment are more strict, it is advisable to seek the assistance of an expert lawyer.

Because of our extensive experience, we can advise you on the possibilities and opportunities in the procedure. Solid advice and legal assistance will, on average, take three to four hours. Legal assitance for filing an application based on the Chavez-Vilchez judgment does not fall within the scope of the cases that are eligible to funded legal aid. Procedures concerning objecting a negative decision of the INS or a court procedure do fall within the scope and are eligible to funded legal aid.

Belgium route or EU route (in compliance with EU law)

The Belgium route is the most commonly used name for the Europe route, a legal method to circumvent the Dutch rules on family reunification or family formation by living with the spouse, partner (verifiable long-term relationship) or registered partner in another EU country.

The route uses European law, specifically Directive 2004/38 on the right of free movement and residence of Union citizens and their family members. If a Dutch citizen goes to live in another EU country, this is possible because of the right of free movement. If the Dutch citizen can prove that he or she has lived with his or her spouse or - registered - partner for a period of at least 6 months, the two can then come to the Netherlands together and submit an application for a review of EU law. The right of residence follows directly from European law and in the Netherlands, the INS will assess whether the conditions have been met and, if so, a residence card will be issued as family members of a citizen of the Union.

This route has many advantages because all kinds of conditions such as possession of a provisional residence permit (mvv), passing the Civic Integration Examination and the obligation to integrate do not apply. The public order criterion is also much more flexible compared to the sliding scale. There must not be any current danger to public order. On top of that, the means requirement is much more flexible, as long as the public funds will not be used, there is no problem.

Have you used this route and would you like to submit an application? Berte Advocaten will be happy to help you to make sure that the application is filed in the right way.