Thai citizen visa to Netherlands

[steven81]

Hi. Please forgive me if this topic is already exist but i couldnt find any information for us problem.

So the story is the next : i am a hungarian citizen and i have a wife from Thailand. I will start working in Holland from the next week monday. I would like to take my wife to Holland and work we wiht me. I tried to read the sites http://thailand.nlembassy.org/you-and-netherlands/working-in-the-netherlands.html and the IND site as well. Honestly those sites are a littlebit chinese to me. Is there anyone who living in Holland and have a Thai wife? Any information would be really appreciated.

Thanks

[Donutz]

You may find this recent topic useful (German moving to NL with Thai spouse):

http://www.thaivisa.com/forum/topic/927033-german-married-to-thai-moving-the-netherlands/?p=10888048

As you are a EU citizen and your non-EU spouse travels with you or joins you, you fall under the EU Freedom of Movement Directive 2004/38. Which means your wife can get a free visa (type C 'short stay' or type D 'long stat/for immigration'), which has to be isseud ASAP, with minimum paperwork and no hazzle.

Easiest approach: Your wife applies for a type C visa, using your marriage document and an official translation of this into English (or Dutch, German, French), both legalized by the Thai ministry of foreign affairs and any EU embassy. While at it do the same for her birthcertificate, you won't need it for the visa but the Dutch munucipality generally asks for it.

More on moving to NL as a EU citizen with non EU spouse:

https://ind.nl/EN/individuals/residence-wizard/eu/Pages/default.aspx

Also see the Schengen sticky near the top of this forum.

Good luck!

PS:

If you really want to dive into the details:

- Directive 2004/38 (click the PDF document in any language you prefer): http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV%3Al33152

- Check the Operational handbook (and look up part III) available a bit down the page of EU Home Affairs:

http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm

Edit: These Freedom of Movent rules do not apply to Dutch nationals (the EU allows members to apply these rules to them or not, the Dutch as most members chose to discriminate it's own citizens with stricter rules, which led to the so called " EU route" or "Sirinder Sighn route"). So a Dutchy like me will have had an entitely different experience regarding getting their Thai spouse or non married durable partner to immigrate.

Edited July 12, 2016 by Donutz

[steven81]

Wow. Amazing. Thank you very much. Sounds great. Finally someone provided some useful information and is not Chinese like the Dutch embassy sites and etc. Thanks a million.

Something what I forgot to tell. I got both Thai and Hungarian marriage certificate so us marriage is already registered in Hungary. Maybe that will be a little advance if she have already some contact with the EU?

Tapatalkkal küldve az én Redmi Note 3 eszközömről

Edited July 12, 2016 by steven81

[Donutz]

Forgot to mention: your wife (or you for her) can make an appointment for the visa application via the embassy (e-mail them) or via the optional (!) service provider VFS (they charge a service fee). The appointment must be given within 2 weeks, and processing of the visa application takes 1-2 weeks (15 calendar days being the legal maximum if the paperwork is in order).

After she get's the visa she can travel to the NL (via NL or entering through other memberstates) with you or joining you. Then she goes to the IND for residency application and to the municipality to register to move in.

In all a very straightforward and smooth process if you deal with staff that applies the rules correctky, which the Dutch -excusing the odd confused officer skeeping on the job- generally do.

[steven81]

Thank you very much. Looks really easy and straight forward thing. I will get back with some update if we started the whole thing. Thank you. You saved me a lot of money. I was thinking about to look up a visa adviser and pay coz on the website they wrote down everything very complicated. I can't say thank you enough times...

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[Donutz]

The Dutch won't be able to read Hungarian, they will be interested in confirming there is a legal (and genuine) marriage. There is no rule stating that the marriage must be registrated in the EU (some embassies such as Spain and Portugal wrongfully insist on this though). But just take any mariage documents with you. And provide an official translation into English, German, Dutch or French. So if you have a Hungarian document and translation or better yet an official Hungarian mariage document printer into a language the Dutch understand, you should be fine.

Oh and you're welcome.

[steven81]

Got it. I will keep in mind everything what you said. I will prepare everything like it should be. And if course us marriage is legal and genuine. We are married almost 4 years ago. We got all documents what we need. Some of them Hungarian, some of them Thai and some of them English. Do you think is some advance if I get translated everything to Dutch? Or better the English?

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[Donutz]

English will be just fine (or German if that is cheaper / easier in regards to Hungarian documents, does Hungary offer English/German language version? Just like I can ask at my municipality to print out official documents in English for international purposes).

You are probably familiar with the Schengen visa application: get passport photo's, the application form (skip questions with a * ) and provide relevant evidence.

The Schengen form used to be on the embassies website, but it can certainly be found here:

http://www.vfsglobal.com/netherlands/thailand/eu_guidelines_applications.html

[steven81]

Thank you. I'm not familiar with Schengen visa but I think I will be fine. We tried to apply for her couple years ago for a UK visa coz I was working in Northern Ireland. But she was declined 2 times with a very silly reasons. I hope this time we will have more luck. I will come back with update if we start the whole process.

Answering of your question nope no offer for other languages. I must look for a translation office and ask them to translate all the documents to English than.

Tapatalkkal küldve az én Redmi Note 3 eszközömről

Edited July 12, 2016 by steven81

[Donutz]

Ok you should be just fine.

If you were married at the time such a visa could not have been denied except fraud or national security! and you haven't married a terrorist have you? 555

Edit: please do keep us updated, will be useful for other readers.

Edited July 12, 2016 by Donutz

[steven81]

Hehehe of course not. Hopefully everything gonna be fine. Thanks again and I'll be back with update if everything started...

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[steven81]

Just a little something. B4 we started this conversation I also wrote to the Dutch embassy and I asked them to give us more information. After couple days my wife got this email. I copy and paste all what they said.

"Dear Mrs

Herewith I reply to your message for my colleague. If you would like to stay in the Netherlands for a long period of time to join your husband, you will indeed need to do is to start an MVV application procedure. An MVV is a provisional residence permit and will allow you to stay in the Netherlands for a period longer than 90 days.

You can apply for the MVV yourself but it is better for your sponsor (your husband) in the Netherlands to apply for the MVV on your behalf directly with the Dutch Immigration and Naturalisation Service (IND).

There are various types of MVV's depending on your main purpose for residing in the Netherlands; be it work, study or family. Like my colleague stated, if you click on the link below you will be able to access the IND Residence Wizard, where you will find information on how to apply for the type of MVV that suits your needs best:

Residence wizard

You will find all information on the application procedure. Please read this information carefully to make sure that you comply with all of the procedural requirements, you can find this information by clicking on the following link:

Provisional Residence permit - Procedure

It is important to know that it can take up to 90 days for the IND to assess such an application and that it is generally not allowed for an MVV applicant to be in the Netherlands while the MVV application procedure is still underway.

I advise your husband to contact the IND directly to start with the procedure.

I trust to have informed you sufficiently and I wish you the very best of luck with the application procedure.

Kind regards,

Consular information officer"

I deleted my wife name from the front. Can you tell me more about this mvv thing? Do we really need it? Your way looks much simple then their way.

And it made me confused...

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[Donutz]

The MVV (Machtiging Voorlopig Verblijf, permit for temporary stay for immigration purposes) is a type D visa.

Or to be more exact: for immigration the Dutch have the TEV (toegang en verblijf, access and redidency) procedure. This procedure is for residency (VVR residency card), but it also includes an entry visa (MVV, type D) for those who require a Schengen visa. So the TEV procedures is MVV+VVR.

As said you can take two routes: type c (short stay) and type D (immigration purposes).

With a type C you get a short stay visa, may take up to 15 days. After arrival apply for residency. The TEV procedure may take 90 days, since she would already be in NL she eon't need a MVV/D visa and you will get your residence card shortly after. The obvious advantage is that you can be together in NL awaiting the application. This is often the prefered route.

The route the embassy suggested:

Type D means you start the immigration procedure from Thailand. As said it may take up to 90 days. After a positive procedure your wife gets the MVV (D) visa, about 2 weeks after arrival her residence card will be ready for collection. The advantage of this appeoach is that you only apply once rather then for the visa and residence card seperatly. Regular Dutch nationals with Thai partner must take this route so the embassy will promote this by default. But since Freedom of Movement and it's more relaxed rules apply to you you are not required to chose this approach.

[mgb]

The visa typ-d procdure would be simply a offence against eu law.

A family member of a eu citizen don't underlie national immigration law.

[GuestHouse]

My wife and I went through this process in the Netherlands last year.

I was working and studying in the Netherlands, my wife joined me after I have arrived.

The process was quite simple:

I arrived, registered at work and at my university. Applied for a "Verklaring van Inshrijving Bergegs van de Unuie", this is registered as a sticker in your passport. I also registered at my local town hall (Leiden) as a citizen of the city and received my BSN registration number.

My wife then applied to enter the NL with intent to settle with me, her visa was a Schengen Visa.

On arrival we made an appointment for her to register her residence at the immigration office in Den Haag, three months later she received her formal registration of residence.

Not at all difficult.

[Donutz]

Leiden is a nice city (though being from a nearby village it's a live/hate relationship, fearing annexation). They are used to EU and non EU citizens so it should be smooth sailing. It seems your wife awaited the TEV (MVV+VVR) procedure from Thailand and after a positive result collecter her residence card in Rijswijk (bordering Den Haag) at the IND. And ofcourse registrated herself with the municipality.

Certainly an option but I'd still prefer to travel ask for a short term visa, fly to NL, start the procedure from here and then register with the municipality (you could di this right after starting the procedure with the IND for the Thai spouse, though some municipalities may insist on completing the procedure with the IND first). Applying with the municipality first should also work.

best aproach: you as an EU citizen migrates first, gets registrated with the townhall etc. Thai spouse joins on C visa. You ask your townhall if your Thai spouse can register there and depending there answer or what suits you go to rhe townhall first for BRP registration and then to the INF for "EU toetsing" ,alternatively go to the IND first (especially if your town is totally clueless).

- https://ind.nl/en/individuals/residence-wizard/eu/third-country-nationals

-

-- https://ind.nl/EN/Documents/5005.pdf ("EU toetsing" form)

Edited July 15, 2016 by Donutz

[steven81]

Thanks a lot guys. I'm arrived to Holland just now. I have to work now couple weeks b4 we start the process. I will come back with updates as soon as we started

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[steven81]

Guys. I was just reading trough the IND website and I see there is couple requirements what I have to fullfil or not. Like I must have money for sponsor my wife for 12 months or something. Is that true?

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[Donutz]

The 12 months duarable (and 100% minimum monthly wage) does not apply to you. Aslong as you have sufficient income from your job in NL you (and thus not a "unreasonable burden to the state") you and your spouse are welcome in any EU nation.

See form no 5005 that I linked to, it asks the following:

You are a family member of a national of the Union (not a Dutch national); or

You are a family member of a national of the Union (not a Dutch national) and you yourself do not originate from the EU

n You are the spouse, partner or registered partner of a national of the Union (not a Dutch national) (and you yourself do not originate from the EU) (740 - 741 - 746 - 747 - 748 - 753 - 754 - 755 - 760)

Your application must be accompanied by the following supplementary evidence and documents:

The document issued by the competent authorities evidencing the marriage

or the registered partnership (see the explanation Foreign documents and

Language on page 2 of this form);

A copy of the certificate of lawful residence of your sponsor;

Evidence showing that your sponsor (still) has income from work or other

sufficient means of existence in order to prevent your sponsor and his family

members from depending on public resources.

In case of a relationship, your application must also be accompanied by

Evidence showing that you have a long-lasting relationship with the EU citizen. This is shown by the fact that you have run or recently ran a joint household for a period of six months. If this joint household is not run, or has not been run in the Netherlands, you can prove this by:

- proof that you cohabited abroad. The following documents may be submitted for this purpose: a certificate of registration at a municipal administration office, tenancy agreements, sales agreements of a house inhabited jointly, or bank statements in both names; or

- a birth certificate showing that a child was born from your relationship

The Appendix Declaration of Relationship for Partner of EU National filled

in completely and signed by you and your sponsor; or

A copy of the certificate of lawful residence of your sponsor.

Edit: the cohabitation bit applies for unmarried couples in a durable relationship. Obviously married couples need not show such things.

Edited July 16, 2016 by Donutz

[steven81]

I see. What if we was not living together 6 months continue? That's a reason for decline?

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[Donutz]

As said, the 6 month cohabitation does not apply to married couples.

[steven81]

Thank you. Sorry if I'm asking silly questions but I'm really afraid and I don't want to make a mistake or something. Thank you very much.

Tapatalkkal küldve az én Redmi Note 3 eszközömről

[steven81]

Hello guys. I'm sorry to say that but my plan is not feasible. Unfortunately my situation is changed and I have to move back to Northern Ireland. Thanks for the help for anyone

Tapatalkkal küldve az én Redmi Note 3 eszközömről