Dutch partner visa: bits and bobs

When a non-EU partner wants to stay with their partner in the Netherlands, they need to meet a number of requirements before qualifying for a Dutch partner visa. For example, one might need to sit an integration exam before coming to the Netherlands. The sponsoring partner will also need to show that they will have sufficient and sustainable income to provide for their foreign partner. In this article, we will explain some bits and bobs of the Dutch partner visa.

"Certificate of non-marriage" not required

When two unmarried partners want to live in the Netherlands, the Dutch Immigration Department will ask both the sponsoring partner and the foreigner partner to prove that they are not married to anyone else in their home countries. For example, a Nigerian man wants to live together with his Chinese girlfriend in the Netherlands. The IND will normally ask the Nigerian man to provide the IND with an “affidavit of bachelorhood” and an “attestation of martial status” issued by the Nigerian authorities, and the Chinese partner will need to provide a “certificate of non-marriage” issued by the Chinese Civil Affairs Bureau. Moreover, all these documents (and their sworn translations) need to be duly legalised by the relevant authorities. Undoubtedly, it can be very time-consuming to get these documents in both countries, let alone the fact that some foreign documents may need to be legalised by a Dutch diplomatic mission in another foreign state. The IND application form does mention that an applicant needs to submit all these documents. 

Fortunately, the Dutch Council of State (“Raad van State”) gave a groundbreaking opinion, in which the Council of State holds that “having a polyamorous relationship cannot be used as a ground for revocation of a partner visa.” From this judgment, one can infer that “having an exclusive relationship” should not be a requirement of a partner visa, and that one should not be asked to provide the IND with a “certificate of non-marriage” when applying for a partner visa. Through invoking this Council of State judgment, Mynta Law has helped a number of clients obtain their partner visa without providing the IND with a certificate of non-marriage.

Simultaneous hearing no longer allowed

In the past, when the IND had doubts about the nature of a relationship, the IND often invited both partners to attend a simultaneous hearing. Such a hearing can be very stressful. During a simultaneous hearing, the partners would be interviewed at the same time but at different locations. The IND/Embassy staff members would ask the partners a number of intrusive questions. For example, on which side of the bed do you normally sleep? On 19 June 2023, the Dutch Council of State gave an opinion, in which the Council of State holds that such an IND practice lacks a legal basis, and that a simultaneous hearing can be experienced as a breach of private life. 

Not living together at the same address

In another ruling, the Dutch Council of State holds that one cannot infer from the EU Directive 2003/86 that having main residence in the Netherlands is a substantive condition of sustaining a Dutch partner visa. Therefore, one can also argue that “living at a same address” should not be a substantive requirement of obtaining a Dutch partner visa either. However, over the last 18 to 24 months, the IND has become much stricter in relation to unmarried couples. For example, the IND contends that unmarried couples must live together. If married couples are not living together, the IND may ask them to provide much evidence showing that they have family life. With regard to the issue of cohabitation, please kindly refer to this article.

More lenient income requirements

When applying for a partner visa, the sponsoring partner needs to prove that they will have sufficient and sustainable funds to provide for their foreign partner. Traditionally, the IND would like to see that the remaining length of the sponsoring partner’s employment agreement is equivalent to 12 months or longer, as from the application submission date. Nevertheless, on the basis of the Chakroun judgment of the European Court of Justice, when assessing a partner application, the IND should take a totality of the financial aspects into account (such as, savings, stock portofolio, passive incomes and other types of assets) and the IND may not go beyond necessity.

Work rights during pending application phase

In general, during the phase of a pending partner visa application, a foreign partner can receive a temporary residence sticker ("verblijfaantekening algemeen") glued in their passport. Nevertheless, the sticker will probably be devoid of work rights, meaning that a foreign partner will not be allowed to work. However, if a foreign partner is already in possession of a different visa, they can continue working on the basis of their other visa, while awaiting the outcome of their partner visa application. Moreover, under Dutch law, it is possible to hold two or more visa statuses concurrently. 

Book a consultation

Should you have any more questions about the Dutch partner visa, please feel free to book a consultation with one of our lawyers.