Partner visa holder not registered together with their sponsoring partner at the same address?

If you hold a Dutch partner visa, it is very important to remain registered together with your sponsoring partner at the same BRP (city hall) address. It happens often that a partner visa holder and their sponsoring partner may decide to live separately, due to a myriad of reasons. For example, a partner visa holder needs to return to their home country (temporarily), with a view to taking care of their elderly parent(s). A sponsoring partner travels abroad for the sake of doing an internship at a prestigious organisation. Also, because of the ongoing housing crisis, some couples are forced to live separately, when their current landlord terminates their tenancy agreement. 

When a partner visa holder is not registered together with their sponsoring partner, it is very likely that they will receive a so called "intention to revoke" letter (also known as "voornemen" in Dutch) from the IND, in which the IND will inform them that the IND plans to revoke their partner visa and to issue a return decision ("terugkeerbesluit"). From the perspective of the IND, having a joint BRP address is the "Be-All and End-All" of keeping a partner visa. Nevertheless, the visa holder will be given a two-week term to respond to the IND revocation intention. Upon receipt of this letter from the IND, it is of crucial importance to "keep your hair on." Normally, it is possible to ask the IND to give more time, with a view to formulating a written response to their "intention to revoke" letter.

Recently, Mynta Law has successfully helped some (unmarried) partner visa holders fend off such an IND intention to revoke. First, it is important to explain the reason as to why a partner visa holder has not been living together with their sponsoring partner. As mentioned above, depending on the merits of the case, there can be a plethora of reasons. Moreover, it is important to invoke the applicable case laws of the Dutch Council of State ("Raad van State"). For example, in one of its December 2019 judgments, the Council of State holds that: "While it can indeed be inferred from that Directive that cohabitation is an important factor and the starting point for family reunification, it does not follow that it is an independent requirement for eligibility." Nevertheless, the IND tries to even out the implication of this judgment, as the IND contends that it applies to married couples only. Should an unmarried partner have not been living together with their sponsoring partner, it is necessary to invoke more legal arguments. One of these additional arguments can be, inter alia, the principle of equality as well as the stance of the European Commission on the issue as to whether a Member State can treat unmarried partners more strictly. Furthermore, it is always necessary to provide the IND with an ample amount of evidence, showing that a partner visa holder continues to have family life with their sponsoring partner, notwithstanding the fact they have not been registered at the same address.  

Book a consultation

If you happen to have received such an intention to revoke letter from the IND, please feel free to book a consultation with one of our lawyers. Depending on the merits of your case, we will develop a strategy as to how to respond to the IND letter.