Verification against EU

Last activity 07 May 2018 by Cynic

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GuestPoster6390Guest06 May 2018 22:21:02

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Hi there,
My boyfriend and I would like some advice on our situation.

We both met in the Netherlands during our studies. My boyfriend's residence permit was granted for a Master and was extended one year after he graduated, he found a temporary job for 5 months but couldn't find anything else before his permit expired last month. There was no possibility to extend his permit as it had already been extended.

I'm a Spanish citizen currently living and working in the Netherlands. My boyfriend is originally from Iraq, and had to go back when his permit expired.

Since I'm planning to stay longer in the Netherlands, and because we haven't registered our partnership, we considered applying for Verification against EU law (for which you don't need to have a registered partnership). We have been living together for 8 months, and he has enough money to come here.

However, due to his personal situation at his home country, he needs to come back to the Netherlands as soon as possible.

We have reached out several times to the IND and they said he would need to wait for at least 3 months after he left the Netherlands to apply for another visa. After that, they told us Verification against EU law would be our best shot and he could apply for it right away.

I'm a bit confused with this, could anyone confirm to me how soon could he apply for Verification against EU law after he left the country?

CynicUK / Netherlands Expert07 May 2018 08:57:51

7633

Hi and welcome to the Forum.

I'm a bit confused by your question. The IND (who are the Dutch Government regulators for all immigration matters) have notified you that your boyfriend must wait "for at least 3 months after he left the Netherlands to apply for another visa."; so this is a fact (at least at the moment); in other words, the man in charge has told you what has to happen.

The only link or reference to "3 months" I can find is that it takes this seems to be the default in the bureaucratic immigration world of the EU for the amount of time for some permits to be either valid, or how long before, or after some specific thing. Or, it could be that the IND is empowered by Dutch law to make this kind of decision.

So the question is to whether the previous "fact" is, in fact, factual, or has somebody made an assumption that has no basis in law. For that, I'd recommend you speak to an Immigration lawyer; when you do mention his "personal situation at his home country", hopefully, this may help expedite your situation.

At the top of this page is a link to our Handy Tools section, within which is our business directory; in there are some immigration law firms who may be able to help you. This link will take you straight there.

Hope this helps.

Cynic
Expat Team

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