Authorities tighten rules for non-married partners applying for residence status

  • The Netherlands
  • 10/22/2019
  • 019 Berry Appleman & Leiden LLP

Medium Priority

What is the immigration news? Dutch immigration authorities are more heavily scrutinizing residence permit applications for non-married partners of non-EU employees who must now submit evidence, consisting of a questionnaire and supporting documents, proving the relationship is long-term and exclusive.

* Effective date: Oct. 1, 2019. * Visas/permits impacted: All immigration applications for non-married partners, including dependent permits linked to Highly Skilled Migrant and Intra-Corporate Transferee residence permits. * Who is impacted: Non-EU employees and their non-married partners applying for Dutch dependent residence status.

Additional information: In the Netherlands, non-married partners (both same-sex and opposite sex) are eligible to apply for dependent residence permits, allowing them to live and work in the country. Recently, Dutch immigration authorities have more strictly scrutinized these applications and are requiring applicants to prove that the relationship is long-term and exclusive.

Up to Oct. 1, 2019 the following documents were sufficient for dependent residence permit applications sponsored by Highly Skilled Migrants and Intra-Corporate Transferees:

* a relationship declaration, signed and completed by both partners; * a legalized (translated) non-marriage/single certificate, not older than six months, one for each partner;

Since Oct. 1, 2019, a third standard requirement applies: a questionnaire regarding the relationship must be completed and secondary evidence provided.

BAL Analysis: Dutch immigration authorities aim to gather more evidence proving that non-married partnerships are legitimate. Applicants should include as much documentation as possible (e.g., letters, emails, photographs and airplane tickets) proving the non-married partnership is legitimate. The introduction of this new requirement and the tightened policy are in line with the trend of Dutch immigration authorities assessing applications more strictly.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

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