Applications for residence permit are considered by the Immigration and Naturalization Service in the Netherlands.
In order to obtain an authorization for temporary stay (MVV) it is required to acquire temporary residence permit first, which is issued for a 3-month consideration period.
While application for residence permit it is required to explicit the goal of residence.
It is worth remembering that in rejecting applications for residence permit aliens do not have the right in reporting claims.
In case the level of Dutch language is not sufficient, an alien is obliged to sign an agreement and complete an integration course which implies language study with the aim of quicker adaptation in the society of the Netherlands.
Вступаючи у шлюб з громадянином Нідерландів, чоловік/дружина або партнер автоматично отримує посвідку на тимчасове проживання. При цьому, проживши у шлюбі 12 місяців, іноземець має право подавати документи на постійне проживання, а вже через 3 роки – на громадянство.
Законодавство Нідерландів також визнає цивільні і одностатеві шлюби та наділяє такий союз тими ж правами, що і офіційний шлюб.
Marriage
Marriage to Dutch national automatically changes the citizenship of a spouse or a partner. An alien is eligible to apply for permanent residence upon living together for the period of 12 months, and after 3 years application for the citizenship can be made.
The civil and same-sex marriages are recognized by the government of the Kingdom of the Netherlands and considered as official ones.
The Netherlands state is very strict with fake marriages, therefore it has severe requirements for spouses:
In case the couple broke up or has a non-formalized relationships, but an alien has already obtained the Dutch citizenship, he or she would still have to leave the territory of the country.
The legislation of the Netherlands allows its nationals to invite their family members from abroad and grants them residence permit with the possibility for further citizenship obtaining by naturalization.
In order to invite family members in the country the following conditions must be fulfilled by a Dutch national:
In these cases the residence permit is issued for 1-year period with possible extensions.
By being employed with Dutch company an alien obtains the residence permit and work authorization (GVVA).
When signing a contract with a non-EU citizen, an employer is obliged to prove that no Dutchmen or citizen of EU countries had applied for the post in question.
Employer is also required to obtain formal approval from the Ministry of Labour of the Netherlands. Six weeks before signing the contract with an alien it is required to adverse the vacancy and provide the Ministry of Labour with the information on the number of candidates among Dutchmen and EU citizens.
If approved, the candidate must fulfill a number of conditions:
If these conditions are not fulfilled an alien can rely solely on unskilled or seasonal work without residence permit.
There are three types of employment contract in the Netherlands:
In case of successful employment in a Dutch company the employee receives a residence permit for a period of 1 year with possible extensions, and the EU Blue Card holders receive a residence permit for a 4-year period.
A foreign national intended to start a business in the Netherlands has the right to obtain a residence permit. There are two types of it:
There is a number of conditions for a start-up owner:
Residence permit is issued to an alien and his family upon submission of an application. However, a year later the Evaluation Committee decides on the business efficiency. In case of positive decision the residence permit will be extended.
A “millionaire visa” is a programme launched by the Government of the Netherlands with an aim of country’s economy stimulation since October 01, 2013.
Wealthy foreigners are eligible for a 1-year residence permit with further possible extensions by having invested at least € 1 250 000 in the country’s economy.
The Ministry of Economic Affairs of the Netherlands assesses the feasibility of investments. Basic requirements for investors are the creation of job positions for Dutch nationals and the aspect of business innovation.
An alien is required to provide the evidence on legal origin of invested resources.
Foreign nationals who undergo a long-term treatment in the Netherlands (for more than 3 months) are eligible for residence permit for the period necessary for fully recover.
For this purpose, medical reports and a contract with the hospital should be submitted to immigration department.
Victims of trafficking are eligible for the Dutch residence permit for the period of investigation.
The residence permit is also issued to foreign citizens who are engaged in scientific, creative, volunteer and religious activities in the Netherlands. The validity period depends on the period of the foreigner’s activities.
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