To live in the Netherlands with a partner who is not a Dutch or EU national, that partner needs a residence permit for the purpose of residence with a partner. The application is made by you as the sponsor, and in almost all cases it is combined with the provisional residence permit in a single procedure with the IND: the Entry and Residence Procedure, or TEV.
Three questions decide the outcome, and they are worth answering honestly before anything is filed: is the relationship demonstrably exclusive and durable, does the sponsor have sufficient stable income, and does the partner need to pass the civic integration examination abroad first.
The relationship
Marriage, a registered partnership and an unmarried relationship all qualify, but an unmarried relationship must be shown to be exclusive and durable, and both partners must be unmarried and not in a registered partnership with anyone else. You must intend to live together at the same address, and after arrival you will both be registered there.
Evidence is what carries these applications: correspondence over time, photographs, travel documents showing visits, joint financial commitments, statements from people who know you both. A relationship declaration is signed by both partners. Where the IND has doubts it can invite you for interviews, and inconsistent accounts of everyday matters are what sink applications.
The income requirement
The sponsor must have income that is independent, sufficient and sustainable. Sufficient is measured against the statutory minimum wage including holiday allowance; sustainable normally means income secured for at least a year ahead, although income from a permanent contract, or a history of self-employment, can satisfy the test in other ways.
The thresholds are indexed twice a year, so the figure that matters is the one applying at the moment the application is assessed. Income from social assistance does not count. Where the sponsor is permanently unable to work, an exemption may apply.
The civic integration examination abroad
Many partners must pass the basic civic integration examination at a Dutch embassy or consulate before the provisional residence permit is granted. It tests Dutch language and knowledge of Dutch society. Nationals of a number of countries are exempt, as are certain categories of applicant, and there is a hardship provision for those who cannot reasonably be expected to pass.
The procedure
You file the application in the Netherlands as sponsor. The IND decides in principle within the statutory period; where documents are missing the period is suspended, which is the most common cause of delay. Foreign documents generally need to be legalised or apostilled and translated, and gathering them takes longer than applicants expect – start with those.
Once granted, your partner collects the provisional residence permit at the embassy, travels to the Netherlands, registers with the municipality and collects the residence document. The permit is initially temporary and is tied to the relationship; after five years of lawful residence, permanent residence and naturalisation come into view.
If the relationship ends
Because the permit depends on the relationship, its ending affects the right of residence. There are provisions for continued residence in certain situations, including after a long relationship or where there has been domestic violence. Advice at that moment, rather than after the IND has been notified, materially affects the options.
Advice on partner applications
Most refusals are avoidable and turn on evidence and income rather than on any real doubt about the relationship. We assess whether the requirements are met, assemble the file, submit the application and take up objections where a decision is wrong. Please contact Law & More; our immigration lawyers are happy to help.
