Immigration law
Although asylum law and immigration law both deal with the status of refugees and asylum seekers in the Netherlands, they have different focuses and objectives, especially regarding legal procedures and the rights of refugees and asylum seekers.
(Regular) immigration law primarily involves obtaining residence permits in many different forms. This may include a short-term visa for an invitation or visit by a family member or others to the Netherlands, hiring employees from abroad, or obtaining a residence permit for a spouse/partner or other family member.
In regular immigration law, you may encounter matters such as:
Residence of EU nationals and their rights in the Netherlands;
Obtaining Dutch nationality through naturalization;
Obtaining a residence permit for work, study, family reunification, or other reasons;
Rules regarding the residence of unlawfully staying foreigners and possibilities for legalization;
Assessment of EU law family members;
The Turkey Association Agreement; and
Residence with a minor Dutch child (Chavez-Vilchez).
Immigration law thus concerns the right of residence of 'foreigners' in the Netherlands for various reasons and situations.
In the Netherlands, there are various procedures within immigration law that allow foreigners to apply for a residence permit.
Do you have questions about other regular immigration law matters? Feel free to contact Izgi Advocatuur.
Provisional Residence Permit (MVV)
What Is It?
A regular procedure often starts with applying for an MVV. An MVV is an entry visa for individuals who wish to stay in the Netherlands for longer than 90 days.
After entering the Netherlands, the applicant can apply for a regular residence permit for the intended purpose of stay, such as work, study, or family reunification.
When Is It Needed?
For most nationalities, an MVV is required before entering the Netherlands for a stay longer than 90 days.
Procedure:
The application for both the MVV and the residence permit is submitted to the Immigration and Naturalization Service (IND).
After approval of the MVV, the applicant can travel to the Netherlands and collect the residence permit there.
Family Reunification
What Is It?
The possibility for a foreigner to bring their family members to the Netherlands.
When Is It Needed?
When a foreigner with a valid residence permit wants to bring their partner, minor children, or other family members.
Procedure:
The application is submitted to the IND, where the sponsor (the foreigner in the Netherlands) and the family member must provide the required documents. The IND assesses whether the conditions for family reunification are met.
EU Long-Term Resident
What Is It?
A status that gives foreigners in the Netherlands rights comparable to those of Dutch citizens, such as access to the labor market and social benefits.
When Is It Needed?
When a foreigner has legally resided in the Netherlands for a long time and wants to obtain permanent residence status.
Procedure:
The application is submitted to the IND, where the applicant must demonstrate that they meet the conditions for EU long-term resident status. After approval, the applicant receives a residence document with EU long-term resident status.
Visa Application at the IND
Procedure and Steps
When you want to apply for a visa for the Netherlands, it is important to follow the correct procedure. Depending on your situation, the procedure may vary, but the general process for applying for a visa at the Immigration and Naturalization Service (IND) includes several key steps.
1. Determine Which Type of Visa You Need
There are different types of visas, depending on the purpose of your stay. The most common are:
Short Stay (Schengen Visa): This visa is intended for stays of up to 90 days in the Netherlands or other Schengen countries. It is suitable for tourists, business trips, or family visits.
Long Stay (MVV – Provisional Residence Permit): This visa is required for people who want to stay in the Netherlands for more than 90 days, for example, for work, study, family reunification, or asylum.
Depending on the type of visa you need, the requirements and application process may vary.
2. Check if You Need a Visa
Not everyone needs a visa to enter the Netherlands. Citizens of certain countries, such as EU or EEA members, do not need a visa for short stays. Check before applying whether your nationality requires a visa.
3. Gather the Required Documents
Depending on the type of visa, additional documents may be required, such as proof of a relationship for family reunification.
4. Submit the Visa Application
The application for a Schengen visa or MVV can be submitted online or at the nearest Dutch embassy or consulate in your country of residence. It is important to submit the application well in advance, as processing times may vary.
5. Pay the Application Fees
A fee is usually charged for the visa application, depending on the type of visa and duration of stay. The costs can be paid at the embassy or consulate when submitting the application.
6. Wait for the IND’s Decision
After submitting your application, the Immigration and Naturalization Service (IND) will assess it and make a decision. If your application is approved, you will receive your visa. If additional information or documents are needed, the IND may request further clarification.
7. Visa Approved – Receive Your Visa
If your visa is approved, you can collect it at the embassy or consulate where you submitted the application. For a Schengen visa, you can travel for the approved 90-day period. For an MVV, you must travel to the Netherlands and apply for your residence permit at the IND upon arrival.
Was your visa denied? Call Izgi Advocatuur immediately to explore further legal steps together.
Naturalization
Do you want to officially become a Dutch citizen and enjoy all the rights and obligations that come with it? Naturalization is the process through which, after long-term residence and integration in the Netherlands, you can obtain Dutch nationality. This opens doors to new opportunities, such as applying for a Dutch passport and participating in elections.
Requirements for Naturalization
To qualify for naturalization, you must meet the following conditions:
Age: You must be 18 years or older.
Residence Period: You must have lived in the Netherlands legally and continuously for at least five years with a valid residence permit. In certain situations, you can apply after three years, for example, if you are married to a Dutch partner and live together.
Residence Permit: You must have a valid residence permit for an indefinite period or a temporary residence permit for a non-temporary purpose, such as family reunification.
Integration: You must be sufficiently integrated and demonstrate this with a civic integration diploma or similar certificate.
Public Order: You must not pose a danger to public order or national security.
Renunciation of Current Nationality: In most cases, you must be willing to renounce your current nationality, unless an exception applies to you.
At Izgi Advocatuur, we understand that the naturalization process can be complex and sometimes daunting. Izgi Advocatuur is ready to guide and support you at every step so you can submit your application with confidence. Contact us today for a no-obligation consultation.