# Want to stay



## wakeup (Mar 21, 2014)

I need some help if anyone can give it. I'm from America but am currently in the Netherlands with my bf but only have a tourist visa. I want to stay. I still have a job in the US that I am doing remotely. As mentioned in some other posts, immigration here can be strict and we're running into problems. Apparently being able to support myself isn't enough. We can't prove on paper we've been together long enough and they aren't counting my income from what I understand. I don't know. Anyone have any advice? I've got two and a half months before my 90 days is up.
I've heard something about getting my papers in Belgium but I'm not sure how that works. 
Thanks for any help anyone can give.


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## Bevdeforges (Nov 16, 2007)

The Dutch are getting harder and harder about long-stay visas. Chances are, you won't be able to count the time you've been in the Netherlands on a tourist short-stay visa as part of your "time together."

You may want to consider getting married, but that may well require you to go back home to apply for the appropriate visa after the nuptials. 
Cheers,
Bev


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## Bevdeforges (Nov 16, 2007)

One small caveat about the Surinder Singh route - I have heard that the UK is getting stricter about this way of getting an EEA family permit for a non-EU spouse. Used to be you just had to live elsewhere in the EU for six months. Now, it seems, they are insisting on proof that you "transferred your centers of interest" to another EU country for at least six months (and they may extend that period of time). This means the European partner needs to hold a job or be enrolled as a student, have transferred their social insurances and have other evidence of genuine residence in the other country.

But in general, there is a "simplified" way for a non-EU national to join their EU/EEA partner in any EU country other than the partner's home country. Each country has its own take on how this works. I know France is picky about the EU partner having a "statut" in France (which boils down to a legit reason for living there, other than to simply get their non EU partner into the EU). 
Cheers,
Bev


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## xabiaxica (Jun 23, 2009)

as Bev says though, you'd need to be sure that you could actually become resident in the other country, too

Spain is making it quite difficult for EU citizens to move here & takes quite a long time (often WAY longer than 3 months) to approve residency for non-EU spouses - & unmarried partners, unless it's a formal union recognised by Spain ( & not all are) would stand no chance

not even spouses get automatic residency, either

oh - & the OP wouldn't be allowed to work in Spain, even remotely, until the visa was issued


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## wakeup (Mar 21, 2014)

Bevdeforges said:


> The Dutch are getting harder and harder about long-stay visas. Chances are, you won't be able to count the time you've been in the Netherlands on a tourist short-stay visa as part of your "time together."
> 
> You may want to consider getting married, but that may well require you to go back home to apply for the appropriate visa after the nuptials.
> Cheers,
> Bev


Thanks for the replies. This seems like the way we are going to go. It feels like walking on quicksand you know? You talk to one person in the immigration office and they say if we're married the financial part is fine. Call again and it won't work the way the other said, but might another way. It makes me wonder if anyone knows what they are talking about for sure. Okay marriage was on the plate down the road so it's not the end of the world moving that up but I don't want to end up married in a hurry and then still kicked out on my butt.

So I might still have to go back to the US to apply for a different visa? Say it ain't so 

I go through all this they are going to have to handcuff my booty and drag me away.


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## Donutz2 (Apr 14, 2014)

The IND always gives an other answer every time you call. Maritial status isn't important at all. The same rules apply to married and unmarried couples. The most important demand is the income requirement. 

The primairy requirements are the income demand, the Dutch sponsor needs to earn 100% minimum wage (€1485,60 gross income per month, excluding holiday money). It also has to be durable, which means the salary (contract) is ensured for atleast 365 days and not a single day less at the day the IND (Dutch Immigration & Naturalisation Department) receives the request. Maritial status isn't important, being married or not is not a demand.

Luckily as a US citizen you can apply from within the Neterlands for resisdency. Mind that while you stay as a tourist you can only stay 90 days per 180. Do not overstay!


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## wakeup (Mar 21, 2014)

Well that sounds like a number I've heard from one person from the IND. We've heard from two people what we will have should be enough but don't know if that's the amount those two were saying. Yep, don't trust them but don't have a choice. Gonna get everything together, go down and hold my breath until they say ok. If they don't, I have no idea what I'm going to do. I don't want to think about the possibility, it gives me knots in my stomach.


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## Donutz2 (Apr 14, 2014)

It's best to read the information, including brochures and the Klantdienstwijzer ("Customer Service tool/aid") at the IND site. Most info is there and gives more certainty that the IND helpline, in my experience they give 6 different answers when calling them 5 times. There are also dedicated Dutch forums with legal experts and people who went through the whole ressidence application process themselves. I found those more useful then the IND, especially if you have a non standard application the helpline is pretty useless... A real shame. When I had an application for my Thai GF they screwed up with several steps such as asking for documents which were no longer legally required months ago, accidently forgetting to check the right box in their computer system etc. They do have some expert staff at the IND but lots of BLEEP too (enter a discription of something you may find in a zoo...). 

If your partner earns sufficient money and his contract is durable then most of your worries should be covered. After that follow the requirements regarding proper documentation such as your documents regarding your maritial status (and appostille stamps). 

After you have been granted ressidence you'll have to register at the townhall (gemeentehuis), in the BRP (Basis Registratie Personen, Base Registration Persons). Legally you do not need a birthcertificate yet, but it's custom that they ask for it. If you don't have it at hand they can't legally demand that you provide one, though not every townhall member of staff might be aware of that. If you do have the document it's best to register it, since you may need it later when A) applying for marriage B) naturalisation.


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## wakeup (Mar 21, 2014)

Just wanted to give an update. I am married now, paperwork is turned in and I have just the temporary permission to stay while they make their decision. We fell short of the money line but they said that they look at things more globally, make sure there is some base of stability. They seemed like they didn't think it would be a problem but it's not like they are going to say right there that I can't stay. I don't have a bad feeling about it but I'm not breathing a sigh of relief yet.


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## wakeup (Mar 21, 2014)

I got the letter in the mail today, I'm stayin!!!!!!!!!!!!!


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## Complexity (Mar 11, 2014)

Oh congratulations!!!!! Have you managed to find a job yet?


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## wakeup (Mar 21, 2014)

Complexity said:


> Oh congratulations!!!!! Have you managed to find a job yet?



Thank you. I'm so relieved. I have a job from the company I used to work for back in the states but now that I can get a job here (or can once I can pick up whatever paperwork I need from them) I would like to try to work here. That's going to be a whole new thing. Not even sure how to start on that one. Okay, learning the language is a place to start. I've not done so well on that front yet but I have no doubt I can tackle that. From there I have no idea. A new challenge. I'm ready for it.


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## Donutz2 (Apr 14, 2014)

Congratulations and good luck settling in (job, language, friends, finding your way around etc.)


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## wakeup (Mar 21, 2014)

Thank you very much. It is a relief to have the waiting off my mind. Now it's just time to live and learn.


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