# non - EU partner



## chickadee10 (Mar 22, 2015)

Hi,

Myself and my non-EU partner(we are not married) are looking at moving to the Netherlands from the UK to work/live for longer than 90 days. We are aware than within 90 days we have to register ourselves etc. However we require to know what we need prior to entering the Netherlands.

It appears he does not require a visa as he is classed as my family member. However to enter the country with me it appears he may need some type of entry permit. I cannot get to the bottom of whether its a Schengen, MMV or an application for verification against EU law(certificate of lawful residence) or possibly none of these. Can someone please advise?

Thanks in advance.


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## Xircal (Mar 20, 2015)

chickadee10 said:


> Hi,
> 
> Myself and my non-EU partner(we are not married) are looking at moving to the Netherlands from the UK to work/live for longer than 90 days. We are aware than within 90 days we have to register ourselves etc. However we require to know what we need prior to entering the Netherlands.
> 
> ...


Hi,

Your non-EU partner needs a Schengen visa to visit. See these links for more details: 

Schengen Visa Types

Working (Employment) Schengen Visa - Schengen VISA Information

Additionally, your partner will unfortunately have to learn the Dutch language in order to settle here and the initial step to demonstrate literacy needs to be conducted at the Dutch Embassy in the UK before he arrives. More details here: Naar Nederland


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## Xircal (Mar 20, 2015)

Hi Chickadee,

I wrote in my previous post that your partner needs a visa to visit or work in the Netherlands because he's a non-EU national.

However, I've since discovered that neither of those statements is correct. 

See this EU statement on the subject: Family members - Employment, Social Affairs & Inclusion - European Commission

My sincere apologies for the mistake.

P.S. _It might be in your best interests to vote for a party which doesn't advocate leaving the EU in the coming General Election because if that were to happen, then you would lose the rights mentioned on that EU site_.


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## Donutz2 (Apr 14, 2014)

If you and your partner are in a "durable and exclusive relationship" and since the Dutch do not require a couple to be married for partner-migration, your partner would be eligable for a free, fasttrack, minimal documentation Schengen visa issued under Freedom of Movement. This EU/EER family member type of visa can be either a type C (short stay) or type D (MVV, migration entry visa). If you wish to start the application from abroad I'd go with the D visa, if you prefer to travel with your partner to NL and start the application from there I'd go for the C visa. 

More information on the type C visa:
- EU â€“ Travel documents for non-EU family members â€“ Your Europe
- http://ec.europa.eu/dgs/home-affair...140709_visa_code_handbook_consolidated_en.pdf (page 81+ is the section on EU/EEA applications) 

You basically will need to show the authorities that:
- you and your partner are in a durable and exclusive relationship (joined housing for instance, or any other evidence that you have been involved in a durable and exclusive relationship for some tome -6 months or more?- ).
- ID of both of you: passports (copy)
- That he will travel with you or join you (written statement by you, optionally proof transport or accomodation to and in NL though since you can skip the questions marked with an * on the application forms technically this evidence is only optional but it may strenghten your application to show that he will travel with you). 

Once in NL it will be about you excercising your freedom of movement rights, he will simply be tagging along. There won't be any legal requirements to integratie (civic exam etc.). 

Also check with the IND: Home›Individuals›Residence wizard›EU
https://ind.nl/EN/individuals/residence-wizard/eu/Pages/default.aspx

For more information I'd read the above mentioned links and then contact the embassy and IND (immigration & naturalisation department, ind.nl).


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## chickadee10 (Mar 22, 2015)

Hi Xircal(wouldn't let me quote your message for some reason), thanks for your reply, if a visa isn't required for him to enter the netherlands do we just have to take proof to the border that we are a couple? Obviously we don't have a marriage certificate. Not sure if its relevant but I am a British citizen currently living in the UK.


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## Donutz2 (Apr 14, 2014)

See post 3 and 4, a visa is required for him. This visa can be obtained for free via an accelerated procedure with minimal requirements (proof of a durable relationship such as having live 6+ months together, proof of ID, naking evident that he wil you you to the Netherlands). 

Technically you can obtain a visa at the border but no airliner or ferry will let you board without proper papers, so you'll either have swim to the Netherlands or apply for a visa via the embassy.

Edit: be aware that Schengen embassies may use (they often do) a third party service partner such as TLS or VFS, these are entirely optional under the current visa legislation which gives the right of direct access. This applies to all applicants but especially EU/EEA applications. An embassy is required to clearly list the option and difference between direct access and using a service partner. If an applicant choses to use the service partner, a service fee can be charged. Obviously there is no service fee if you request direct access, in which case the EU/EEA visa is entirely without any costs. 

Quoting the Handbook on Schengen (it has a chapter detailing EU/EEA applications in more detail):


> 3.2. Service fee in case of outsourcing of the collection of applications
> As family members should not pay any fee when submitting the application, they cannot be obliged to obtain an appointment via a premium call line or via an external provider whose
> services are charged to the applicant. Family members must be allowed to lodge their application directly at the consulate without any costs. However, if family members decide
> not to make use of their right to lodge their application directly at the consulate but to use the extra services, they should pay for these services. If an appointment system is nevert
> ...


Source: http://ec.europa.eu/dgs/home-affair...140709_visa_code_handbook_consolidated_en.pdf

Currently the Dutch embassy site states that all applicants have to go via the outsourced party, this is in conflict with the visa rules! Sadly more embassies are neglecting the legislation... If you wish to use direct access I suggest to e-mail them.


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