Who needs a visa to the Netherlands or a temporary residence permit (MVV)
1. The purpose of this article.
Foreign nationals who wish to stay in the Netherlands for more than three months need a residence permit. Most foreign nationals first require a special visa to enter the Netherlands: “mvv” (temporary residence permit). You must apply for a temporary residence permit (“mvv”) before you enter the Netherlands at the embassy or consulate of the Netherlands. This article contains detailed information about whether you require a temporary residence permit (“mvv”) or not.
If you wish to stay in the Netherlands for less than three months, you do not need a temporary residence permit (“mvv”) or a residence permit. In many cases, however, you will need a visa. You can apply for a visa for a short stay in the embassy or consulate of the Netherlands in the country of your stay.
2. Residence permit and temporary residence permit (“mvv”):
If you want to live in the Netherlands, there are three different possibilities.
You want to stay in the Netherlands for more than three months, and you are not a citizen of the countries of the European Union, the European Economic Area or Switzerland.
The reason for staying is the reason you want to live in the Netherlands. For example, you want to live with your partner in the Netherlands, or work, or study here.
In this case, you will always need a residence permit. In many cases, you will also need a temporary residence permit (“mvv”) to enter the Netherlands. A temporary residence permit (“mvv”) is a special visa. You are required to apply for a temporary residence permit (“mvv”) before you enter the Netherlands. Some people are exempted from the need to obtain a temporary residence permit (“mvv”). They can apply for a residence permit directly in the Netherlands.
You are a citizen of the countries of the European Union, the European Economic Area or Switzerland and wish to reside in the Netherlands.
If you live less than three months, all you need is to register with the local authority (GBA) of your place of residence. If you stay more than three months, you will also need to register with the Immigration and Naturalization Service (IND), which will make a sticker in your passport.
Your visit will last less than three months.
In this case, you will need a travel document (for example, a passport) and (in most cases) a visa. You can apply for a visa at the embassy or consulate of the Netherlands in the country of your stay.
Applying for a temporary residence permit (“mvv”)
You will need to apply for a temporary residence permit (“mvv”) at the embassy or consulate of the Netherlands, either in your country of origin or in the country of your permanent residence. For this, in most cases, you will need a surety (the person giving the recommendation) in the Netherlands. The Surety is the person you wish to stay with, or the organization that arranges your stay in the Netherlands.
The request for information, which precedes the actual application for a temporary residence permit (“mvv”)
Before your application for a temporary residence permit (“mvv”), your guarantor can request information from the Immigration Services Office regarding the issue of a temporary residence permit (“mvv”). If the Immigration Services give a positive response, you will know that your treatment is likely to end successfully.
Applying for a residence permit.
You can apply for a residence permit in the Netherlands to the office of the Immigration and Naturalization Service. If you wish to study in the Netherlands, in many cases the institution will file an application with the Immigration and Naturalization Service.
Requirements and documents.
To qualify for a temporary residence permit (“mvv”) and / or residence permit, you must meet certain requirements. You will also need to provide a list of documents. The Service of Immigration and Naturalization will assess whether you meet the requirements and whether you have the proper documents. The requirements depend on the purpose of your stay in the Netherlands: work, study, creating a family, visiting family members, for example.
Some requirements must be met regardless of your goal of being in the Netherlands. For example, you must have a valid passport. To obtain a residence permit in many cases, you will need to pass a test for tuberculosis and have health insurance.
The civic integration examination
To be eligible for a temporary residence permit (“mvv”), in many cases you will need to pass the civil integration exam abroad. This exam tests your basic knowledge of both the Dutch language and the Dutch society. The exam is handed in at the embassy or consulate of the Netherlands in your country of origin or country of permanent residence before entering the Netherlands.
All people aged 16 to 65 who require a temporary residence permit (“mvv”) and who wish to live in the Netherlands for a long time, will need to pass the civil integration exam. These include foreign nationals wishing to establish a family with someone in the Netherlands or to reunite with family members already living in the Netherlands. Religious leaders, such as imams or preachers who come to the Netherlands for work, will also need to pass the civil integration exam.
You do not need to take the civil integration exam abroad if you want to live in the Netherlands as an Au-Pair, as a member of the family of someone who has refugee status, or you are on a family visit.
Foreign nationals and dependents of their families who wish to reside in the Netherlands for study, medical treatment, employment, self-employed work, or as highly qualified migrants are also not required to pass a civil integration examination for abroad.
Exemption from the examination of civil integration abroad can also be done on medical grounds, there are also exceptions for people of Surinamese nationality. This list is by no means exhaustive.
3. Who is eligible for a temporary residence permit (“mvv”) and residence permit?
In principle, you are entitled to a temporary residence permit (“mvv”) and a residence permit if you meet the following requirements:
You have a valid passport; You do not constitute a threat to public order, national peace or national security; You have or your sponsor has enough funds to support, for example, earned income; You are ready to pass the test for tuberculosis; You have health insurance in the Netherlands; You have passed the exam on civil integration abroad or are exempt from passing this exam; You meet the requirements corresponding to the purpose of your stay in the Netherlands;
Requirements for any purpose of stay.
You will always come to the Netherlands for a specific purpose, for example, to live with your family, work or study here. The reason for your visit is your purpose of stay.
Different requirements are required for each purpose of the stay and different documents are required. For example, if in the Netherlands you have a spouse with whom you wish to reside, you will need to provide your marriage certificate. If you plan to work for a company in the Netherlands, you will need to provide an employment contract. If you study in the Netherlands, you will need to show, for example, that you are registered at an educational institution.
If you want to live in the Netherlands for more than three months, you must pass a test for tuberculosis. If it turns out that you have tuberculosis, you need to undergo treatment. If you refuse this, you will not be issued a residence permit. You are not required to undergo a tuberculosis test if you are a citizen of one of the following countries: Australia, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Suriname, Sweden, Switzerland, United Kingdom, United States or the Vatican.
You will be exempt from having to testify for the results of the tuberculosis test if you have a valid residence permit in Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland or the United Kingdom.
Guarantor in the Netherlands.
It is important to have a person or organization in the Netherlands, which will, among other things, act as guarantor for you. The guarantor may be, for example, a member of the family with whom you will reside, or an employer who will guarantee your income. It may be that you will not have a guarantor. For example, you can settle on the conditions of independent employment, without having a guarantor. In this case, there are often additional requirements. You must therefore carefully prepare your application for a temporary residence permit (“mvv”) and a residence permit.
Who needs a temporary residence permit (“mvv”)?
Not everyone needs a temporary residence permit (“mvv”). Below is a brief overview of the main nationalities and situations in which there is no need for a temporary residence permit (“mvv”). This list is by no means exhaustive.
You will not need a temporary residence permit (“mvv”) in the following cases, among others:
You have a residence permit in the Netherlands; You are a citizen of the following countries: Australia, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg Malta, Monaco, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, United Kingdom, United States of America or the Vatican; You have a permanent residence permit in the European Community issued by another member state of the European Union; In the end, there may be exceptional circumstances that make it impossible for you to apply for a temporary residence permit (“mvv”) in your country. In most cases, however, you can apply for a residence permit if you have a temporary residence permit (“mvv”).
For more information regarding the Netherlands immigration law and support in obtaining the Dutch “mvv”, please contact “Business Legal Consultancy” at the lower coordinates.