Residence based on relationship or marriage

Aliens who have or spouse or partner in the Netherlands are eligible for a residence permit  based on either family reunification or family forming. For this it is important to know that under Dutch law partnership and marriage are equal forms of relationships. Also same sex marriage en partnership enjoy full recognition by Dutch law. So for the issuance of the residence permit on this bases it is if no legal relevance what form the relationship has or if the applicant is of the same sex as his or her partner/spouse.

The moment when the relationship started is decisive for determining if an application is considered to be for the purpose of family reunification or of family forming. If the relationship existed before the spouse or partner settled in the Netherlands, than an application will be regarded to be for the purpose of family reunification. In which case the spouse or partner must earn at least 100% of the minimum wage (at present  this amount to € 1230,32 after tax and excluding vacation money) based on a contract of at least one year at the time of application.

On the other hand, if the relationship had begun after the spouse or partner settled in the Netherlands, the application is regarded for the purpose of family forming. Which brings along that the partner or spouse must earn at least 120% of the minimum wage based on a contract of at least one year at the time of application. At the present this amounts to an income of € 1476,38 per month after tax and excluding vacation money.

Furthermore the applicant must pass the so called civic integration exam. This entails that the applicant must take the civic integration exam at the Dutch embassy in their country of origin. For more information about the civic integration exam we can refer you to the following website http://www.naarnederland.nl/.