Aliens in the Netherlands who have a partner or spouse (also called referee), may be eligible for a residence permit based on family reunification. The sponsor must have a sustainable income that is equal to the minimum wage as of 01-01-2020 equal to € 1.653,60 gross per month excluding holiday and €1.785,89 including holiday pay.
Bear in mind that the IND only takes the so-called SV-loon into consideration. This is the fiscal wage (als referred to as “heffingsloon” or “fiscaal loon”. Often this is somewhat lower than the contractual gross wage.
Sustainability means that this income will be generated for at least a year. In other words the contract is valid for at least one year at the time of the application. Of if the contract is not valid for one year or more at the time of application, the sponsor must show he has at least a six months contract and has earned an income of at least the minimum wage for one year prior to applying.
For admission of aliens the so called integration requirement is a condition. This means that a person must have passed the integration exam at the Dutch representation in their country of origin. For information on the integration exam you can go to www.naarnederland.nl.
The age requirement for family reunification is now 21.
If you are not married, but have a relationship, you should both need to submit a (legalized or with Apostille stamp) Declaration of unmarried.
If you are married, the marriage must be proven by means of a marriage certificate which is either legalized or Apostille stamp.
Artikel 8 EVRM
If an alien enjoys family life with a resident of the Netherlands but cannot apply for residence based on any other legal ground, an appeal to article 8 of the European Convention of Human Rights (ECRM) can be possible in some cases. This article contains a basic human right to enjoy family life which must be respected by the member states of the ECRM.
If you can show that you enjoy family life with a resident of the Netherlands and you can show that you cannot exercise this right outside of the Netherlands, there is in very exceptional cases a possibility to obtain a residence permit based on article 8 ECRM.
For questions about what Altattorneys can do for you in a family reunification procedure please email us (email@example.com) or call us at 020 616 14 87.