Has the Dutch Immigration Service suspended the examination and approval?

Introduction to # Dutch Immigrants # Many China people have worked hard for that residence card in the Netherlands for many years. Others are in the Netherlands, and it takes a lot of energy to help their families apply for residence in the Netherlands through family reunion. It is generally difficult to find a job now. I graduated as an international student, submitted my resume all night and interviewed crazily. As a laborer, work hard and do your best; I found a Dutch partner, but I still have to work hard to maintain my relationship, fearing that I will part ways one day ... Anyway, life is not as easy as I thought. Before I got my permanent residence card, I was on tenterhooks every day, afraid of being fired by my boss, breaking up with my partner and losing my residency instantly. Once the time limit of the residence card is broken, all the years of residence saved before will be ruined, which is very uneconomical!

In fact, it is easier than you think to get a Dutch residence card! The income is not enough, the contract time is not long enough, and even after divorce, there is a chance to apply for residence or even a green card! Don't give up until the last minute!

1. Insufficient income and insufficient signing time.

One of the important issues in applying for a residence card is income. 2065438+April 2006, the European Court of Justice made a judgment on the requirement of stable income in the process of residence application (referred to as Cachapo judgment).

Whether applying for family reunion or permanent residence, the Immigration Bureau requires the applicant or the applicant's guarantor to have sufficient financial resources.

The immigration law puts forward three requirements for economic sources. They are: independence, long enough, and enough. In fact, many applicants do not meet the requirements of the Immigration Bureau because their financial resources are not sustainable enough.

In fact, the European Court of Justice has put forward provisions on examining income and time limit, the purpose of which is clear: to prevent applicants and their families from applying for subsistence allowances from becoming a social burden.

For many years, it has been the consistent practice of the Dutch Immigration Bureau to require applicants or guarantors to prove that their income has lasted at least 12 months from the date of submitting the application. Or you need to prove that you have a steady income in the past three years. At the same time, the income can be maintained for at least half a year.

But some people say, what if all the above conditions are not met? Is there no chance to apply for permanent residence?

In fact, in the Netherlands, even if you or your partner's income or work contract requirements are not up to standard, you can't completely arbitrarily think that you have no chance to apply for residence.

Once, a foreigner who has obtained the right of abode in the Netherlands and has a job income wanted to change his residence type to a Dutch partner. Unfortunately, the income of the Dutch is not up to standard.

At first, the Immigration Bureau of the Netherlands made a decision to refuse the visa according to law, but the court in The Hague, the Netherlands, held that the decision of the Immigration Bureau was wrong. The reason given by the judge is that the immigration bureau only considers the income of the applicant's spouse and does not consider the applicant's own income.

Let's look at a case ruled by a Dutch court. Last year, the Dutch Immigration Bureau rejected a foreigner's application for residence because the foreigner did not have enough financial resources.

However, the court held that the Immigration Bureau should comprehensively evaluate the applicant's economic strength and the risk of applying for subsistence allowances according to Cachapo's judgment.

In this case, the customer has more than100000 euros in the bank account, and the customer has a high education and work experience. Therefore, the court held that the risk of the parties applying for subsistence allowances is extremely low.

The court held that the Immigration Bureau did not fully consider the various interests of the applicant, so the decision made by the Immigration Bureau was wrong.

2. You have to pack up and go back to China after breaking up with your Dutch partner?

Under normal circumstances, according to article 18 of the Dutch immigration law, the immigration office can revoke the residence card of the partner from the date of separation.

Of course, in actual operation, we need to analyze the specific situation:

0 1

The partner is Dutch and has no children.

If you have lived in the Netherlands with your partner for five years and passed the Dutch integration exam, you have the right to apply for further residence.

If you have lived in the Netherlands for less than five years, you need to find other ways to stay in the Netherlands (such as applying for high-tech immigrants and student visas).

02

The partner is Dutch and has underage Dutch children.

Referring to the EU law and the Chá vez-Fairchaz case judgment made by the European Court of Justice 20 17, you can apply for a new right of residence and obtain a residence card valid for 5 years.

03

The partner is not Dutch and has no children.

If you have lived in the Netherlands with your partner for five years, and your partner's residence is not temporary, and you have passed the Dutch integration test, you have the right to apply for further residence.

If the partner's place of residence is temporary (such as a student), even if he has lived for five years, he has no right to apply for further residence.

04

The partner is a non-EU member and has minor non-EU children.

If you have (partial) custody of your children, you can apply for a residence card according to the European Convention on Human Rights. According to the European Convention on Human Rights, family rights should be protected.

When accepting such applications, the Immigration Bureau will consider the age of the child, whether it has custody and visiting rights for the child, the relationship with the child and the kinship.

In this case, marriage lawyers and immigration lawyers work together to ensure that the arrangement of custody and visiting rights will be beneficial to the residence application. In addition, you need to prove that you have enough financial resources and will not cause any burden to the Dutch government.

05

The partner is an EU citizen outside the Netherlands and has no children.

According to EU Directive 2004/38, if you have been married to your partner for three years (one of whom lives in the Netherlands) or have lived in the Netherlands with your unmarried partner for three years, you can keep your right of abode. You need to prove that you still have enough financial resources when applying.

06

The partner is an EU citizen outside the Netherlands and has minor EU children.

In this case, if you have full custody of your children, or you have the right to visit your children, and the judge stipulates that the right to visit must be implemented in the Netherlands, then even if your relationship with your partner has not exceeded three years, you still have the right to retain your residency.

It can be seen that when partners break up, childless couples and childless couples are very different. It is not difficult to understand that underage children need the care of their parents.

However, if the child has reached the age of 18, but wants to live and reunite in the Netherlands, is there no way?

Please pay attention to the next series, and we will continue to update the tips for you to apply for a Dutch residence card under other circumstances.

No matter what situation you are in at present, don't give up on yourself, and do everything best first.

However, after reading the general situation above, do you think it is a blessing! It doesn't seem so difficult to apply for a residence card in the Netherlands. Opportunities are everywhere?