Best Dependent Visa Lawyers in Ommen
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Find a Lawyer in OmmenAbout Dependent Visa Law in Ommen, Netherlands
In the Netherlands the term dependent visa usually refers to a residence permit for family members. This allows a spouse, registered partner, unmarried partner, and minor children to live with the sponsor who is lawfully residing in the Netherlands. The rules are national and apply in Ommen as they do everywhere in the country, with the Immigration and Naturalisation Service known as IND as the competent authority. Depending on your situation you may apply under national family rules for Dutch or non-EU sponsors or under EU free movement rules for certain EU or EEA citizens. Many applicants first need a provisional residence permit known as an MVV to enter the Netherlands and collect their residence card. Others who are exempt from the MVV requirement can apply while in the Netherlands.
The family residence permit is normally tied to the sponsor. Its duration usually matches the sponsor’s residence right and can be renewed. After a number of years of lawful residence you may qualify for a more independent status or even permanent residence, subject to conditions such as passing the civic integration requirements and maintaining continuous lawful stay.
Why You May Need a Lawyer
Family migration is paperwork heavy and deadline driven. A lawyer can help you determine the correct legal route, for example national family rules or EU law, and identify who needs an MVV. Counsel is especially valuable where there are previous visa overstays or refusals, criminal record issues, or questions about lawful entry and residence while an application is pending.
Income and document requirements are strict. A lawyer can advise how to meet the sufficient and sustainable income threshold, what counts as acceptable employment or business income, and how to deal with probationary contracts, temporary agency work, or recent job changes. They also guide you through document legalization and translation, for example marriage and birth certificates with apostille or consular legalization.
Complex family scenarios benefit from legal support. These include unmarried partners proving a durable and exclusive relationship, custody and consent for minor children, reuniting after divorce and remarriage, adoption situations, or bringing adult dependent children or parents which is only possible in limited hardship cases.
If the IND intends to refuse your application, a lawyer can respond during the view or objection phases and file timely administrative objections or court appeals. They can also advise on maintaining lawful stay during procedures, your right to work, and what to do if your relationship ends, including options for continued residence in cases such as domestic violence or the sponsor’s death.
Local Laws Overview
National immigration law applies in Ommen. The IND decides on applications, while the municipality handles civil registration. After arrival or approval you must register in the Municipal Personal Records Database known as BRP at the Ommen municipality and provide your address. Registration is required for issuance of your citizen service number known as BSN, access to health insurance, and municipal services.
Many applicants need an MVV entry visa before traveling. Exemptions include some nationalities, holders of certain residence permits, and family members of EU or EEA citizens in specific situations. If an MVV is required you usually use the combined Entry and Residence known as TEV procedure in which the sponsor files the request in the Netherlands and the family member collects the MVV at a Dutch mission abroad once approved.
Income must be sufficient and sustainable. In most family formation and family reunification cases the sponsor must earn at least the statutory minimum wage including holiday allowance, and the income must be expected to continue for at least 12 months. Social assistance cannot be relied on for meeting the income requirement. There are exceptions in protection related cases.
Proof of relationship is required. Married couples provide legalized or apostilled marriage certificates. Unmarried partners must show a long term and exclusive relationship and an intention to live together at the same address. For children, birth certificates, evidence of legal custody, and consent from the other parent may be required.
Some family members must pass the basic civic integration exam abroad before the MVV can be issued, particularly in family formation with a Dutch national or permanent resident. Exemptions exist based on nationality, education, age, or integration status.
Health requirements can apply. Some nationalities must undergo a tuberculosis test within three months of arrival through the regional public health service. In Ommen this is normally handled by GGD IJsselland. You also need to arrange Dutch health insurance shortly after registering at your address.
Work rights for family members depend on the ground of residence and are printed on the residence card as a labor market endorsement. Family members of certain sponsors, such as highly skilled migrants or researchers, often have free access to the labor market. Others may have restrictions. Always check the endorsement on your residence document for the exact authorization.
Processing times vary. The statutory decision period in most family cases is up to 90 days, though it can be extended. Fees are set by the IND and are updated annually. If you receive a negative decision, the deadline to file an objection is typically short, often within four weeks of the date on the decision letter.
Frequently Asked Questions
Who qualifies as a dependent under Dutch family migration rules
Eligible family members generally include a spouse, registered partner, unmarried partner in a durable and exclusive relationship, and minor children, including adopted children, subject to proof of custody and consent. Adult dependent children or parents can only qualify in limited and exceptional circumstances, usually when they are demonstrably and structurally dependent and there are compelling reasons why care cannot be provided in the home country.
Do I need an MVV to join my family in Ommen
Many nationals do. Whether you need an MVV depends on your nationality and current residence status. If you require an MVV your sponsor usually starts a combined Entry and Residence application in the Netherlands, and after approval you collect the MVV at a Dutch embassy or consulate. If you are exempt from the MVV requirement you may be allowed to apply from within the Netherlands.
What income must the sponsor show
In most cases the sponsor must earn at least the statutory minimum wage including holiday allowance, with income that is sustainable for the next 12 months. Employment contracts, recent payslips, and employer statements are standard evidence. Self employed sponsors provide recent tax assessments and financial statements. Reliance on social assistance does not meet the requirement. Specifics can vary by category and should be checked for your exact situation.
Which documents will I need
Common documents include passports, legalized or apostilled marriage or birth certificates, proof of relationship such as joint tenancy or communication history for unmarried partners, custody documents for children, a sponsor’s income evidence, and where applicable proof of passing the basic civic integration exam abroad. Foreign documents usually need apostille or consular legalization and a sworn translation into Dutch, English, French, or German.
Can I work in the Netherlands as a family member
Your right to work is shown on your residence card. Many family members, especially of highly skilled migrants and researchers, may work without a separate work permit. Others may have conditions or limits. Always read the labor market endorsement on your card and confirm with the IND or a lawyer if unsure, and ensure your employer registers you correctly.
How long does the process take and can I travel during it
The IND aims to decide family applications within about 90 days, but timelines can vary. If you need an MVV you normally wait outside the Netherlands until it is issued. If you applied from within the country and your current stay is lawful, you may receive a residence endorsement sticker to bridge the period. Travel while your application is pending can jeopardize lawful stay, so get advice before leaving.
Do I have to pass a Dutch language test
Some applicants must pass the basic civic integration exam abroad before receiving an MVV, especially in family formation with a Dutch national or permanent resident. There are exemptions based on nationality, education, age, or integration status. After arrival, most long term residents must complete civic integration within a set period unless exempt.
What happens if our relationship ends
Because your permit is tied to your sponsor, separation or divorce can affect your right to stay. In some cases you can apply for a continued residence permit, for example after a minimum period of cohabitation in the Netherlands, in situations of domestic violence, or if the sponsor dies. Seek legal advice immediately and keep evidence of your residence history and any relevant circumstances.
Can I switch from a visitor stay to a family residence permit inside the Netherlands
If you are exempt from the MVV requirement, an in country application may be possible. If you are not exempt you usually must leave the Netherlands and apply for an MVV abroad. Applying while on a short stay visa or visa free entry without meeting the exemption can lead to refusal and complications.
How do we handle registration and health steps in Ommen
After arrival and obtaining a place to live, register at the Ommen municipality for BRP and obtain your BSN. Arrange Dutch health insurance promptly. If required by your nationality, complete a tuberculosis test through the regional public health service GGD IJsselland within the applicable timeframe. Attend your IND biometric and card pickup appointments as instructed in your decision letter.
Additional Resources
Immigration and Naturalisation Service known as IND for applications, biometrics, residence documents, fees, and policy updates.
Ministry of Foreign Affairs for MVV issuance at Dutch embassies and consulates.
Municipality of Ommen for BRP registration, address updates, and civil status records.
Regional Public Health Service GGD IJsselland for tuberculosis testing and public health matters.
Het Juridisch Loket for free or low cost preliminary legal information for residents.
Raad voor Rechtsbijstand known as Legal Aid Board for information on subsidized legal assistance and eligibility.
EU Immigration Portal for general information on EU family reunification and residence rules.
Dutch Council for Refugees for guidance related to asylum family reunification where applicable.
Next Steps
Clarify your route and eligibility. Identify whether you apply under national family rules or EU free movement rules and whether an MVV is required. Check the sponsor’s residence status and whether the age and income conditions are met.
Gather documents early. Obtain legalized or apostilled civil status documents and arrange sworn translations where needed. Collect income proofs such as contracts, payslips, employer statements, or tax assessments. Keep proof of your relationship and cohabitation plans.
Plan the application timeline. If an MVV is required, coordinate with the sponsor to file the combined application in the Netherlands. If you are MVV exempt and applying from within the Netherlands, maintain lawful stay and do not travel without advice.
Consult a lawyer for tailored advice. A local or national immigration lawyer can assess risks, optimize evidence, prepare submissions, and protect your rights in case of a negative decision. Ask about expected fees, timelines, and the exact scope of assistance.
Prepare for arrival tasks. Arrange housing in Ommen, register at the municipality, take any required tuberculosis test with GGD IJsselland, secure health insurance, and attend IND appointments for biometrics and card collection. Verify the work authorization printed on your residence card before starting employment.
If you receive a refusal, act fast. Deadlines to object or appeal are short. Contact a lawyer immediately, keep all correspondence, and avoid missing dates that could affect your lawful stay.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.