Best Dependent Visa Lawyers in Spier

About Dependent Visa Law in Spier, Netherlands

The term dependent visa in the Netherlands generally refers to a residence permit for family reunification or family formation. Spier is part of the municipality of Midden-Drenthe, and applications from Spier follow national immigration law and policy, handled by the Immigration and Naturalisation Service, known as IND. A dependent may be a spouse, registered partner, unmarried partner in a long-term and exclusive relationship, minor child, or in limited situations another family member under strict conditions.

There are two main legal routes. If the sponsoring family member is an EU, EEA, or Swiss citizen using free movement rights, the application is based on EU law. If the sponsor is Dutch or a non-EU national with a residence permit, the application is based on Dutch national law. Many applicants from outside the EU first need a long-stay entry visa called an MVV and use a combined entry and residence procedure known as TEV. The specific rules depend on the sponsor’s status, your relationship, your nationality, and whether you already hold lawful residence in the Netherlands.

Why You May Need a Lawyer

Many family applications are straightforward, but legal help can prevent delays and refusals. Consider consulting a lawyer if any of the following apply:

- Your sponsor’s income is close to the minimum requirement, is variable, or comes from self-employment or a new job. Proving sustainable income can be complex.

- You and your partner are not married and need to evidence a durable, exclusive relationship with documents and history.

- Your documents were issued abroad and need legalization or apostille, verified translations, or authenticity checks.

- You may need an MVV and are unsure about the TEV steps, timing, or the basic civic integration exam abroad and possible exemptions.

- You have prior immigration refusals, overstays, or criminal record issues that trigger public order assessments.

- You are applying for a child from a previous relationship and need consent from the other parent or a court order for custody and relocation.

- You are deciding between the EU law route and the national law route and want to understand eligibility, timelines, and fees.

- Your relationship has ended or there is domestic violence and you need to explore an independent residence permit to stay lawfully.

- IND has requested additional evidence, intends to refuse, or has refused your application. A lawyer can file objections, appeals, or urgent measures.

Local Laws Overview

- Sponsor requirements: The sponsor must usually be at least 21 years old, lawfully resident in the Netherlands, and able to demonstrate independent and sustainable income around the statutory minimum. Different categories have specific proof standards, especially for self-employment or recent employment. Family members of some categories, such as highly skilled migrants and researchers, follow tailored rules.

- Relationship recognition: Marriages and registered partnerships performed abroad must be valid under local law and recognized in the Netherlands. Legalization or apostille and certified translations are often required. Unmarried partners must usually prove a long-term and exclusive relationship and an intention to live together at the same address in the Netherlands.

- Entry and MVV: Many non-EU nationals need an MVV for entry. The combined TEV application is filed with IND, often by the sponsor in the Netherlands. The statutory decision period is up to 90 days. Some nationalities are exempt from the MVV requirement.

- Civic integration: Many family migrants fall under the Civic Integration Act. Depending on your situation, you may need to pass integration exams within a set period after arrival. Some applicants must first take a basic civic integration exam abroad before an MVV is issued, with exemptions for specific nationalities or qualifications.

- Biometrics and TB test: After arrival, biometrics are taken for the residence card. Some nationalities must undergo a tuberculosis test within a set timeframe after entry, arranged through the municipal health service.

- Work rights: Work authorization for dependents depends on the sponsor’s permit category and the labor market endorsement on your residence sticker or card. Many family members have broad work rights, while some categories may face restrictions. Always check the exact endorsement and, if needed, seek legal advice.

- Residence duration and renewal: A family residence permit is typically linked to the sponsor and may be granted for up to 5 years. It can be renewed if conditions continue to be met. After a qualifying period of lawful stay, you may apply for permanent residence if you meet all conditions, which can include civic integration.

- Changes in circumstances: You must report changes, such as ending the relationship, change of address, or change in employment, within the deadlines set by IND. Non-compliance can affect your status.

- Local steps in Spier: After moving to Spier, register at the municipality of Midden-Drenthe to receive a citizen service number. The closest IND desks for biometrics and residence card services are commonly in cities such as Groningen or Zwolle. Regional support is available through the Expat Center in the Northern Netherlands and the provincial public health service in Drenthe.

Frequently Asked Questions

Who can qualify as a dependent under Dutch rules?

Common dependents include a spouse or registered partner, an unmarried partner in a proven long-term and exclusive relationship, and minor children. Other family members, such as parents or adult children, are only eligible in limited and exceptional cases with strict dependency criteria.

Do I need an MVV to enter the Netherlands for family reunification?

Many non-EU nationals need an MVV for stays longer than 90 days. Some nationalities are exempt. If you need an MVV, your sponsor usually files a TEV application with IND in the Netherlands. The decision period is up to 90 days.

How long does the application process take?

IND generally has up to 90 days to decide on a TEV or residence application under national law. EU family member applications have different timelines. Actual processing can vary based on caseload, completeness, and whether IND asks for more evidence.

What documents are typically required?

Expect to provide proof of identity and nationality, legalized or apostilled civil status documents such as marriage or birth certificates with certified translations, relationship evidence for unmarried partners, sponsor income and employment proof, housing and registration plans, and antecedents declarations. Extra documents may be required for children, such as consent from the other parent or court orders.

Do I have to pass a language or integration exam before arrival?

Some family migrants must pass a basic civic integration exam at the Dutch mission abroad before an MVV is issued. There are exemptions based on nationality, education, or other grounds. After arrival, many family migrants must complete civic integration within a set period.

Can a dependent work in the Netherlands?

Work rights depend on the sponsor’s permit and your residence endorsement. Many family members can work without a work permit, while some categories have restrictions. Check the labor market note on your residence sticker or card and confirm with IND or a lawyer.

Can I switch from a short-stay or visa-free entry to a dependent residence permit from within the Netherlands?

This depends on your nationality and circumstances. Many applicants must apply from abroad using the MVV. Some nationalities or categories can apply from within the Netherlands. Seek advice before traveling or filing to avoid unlawful stay.

What happens if my relationship ends or there is domestic violence?

You must inform IND about relationship changes. In certain situations, such as domestic violence or after a qualifying period of relationship and residence, you may qualify for an independent permit. Prompt legal advice is essential to protect your status.

Can I bring my child from a previous relationship?

Yes, under conditions. You must usually show legal custody and, if applicable, the other parent’s consent or a court order allowing relocation. IND may request DNA testing if documents are insufficient to prove the parent-child relationship.

How much income does the sponsor need to show?

The sponsor typically must have independent and sustainable income around at least the statutory minimum for family reunification. The exact threshold changes over time and evidence requirements are strict. Self-employment, new jobs, and variable pay need careful documentation.

Additional Resources

- Immigration and Naturalisation Service IND: National authority that decides MVV and residence applications, provides forms, fees, and policy updates.

- Municipality of Midden-Drenthe: Local registration for residents of Spier, including BSN and address registration.

- Expat Center Northern Netherlands: Regional support for internationals with practical guidance on registration and settling in.

- GGD Drenthe: Provincial public health service that handles TB testing where required.

- DUO Civic Integration: Government body that administers integration obligations and exams for newcomers.

- The Legal Aid Board Raad voor Rechtsbijstand and Het Juridisch Loket: Information on legal aid and how to find affordable legal advice.

- Dutch specialist migration lawyer associations and the Netherlands Bar Association: Useful for locating experienced immigration lawyers.

Next Steps

- Map your route: Confirm whether you apply under EU law or national law, and whether you need an MVV. Check timing based on your passport and travel plans.

- Gather documents early: Obtain legalized or apostilled civil status documents and certified translations. For children, arrange consents or court orders. Keep copies of everything.

- Check income and housing: Make sure the sponsor meets income and sustainability rules. Prepare contracts, payslips, bank statements, or business accounts as applicable.

- Plan appointments: If MVV is required, plan for the basic civic integration exam abroad if applicable. In the Netherlands, plan IND biometrics, municipal registration in Midden-Drenthe, and any required TB test with GGD Drenthe.

- Review work and insurance: Verify labor market rights on your residence endorsement. Arrange Dutch health insurance when you become subject to the Dutch system.

- Get legal help when in doubt: If your case is not straightforward or timing is tight, speak with a Dutch immigration lawyer familiar with family permits in the Northern Netherlands.

- Monitor deadlines and updates: IND fees and thresholds change periodically. Track correspondence from IND and respond promptly to document requests.

This guide is general information. For advice on your specific situation, consult a qualified immigration lawyer.