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Family reunification restrictions postponed

Proposed restrictions on family reunification have not taken effect per 1 July, but are postponed by the Minister until 1 October 2012. The changes will affect people who wish to bring their unmarried partners, parents or children to the Netherlands.

 

Some of these changes are:

 

1. The following categories of aliens no longer qualify for a residence permit for family reunification:

 

- Unmarried partners;

- Children who are of age;

- Parents of children of age who reside legally in the Netherlands.

 

Dutch nationals or non-Europeans who wish to bring their unmarried partners to the Netherlands should get married first. For people who cannot marry abroad (such as homosexuals) a special temporary permit will be created to get married in the Netherlands.

 

Exclusion from the above categories does not apply to Union citizens or Dutch nationals who have exercised their Union right (for instance because they have cohabited in another EU Member State).

 

2. A one-year waiting period will be introduced for married partners. This means that the individual in the Netherlands who wishes to bring his or her spouse to the Netherlands must have resided in the Netherlands for at least one year before he or she can bring his partner to the Netherlands.

 

This rule will not apply to family members of highly skilled migrants or holders of blue cards, family members of EU citizens, family members of third country nationals with long-term resident status, refugees and Turkish nationals who hold rights by virtue of the EC-Turkey Association Agreement.

 

3. Parents residing in the Netherlands who have a child outside the Netherlands must apply for a residence permit or provisional residence permit for their child within six months. Before, this term was nine months.

 

Any applications for a (provisional) residence permit filed before 1 October 2012 will be reviewed based on the current laws.

 

General elections, due to take place prior to 1 October 2012 (on 12 September 2012), may affect the composition of parliament. It is therefore possible that parliament will address this issue again after the elections.

 

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