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EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 204
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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I live in South Africa and have recently obtained by Dutch

Customer Question

Hi, I live in South Africa and have recently obtained by Dutch passport. Am awaiting my daughters passport. My husband (south African citizen) and I are wanting to immigrate to the EU (at this stage not sure where.My question is, what would the procedure be in order for my husband to obtain a dutch passport?Kind Regards
Janine
Submitted: 1 year ago.
Category: European Law
Expert:  EULawyer replied 1 year ago.

Dear Janine,

Congratulations on obtaining your Dutch passport. It is natural that you would wish for your husband to obtain a Dutch passport as well. In order to have a Dutch passport, he will have to obtain Dutch citizenship first. Being married to you means that he receives the benefit of a shorter waiting period before citizenship can be obtained. The requirements for obtaining citizenship by marriage are as follows:

1. Living together married for an uninterrupted period of 3 years. The period you lived together married counts even if it happens abroad, he does not need to be resident in The Netherlands for this purpose. However, if he lives in The Netherlands he has to have a valid residence permit, always extended on time (i.e. no faulting of the residence rules);

2. He is aged 18 or over;

3. He is able to read, write, speak and understand Dutch. To demonstrate this, he has to prove he passed the Civic Integration Examination at level A-2 or, in some cases, he can obtain one of the relevant alternative diplomas (for more information see here: https://ind.nl/EN/individuals/residence-wizard/other-information/civic-integration);

4. In the previous 4 years he has not received a prison sentence, training or community service order or a large fine (of 453,78 EUR or more), and there are no criminal proceedings pending against him;

5. He is prepared to renounce his current nationality. When acquiring Dutch nationality, he will automatically lose his South African nationality and he will have to sign a statement agreeing to this;

6. He will have to attend the citizenship ceremony and declare his allegiance to The Netherlands.

The application for citizenship is reviewed by the IND. However, the application must be made to the town hall of the place of residence (in The Netherlands), which then forwards it to the IND. The relevant documents are: 1) a valid travel document (South African passport); 2) a valid residence permit; 3) a birth certificate (translated unless it is in Dutch, English, French and German, and legalised); 4) the Civic Integration Certificate or alternative diploma; 5) your marriage certificate (same as birth certificate, regarding translation and legalization); 6) your passport (to prove your citizenship); 7) proof of fee payment (the fees are detailed here: https://ind.nl/en/individuals/family/costs-income-requirements/Costs).

I believe it would interest you to know how to obtain legal residence for your husband before the 3 year term has expired, and even consider maintaining this residence for a while until he meets all the criteria and can afford the time and expense to go through the citizenship process. As a third-country national who is married to a Dutch citizen, your husband may apply for a long-term visa to live and work in The Netherlands. All the practical details for doing this are available here: https://ind.nl/EN/individuals/residence-wizard/family/marriage

Please note that, if you wish to live and work together directly in another EU/EEA country than The Netherlands he will not need to go through the visa process, but will have to check the rules for "third-country nationals who are family members of EU citizens" in that country. Your starting point for doing this should be this page: http://europa.eu/youreurope/citizens/residence/worker-pensioner/non-eu-family-members/index_en.htm

Once you have done this (i.e. lived for a while in another EU country) he should be able to assume residence in The Netherlands under these same EU rules, rather than the Dutch rules. It is your decision, based maybe also on a discussion with a tax professional, whether to go directly to The Netherlands or go to another EU country to live and work there.

I hope this message clarifies your options and that you will be able to pick the best option for your future together.

Best regards,

Dr. Ioan-Luca Vlad

Expert:  EULawyer replied 1 year ago.

Dear Madam,

I would appreciate very much a rating. I have worked hard to offer you a complete answer, and if you will not rate, then I would not get paid for my work.

Thank you,

Dr. Ioan-Luca Vlad

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