July 26, 2012

The Dutch Government is re-introducing the family reunification measures that will substantially limit the ability of non-EU nationals to sponsor residence permits for unmarried partners and extended family. Implementation is expected to take effect on October 1, 2012.

What’s Changed?

To review a general summary of the family reunification measures, please refer to our earlier alert (http://www.pro-linkglobal.com/resources/immigration-alerts/2012/netherlands-significant-new-restrictions-on-family-reunification-and-time-abroad-allowance-reduced-for-resident-permit-holders-a194.aspx).

After much wrangling between the European Union (EU) Commission of Internal Affairs and the Dutch Government over the ability of the Netherlands to implement restricting unmarried partners and extended family members, the Dutch Immigration Service (IND) has issued a July 18th press release (http://english.ind.nl/nieuws/2012/20121805-gezinsmigratiemaatregelen-ingangsdatum-1-oktober-2012.aspx?cp=111&cs=46613) confirming full implementation of these measures will go into effect no later than October 1, 2012.

In addition, the July 18th press release also provides greater clarification on requirements and qualifications for obtaining a Temporary Wedding Permit.

ACTION ITEMS FOR EMPLOYERS

While it is expected that these new regulations will very much curtail ability for unmarried partners and extended family to immigrate to the Netherlands, the opportunity to obtain status in these situations will (again) soon be drawing to a close.

Companies who are considering assignees with non-traditional family members should carefully review present and future Dutch immigration regulations with their global immigration suppliers to determine if these types of assignments are in the best interests of the company and the employee.

Companies are also advised to closely monitor a Dutch assignee’s and family member’s “time abroad” outside the Netherlands if the assignee is considered for an assignment to another country, including to another EU-member country.

Starting October 1, 2012, Dutch residence permit holders should not remain outside the country for more than six consecutive months if assigned to another country. If it is anticipated an assignee and family will remain abroad for lengthy periods of time, assignees and family members will need to make return visits to the Netherlands in order to preserve their residence status.

Glenn Faulk, Global Knowledge Manager, has written this alert in coordination with our Dutch KGNM-V&A Group.

Caveat Lector | Warning to Reader

This content is provided for general information purposes only and does not constitute legal advice or final guidance for any immigration matter. Readers are reminded that a country’s immigration laws and requirements may change with little to no advance public notice. Questions regarding specific immigration matters should be addressed to your Pro-Link GLOBAL specialist.