Immigration and migration law

As an immigration lawyer, you can contact me for all your questions about immigration and migration law. As a migration lawyer, I can advise you or assist you with your application for a residence permit or with objections and appeals against a refusal. You can also rely on my assistance if your residence permit is revoked.

As an immigration lawyer, I can invoke EU directives and the EU Charter on your behalf. EU law takes precedence over national legislation. Sometimes national legislation conflicts with EU law, or Dutch laws and policies are too strict. This can work to your advantage by allowing you to override national legislation to meet certain requirements.

My office does not work with LAT or RATZ applications from the RvR.

Chávez application parent with child (EU)

In cases involving children with Dutch nationality or a nationality of another EU country, EU provisions, including Article 20 of the EU, can be invoked on behalf of the parent. This is known as the Chavez application, or officially, Chavez-Vilchez. This application can be submitted for parents who are together or parents who are no longer together but where the child has contact with both parents, even if one parent refuses contact.

The situation essentially means that, contrary to Dutch law, a Dutch or EU child is forced to follow their parent outside the EU because they have not obtained a residence permit. To assess whether a child must be forced to move, it must be determined which parent actually provides care for the child and whether the child is dependent on that care. The child's best interests, age, and relationship with the parents are taken into account, as well as the consequences of refusing a residence permit for the child. If the child is not forced to leave the EU, for example, if residence in another EU country is possible, this application cannot be invoked. This matter is currently being litigated before the Court of Justice.

As a Chavez's lawyer, I can assist you with these matters, including the application, objections, or appeals to the court. Many cases are wrongly rejected due to insufficient evidence. Substantiating care and parenting responsibilities and dependency can be very difficult without the help of a lawyer. From the moment you submit this application, you have legal residence and are permitted to work until the decision is made. Even if you don't have a passport, a letter with proof can be arranged.

It has now become clear that the EU residence permit is not temporary. However, it is not easy to maintain residence after reaching the age of majority, unless the residence has been longer than five years.

This assistance in the application fase cannot be done on government payment in my office. Any subsequent objections and appeals can.

Application for residence permit or MVV spouse or partner (article 8 ECHR and article 7 EU)

If you require assistance with applying for a residence permit for a spouse, a residence permit for a partner, or an MVV, I can assist you as a lawyer. Many people appreciate assistance with their application, as finding the correct documents and forms can be challenging. As a lawyer, I can handle the entire process, or simply assist and provide guidance and advice on your own application.

Article 8 of the ECHR (Family Life) applies to this application: the right to maintain family life. Due to the income requirement, obtaining a residence permit is not always easy. Sometimes people have an income that is not legally high enough, but with which they can support themselves without relying on social assistance. In these cases, invoking EU directives and case law (EU law) can be a solution. European rules on family reunification are often less strict than Dutch laws. EU law takes precedence over national law.

In some cases, you may only receive benefits (UWV), but for example, no prospect of recovery in the coming years. In these cases, too, we can work together to try to find solutions. There are often special circumstances that may be relevant. This depends heavily on the personal and medical situation. Therefore, assistance from medical experts is crucial. We can explore the possibilities together.

It's also not always possible to apply for an MVV from your country of origin, or someone might already be in the Netherlands. This can also lead to problems with the integration exam. In some cases, you can try to request an exemption from the MVV requirement and the integration exam. This is certainly not easy, and not advisable, but there are always special situations that we can discuss.

In some cases, a residence permit can also be applied for by a parent with a child. This can sometimes be useful if the partner or spouse does not meet the income requirement. If there is contact and/or access to the child, the parent can apply for a residence permit with that child, as deportation could violate Article 8 of the ECHR. In such cases, it is important to demonstrate that family life cannot be maintained outside the Netherlands. This can sometimes be very difficult. Especially if the parents are no longer together, the cooperation of the other parent may be required. I can also advise you, if necessary, on the EU route to Germany and the EU route to Belgium.

This assistance in the application fase cannot be done on government payment in my office. Any subsequent objections and appeals can.

Application for a residence permit or MVV for a child or foster child and other family members (article 8 ECHR)

I can assist you with the application for a residence permit for a child living with their parent(s) under Dutch law. The forms and supporting documents can sometimes be complex, and the assistance of a lawyer is often helpful. I can provide advice or assist and guide you through the application process, and also submit it for you. Applying for a minor is naturally easier than for an adult child. Children up to 26 years of age are also eligible to apply. This depends on the family situation before departure from their country of origin. This is therefore particularly relevant in family reunification cases. If an application for family reunification for children or parents is rejected, you can contact me.

You can also contact me for applications for other family members (e.g. mother/father). However, applying for these is much more difficult and highly dependent on the evidence that can be obtained regarding family ties and dependency. In such cases, extensive (medical) evidence is often required, such as reports and letters from institutions to support the actual situation.

This assistance in the application fase cannot be done on government payment in my office. Any subsequent objections and appeals can.

Visa

If you want to invite family or friends from abroad for less than three months, this can cause many problems. In many cases, an application is wrongly rejected by the Dutch embassy abroad. A visa rejection can often be successfully appealed or objected to.

The Visa Department (IND) policy seems to be to reject as many applications as possible. One reason is insufficient social and economic ties. This means that the person who needs to come from abroad does not have a job, family, or assets, so it is unclear whether they will return on time. It is then important to demonstrate that this connection does exist. It is also argued that the purpose and circumstances of the stay are insufficiently substantiated, or that it is unclear whether the person will return on time. This is often due to discrepancies in the application forms. In many cases, legal action can be useful if the appeal is wrongly rejected. The real reason however is usually not clear until reading the full lawyers file. So contacting a lawyer is very important in these cases and not to experiment alone.

Most visa matters can only be handled at my office by payment. Please also note that I cannot assist with the visa application.

Termination of residence permit

If your right of residence (EU national or Union citizen) is at risk of being terminated under Article 8.12 of the Aliens Decree, you can submit a statement of objections or file an objection. Often, right of residence is terminated because people from EU countries receive social assistance benefits. According to the Immigration and Naturalization Service (IND), this is in violation of Directive 2004/38. The IND verifies this based on the registration in the Municipal BRP. Often, the municipality itself also reports a benefit under the Participatiewet. Many people are unaware that they are not eligible for social assistance benefits. Receiving a different benefit need not be a problem. There are often ways to address this matter or consider alternative solutions.

Changing residence status

If you hold a residence permit with a specific purpose of stay, you can change it to a different purpose of stay. Consider situations like your relationship ending, getting a new partner or child, or domestic violence, or you're currently studying, but your studies have ended. There are many situations where one residence permit needs to be converted into another. Contact me for information and advice.

This assistance in the application fase cannot be done on government payment in my office. Any subsequent objections and appeals can.

Medical and article 64

Submitting a medical application can be very complex. Obtaining a deferment of departure under Article 64 of the Aliens Act (Vw) is also not easy. I can assist you with such an application. These are often very complex cases that require extensive medical preparatory work. Therefore, such an application often needs to be submitted in collaboration with third parties, such as doctors and psychologists.

This assistance in the application fase cannot be done on government payment in my office. Any subsequent objections and appeals can.

Humanitarian situations

For some individuals, a specific residence permit cannot be requested because they do not meet the conditions. However, there is a special category for very exceptional or humanitarian circumstances. Consider, for example, individuals who have resided here for many years without being deported. Sometimes, a right of privacy under Article 8 of the ECHR can be invoked, for example, if the individual is fully integrated into society and is part of it. Gathering evidence of this is very difficult and time-consuming. A residence permit on these grounds is rarely granted, making it difficult to gather reliable evidence. The lack of a passport can also lead to problems.

This assistance in the application fase cannot be done on government payment in my office. Any subsequent objections and appeals can.

SIS removal

In some cases, a negative decision in the Netherlands can result in a SIS registration in the EU Schengen system. This can also cause problems in another EU country. For example, if you are eligible for a residence permit for study purposes in another country. It is then important to have the SIS registration removed as soon as possible. In many cases, the Immigration and Naturalization Service (IND) will only remove the SIS registration once you have actually left the EU and can prove this. This is also the case if the other EU country wants to grant you a residence permit but is unable to do so due to the registration. EU countries have the option of contacting each other, but rarely do so. Therefore, it is advisable to contact a lawyer. An application for removal of the registration can take approximately 6 to 8 weeks. If your application is rejected, I can file an appeal on your behalf, which can take up to 6 months.

I do not provide assistance with these matters on government payment. In most SIS cases, I work with a fixed fee for both the application and the appeal.

ECHR – European Court of Human Rights

If all domestic remedies have been exhausted, in some cases you can file a complaint with the European Court of Human Rights (ECHR) within four months of the last judgment of the Division. These are complex procedures that can take many years. Not every case is suitable for referral to the ECHR. At my office, I only handle cases involving violations of Article 8 of the ECHR. Please contact me to determine if your case is suitable.

Assistance with this complaint is available on government payment if you are eligible.