0

I applied for a permit to stay in the Netherlands with my wife, I was previously studying in Budapest and we married here in Netherlands. We applied for the permit a month before my resident permit was to expire. While waiting for the decision, the permit did expire.

Now I'm in the Netherlands with my wife, the application was rejected on basis that I need MVV to be able to come in again to the country since my old residency in Hungary has expired.

Now I can't travel to Home county Nigeria as its not safe over there for me.

My question is, is there any country in Europe that can issue a non EU citizen having EU citizen as family a permit for family unification even when my permit from Hungary expired 6months ago?

Improve this question
4
  • 3
    What is the citizenship of your wife?
    – Mark Johnson
    Commented Feb 11 at 14:24
  • I have edited the title and text of your question to improve readability. I tried to not change the meaning and explanation in your question. If you disagree with my edits, you can roll back (that is, un-do) my changes by using the "Edit" button below the question, and then finding and choosing "rollback" which will return the question to your original text.
    – DavidRecallsMonica
    Commented Feb 11 at 21:54
  • Is your wife a Dutch national? Do any of the MVV exemptions apply to you? Have you consulted an immigration lawyer?
    – Traveller
    Commented Feb 12 at 9:13
  • Can is the wrong question. EU governments can give just about anyone a residence permit if they want to. The much better question would be if any state regularly does so.
    – o.m.
    Commented Feb 12 at 15:18

1 Answer 1

Reset to default
1

You shouldn't need an MVV if your wife benefits from European Union's "citizens' rights directive," that is, if she is not Dutch and is an EU or EEA citizen, or Swiss. She may also benefit from the directive if she is Dutch but you established your relationship while she was living in Hungary (or another EU or EEA country other than the Netherlands). If this is the case and the Dutch authorities think you need an MVV then perhaps they don't have all the facts, or perhaps you need a lawyer.

If your wife is not an EU, EEA, or Swiss citizen, or if she is Dutch and has never lived elsewhere in the EU, EEA, or Switzerland, then you probably do need an MVV. If she is Dutch, however, the two of you can move to another EU or EEA state with minimal requirements and without your having to go to Nigeria. Switzerland is also an option, but the administrative requirements are somewhat greater.

If your wife is from outside the EU then she'll have to establish residence in another EU country before that country will consider you for family reunification. This might be relatively easy if she has long-term residence in the Netherlands; otherwise it will probably be difficult and time consuming.

Another possibility if you cannot return to Nigeria, depending on why it's unsafe, could be to apply for asylum.

Improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.