Hoi hoi,
I am living in the NL, currently with a 'spousal' work permit (for ~2 years), which is attached to the MVV permit of my wife. However, we are in the process of separating, and will be seeking legal divorce. At this point, I would like to the stay in the Netherlands, regardless of whether she does.
What is the divorce procedure here -- I assume I do normal American divorce proceedings, and then reflect/update status in the NL? Is there a grace period after the process, or must I have already arranged a new work permit, or be prepared to leave ASAP?
Second, I am already a ZZP'er, both making furniture and consulting as a computer programmer. Is this likely to pass muster with the ZZP/Entrepreneurship visa program that's available? And how would I begin that process? If not, I assume that I would have to seek full-time employment from somebody willing to sponsor a totally new visa.
In any case, this is all sudden, and uncertain. Mainly I want to keep the rest of the life I've built in the Netherlands. Now I'm nervous and clueless.
Thanks,
-b
benomatic42 said:
Hoi hoi,
I am living in the NL, currently with a 'spousal' work permit (for ~2 years), which is attached to the MVV permit of my wife. However, we are in the process of separating, and will be seeking legal divorce. At this point, I would like to the stay in the Netherlands, regardless of whether she does.
What is the divorce procedure here -- I assume I do normal American divorce proceedings, and then reflect/update status in the NL? Is there a grace period after the process, or must I have already arranged a new work permit, or be prepared to leave ASAP?
Second, I am already a ZZP'er, both making furniture and consulting as a computer programmer. Is this likely to pass muster with the ZZP/Entrepreneurship visa program that's available? And how would I begin that process? If not, I assume that I would have to seek full-time employment from somebody willing to sponsor a totally new visa.
In any case, this is all sudden, and uncertain. Mainly I want to keep the rest of the life I've built in the Netherlands. Now I'm nervous and clueless.
Thanks,
-b
If you are devorcing your wife/sponsor then your Residence permit will no longer be valid.
I don't know anything about how the divorce procedures relate to how soon your residence permit will become invalid. I think you need to talk to a divorce lawyer as well as an immigration lawyer and get your ducks in a row.
These are your options:
-You can apply for a residence permit based on the DAFT (Dutch American Friendship Treaty. This allows you to set up a business here and you will have a Residence Permit based on this treaty. If you already have a business - this would be a good option, but I hear it's tricky so hire an immigration lawyer to help you.
- You can find a job that will sponsor you for a KM permit - which doubles as Residence Permit and a Working Permit. Of course, these jobs are hard to come by.
- You can apply for an Independant residence permit .. but I believe you can only get this if you have lived here legally for 3 years so that means you would be 1 year shy of this.
These are the only options that I know for you to try.
benomatic42 said:
Second, I am already a ZZP'er, both making furniture and consulting as a computer programmer. Is this likely to pass muster with the ZZP/Entrepreneurship visa program that's available? And how would I begin that process? If not, I assume that I would have to seek full-time employment from somebody willing to sponsor a totally new visa.
-b
If your IT skills are suffiently advanced, it's possible to find a job as a highly skilled migrant. Not so likely for furniture manufacture.
If you are an American citizen, then it's possible for your current business activity to support an application for a residence permit under the Dutch American Friendship Treaty. In immigration terms, you would be changing your purpose of stay from partner to DAFT self-employment. If you are separating from your partner, then it would be a good idea to start this process right away. Otherwise, when IND realizes that you are not in a relationship anymore, they'll start proceedings to revoke your permit. You can protect yourself from this by changing your status, which will remove your partner from the equation. Getting professional advice is a good way to increase your chances of a successful transition.
Christian Barth, Attorney
christianbarth said:
Otherwise, when IND realizes that you are not in a relationship anymore, they'll start proceedings to revoke your permit. You can protect yourself from this by changing your status, which will remove your partner from the equation. Getting professional advice is a good way to increase your chances of a successful transition.
Christian,
Do you have any idea whether I initiate general divorce proceedings in the US or in the NL? And do you know whether there is any grace period from the time that the relationship is officially over?
Thanks,
ben
13thnote said:
I'll need to let my advocaat know that then, but she certainly seems to be under the impression that if you've lived in NL for the past year as a married couple, you are eligible to file for an international divorce in the Netherlands. I was married in Scotland and will file here with Dutch law applying in all areas possible. I'm satisfied that my advocaat knows what she's doing. It could be different for non-EU citizens. Initial appointment with an advocaat is usually free, so probably best to seek some official advice and check out the actual applicable laws and proceedings.
Your advocaat is correct. If you live in the Netherlands, you file for divorce in the Netherlands-- it doesn't matter where you got married. If you got married in another jurisdiction at a time when you were both living in that other jurisdiction and there are other factors tying one or both of you to that jurisdiction (i.e., you're not just two Dutch people who got married in Las Vegas while you were on vacation there) the Dutch divorce judge will apply that foreign law, not Dutch law, to the division of property and other aspects of the divorce (as long as that foreign law isn't objectionable to Dutch law). So going back to the jurisdiction where you got married might not only be impossible (if that jurisdiction doesn't allow you to file for divorce as a non-resident) but doesn't necessarily give you any special advantage.
Jeremy Bierbach, LLM
www.immigrate.nl
