Fri. Jan 10th, 2025

What Is the Verification Against EU Law Visa? A Guide for Expats in the Netherlands

Moving to the Netherlands as a non-EU family member of an EU citizen offers various pathways to residency. One such option is the Verification Against EU Law (VAL) visa. This visa is a key step for individuals seeking to live and work in the Netherlands based on their relationship with an EU citizen exercising their treaty rights. Here’s a detailed guide to help you understand the VAL visa and navigate the application process.

What Is the Verification Against EU Law Visa?

The Verification Against EU Law visa is designed for non-EU family members of EU citizens who are living in the Netherlands. It allows these individuals to reside and work in the country while their right of residence is verified against EU regulations. This visa is based on the Free Movement Directive (Directive 2004/38/EC), which promotes the mobility of EU citizens and their family members within the European Union.

Who Can Apply for the VAL Visa?

The VAL visa is intended for:

  • Spouses and Registered Partners: Legal spouses or registered partners of EU citizens.

  • Unmarried Partners: Unmarried partners in a durable relationship with an EU citizen, provided they can demonstrate the relationship’s authenticity and stability.

  • Children: Biological or adopted children under the age of 21 who are dependents of the EU citizen.

  • Other Dependents: Parents or other relatives who are financially dependent on the EU citizen.

Key Benefits of the VAL Visa

  1. Right to Reside: Non-EU family members can legally reside in the Netherlands while their application is processed.

  2. Work Authorization: The VAL visa grants the right to work in the Netherlands without requiring a separate work permit.

  3. Family Reunification: The visa ensures that families can stay together while complying with EU free movement laws.

  4. Access to Dutch Benefits: VAL visa holders can access social benefits such as healthcare and education.

Eligibility Requirements

To qualify for the VAL visa, you must:

  • Be a family member of an EU citizen residing in the Netherlands.

  • Prove that the EU citizen is exercising their treaty rights by working, studying, or being financially self-sufficient in the Netherlands.

  • Demonstrate a genuine relationship if you are an unmarried partner.

How to Apply for the VAL Visa

1. Gather Required Documents

Prepare the following documents for your application:

  • Valid passport

  • Proof of relationship (e.g., marriage certificate, partnership registration, or evidence of cohabitation)

  • Proof that the EU citizen is exercising treaty rights (e.g., employment contract, payslips, or proof of enrollment in education)

  • Evidence of financial self-sufficiency, if applicable

  • Recent passport-sized photos

2. Register with the Municipality

Before applying for the VAL visa, register with your local municipality (gemeente) to obtain a BSN (Burger Service Number).

3. Submit Your Application to the IND

File your application with the Dutch Immigration and Naturalisation Service (IND). This can typically be done online or via mail. Include all required documentation and pay the applicable processing fee.

4. Await the Decision

The IND will review your application to verify compliance with EU law. Processing times may vary, but you are legally allowed to stay in the Netherlands while your application is being assessed.

Common Mistakes to Avoid

  • Incomplete Documentation: Ensure all documents are accurate and up-to-date.

  • Failing to Register: Registering with your municipality is a critical step that should not be skipped.

  • Insufficient Proof of Relationship: Provide comprehensive evidence of your family relationship or partnership.

Final Thoughts

The Verification Against EU Law visa is a valuable option for non-EU family members of EU citizens seeking to live and work in the Netherlands. By understanding the requirements and avoiding common pitfalls, you can ensure a smooth application process. If you need assistance, consider consulting an immigration expert to guide you through each step.

 

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