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Dutch government reverses decision on partner rule change

Dutch government reverses decision on partner rule change

On 1 October 2012, the Dutch government put new rules into place regarding family migration, one of which involved limiting the possibility of family reunification and family formation to nuclear families (i.e. spouses / registered partners and children). The previous partner policy, and the policy on extended family reunification, including the policy on the elderly and the policy on family visits, were abolished as of October 1.

However, the new Dutch government decided in its coalition agreement that a long-term and exclusive relationship is sufficient for family reunification and family formation, and has announced that the partner policy that existed before October 1 will be reinstated.

The government will have to amend the Aliens Decree as a result, and aims to put such an amendment into effect by April 2013. During the transition period, all applications for or advice requests concerning residence with a partner received by IND on or after October 1, 2012 will be assessed on the basis of the partner policy as applicable on September 30, 2012. If all conditions are met, the application will be granted.

Meanwhile, the policy on extended family reunification, which includes the policy on the elderly and the policy on family visits, no longer apply, and applications and requests for advice based on these abolished residence purposes and received on or after October 1, 2012 will in principle be rejected.

Carly Blair

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Carly Blair

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