In the previous article I wrote about the importance of the timely and precise registration of a person’s identity and other relevant facts and events in one’s life. In this article, I will explain the importance of being able to produce the required evidence of the person’s identity and the other facts.
For whom is this article relevant?
This article is relevant for everyone with the intention to unite with family-members from outside the EU. In procedures like that, when you want your children, partner or husband, to come to The Netherlands, there is one thing that you must be aware of.
What situation I am talking about?
Since The Netherlands nowadays more than before demands strict evidence of everything on which the application is based, the quantity and quality of the evidence that must be submitted must be perfect.
For instance. If you apply for a permit for your child to come over here, then it must be proven that the child is really your child. A birth certificate is the required prove of the parentage but only if the document is credible. If it is a late entry made just because you want to apply for a permit then it lacks credibility. You must then provide additional, solid and compelling evidence of parentage. That will be difficult because what other evidence can be provided about a person whose birth is not even properly registered? This situation easily becomes a serious problem that may not be solved.
Is this evidence issue also relevant for daily life matters?
It certainly is. Often I see that parents wait very long before they apply for a permit for family reunion. A permit can be granted because of exiting strong emotional bonds between parent and child. In such a case one assumes that the parent will try to get family-reunion as soon as possible. In spite of that, I often see parents wait without a clear reason for many years before they file the application.
In cases like that, the Immigration Authority demands from the parents verifiable evidence that they have always kept the bond between parent and child strong by visiting the child on a regular basis, having contact in other manners, providing financial support and parental guidance to the child, and so on.
Sometimes the parents cannot submit much evidence. They did visit, did have contact and have not sent money in such a manner that they can prove. Then it becomes difficult to prove that the bond between parent and almost adult child is so strong that it is required to issue a residential status.
Because of that I want to warn everyone concerned that it is not wise to wait with family reunion for longer than strictly necessary. Also it is important that families realise that the burden of proof concerning the bond between the family members after a while shifts to the one who asks for family reunion.
So, be prepared for it and make sure that you can provide the evidence or better, apply as soon as possible.
Why apply as soon as possible?
We all know that over time, immigration law gets only more restrictive so there is nothing to gain by waiting for better times. For children it is also very important that they enter The Netherlands when they are as young as possible so that they can easily learn the language, complete a professional education and through that have career opportunities. Also, as already mentioned in this article, over time, more evidence of the family ties are required and that is sometimes hard to get if you are living an informal lifestyle without much administration.
What can the people do?
Everyone can start thinking about what still has to be done concerning the registrations that must be made for the family members. Do that as soon as possible and do it in the official manner. Also make sure that you keep all kind of evidence that shows you are still involved with your children. If you send money, keep evidence of that and do the same with other things.
Also, look at what the requirements for family reunion are at the website of the Immigration Authority. Just go to www.ind.nl and you will find most information you need. In general it is so that when you have a residence permit and enough income to support yourself, family reunion is possible. So why wait for many years if it can be settled now?
What to do when you want to visit our office?
Readers who are in need of legal support are welcome to visit our office for free consultation. This of course, only after you made an appointment. For an appointment call 070 427 3215 and explain to our Secretary what your question is.
Do not hold information back because our Secretary will decide if and when an appointment is possible and which of our lawyers is best qualified for the specific problem.
When you come to the appointment, bring all information that is available. Only then can we judge the case and do make good use of the time.
*A.G. Kleijweg ǀ Advocatenkantoor Kleijweg, Koninginnegracht 22 A, 2514 AB Den Haag ǀ Tel: +31 (70) 317 7700 ǀ www.advocatenkantooorkleijweg.nl ǀ firstname.lastname@example.org