If you want to apply for a partner residence permit for your unmarried partner, one of the most important documents you will need is the certificate of unmarried status. In this blog, I explain what this document entails, when it is required, and how you can obtain it for the residence permit application with the IND.
What is a certificate of unmarried status?
The certificate of unmarried status is a document confirming that your partner is not married. It is an important document for applying for a partner residence permit with the IND. Depending on your partner’s country of origin, obtaining this document can sometimes be quite challenging. In most cases, the document must also be legalised before it can be used in the Netherlands.
When do you need a certificate of unmarried status?
The IND requires a certificate of unmarried status when applying for a residence permit for your partner if that partner is not married to you. The certificate must show that your partner has no legal impediment to entering into a relationship with you, the sponsor.
The certificate of unmarried status must be submitted from the country of origin, meaning the country of which your partner has the nationality. If, at the time of application, your partner lives in another country where they are allowed to stay for at least three months (the so-called country of habitual residence), a certificate of unmarried status from that country must also be submitted.
You yourself, meaning the person with whom the foreign partner wants to live, do not need to submit a certificate of unmarried status if you are a Dutch national or if you hold a permanent residence permit or an asylum residence permit.
Forms of the certificate of unmarried status: different countries, different documents
The certificate of unmarried status can take different forms depending on the country that issues it. Not all countries issue a document literally called “certificate of unmarried status”. Examples include: ‘certificate of no marriage’, ‘single status certificate’, ‘declaration of unmarried status’, ‘certificate of non-impediment’, or ‘affidavit of no marriage’.
In some countries, you receive an extract from the population register, while in others you must obtain an affidavit (a sworn statement).
In countries where religion plays an important role, a statement from a religious authority or institution may be accepted as proof of unmarried status.
For example, if you have Indonesian nationality, you first request a statement from the neighbourhood or community head (lurah, ketua rukun tetangga or ketua rukun warga). This statement is then signed by the district head (camat).
If you are Muslim, you submit the signed statement to the Office of Religious Affairs (Kantor Urusan Agama, KUA). In return, you receive a valid certificate confirming that you are unmarried. If you are not Muslim, you submit the signed statement to the civil registry, which will issue a valid certificate of unmarried status.
In short, there are many variations.
Legalisation of the certificate of unmarried status
Once you have obtained the certificate of unmarried status, it usually needs to be legalised before it can be used in the Netherlands. Legalisation is generally carried out by means of a stamp or sticker from the competent authority in the country where the document was issued. Please note that this process can be time-consuming, so start arranging legalisation well in advance. It can take several weeks to complete.
Translation of the certificate of unmarried status
If the certificate of unmarried status is not drawn up in Dutch, English, French, or German, it must be translated into one of these languages. This can be done either in the Netherlands or abroad. In the Netherlands, the translator must be sworn by a Dutch court. On the website www.bureauwbtv.nl you can find a sworn translator. If the certificate is translated abroad, the translation usually also needs to be legalised.
When you cannot obtain a certificate of unmarried status
Sometimes it can be difficult to obtain a certificate of unmarried status, for example if your partner does not have the nationality of the country where they live. In such cases, you may need to look creatively for alternative ways to prove that your partner is unmarried.
What if you cannot obtain a certificate of unmarried status?
There are situations in which your partner cannot obtain a certificate of unmarried status, for example if your partner comes from the Philippines and is married, where divorce is not possible except in very exceptional circumstances. In such cases, your partner does not need to submit a certificate of unmarried status, but it is important to clearly explain the situation in the application to the IND.
Conclusion: preparation is key
Obtaining a certificate of unmarried status is a crucial part of applying for a partner residence permit. However, it can take some time, especially if the document needs to be legalised. Therefore, start your preparations early.
Do you have questions about applying for a residence permit for your partner or are you unsure about the required documents? Feel free to contact me. I am happy to assist you with advice and support in obtaining the correct documents and submitting your application to the IND.