In this video, I answer a frequently asked question: My partner is staying illegally in the Netherlands, but we want to submit an MVV application for family reunification. Is that possible?
Yes, it is. The IND usually does not reject an MVV application for a residence permit for family reunification solely because of previous illegal stay, as long as all other conditions are met. This means that a partner who is staying in the Netherlands without a valid residence status can still apply for an MVV in order to return legally.
When your partner leaves the Netherlands, an entry ban may be imposed. If there are no criminal offences, such an entry ban usually lasts one to a maximum of two years. If you then submit a residence application and meet all the conditions for the residence permit, the IND will usually lift the entry ban.
Please note: the IND can only lift an entry ban that was imposed by the Dutch authorities. If the entry ban was imposed by another EU country, that country must lift the ban first before the IND can approve an MVV application. It is therefore important to always leave via the Netherlands and not via another EU country, such as Belgium or Germany.
In short: previous illegal stay does not have to be an obstacle to family reunification through an MVV application. With the correct procedure and proper legal guidance, partners can still live together in the Netherlands.