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As
stated on our homepage we're going to base the stories upon our own
experiences. The short term visa story we didn't experience because we
don't need a visa, so it's a story taken from my experience at work.
The story below we did experience and it will tell you how difficult it
is to get a stay permit for the Netherlands! Read it and weep!
When
Ran was still very small, but able to talk, we soon noticed that
she was able to understand the Dutch I spoke to her, but that she
didn't want to talk it to me. At first whenever she wanted something
from me she had to say it in Dutch before I did it for her, but this
also made her not like the language her father spoke. So at a very
early stage Yoko and I (well mainly me) decided that we wanted to let
her learn Dutch naturally by letting her go to a Dutch school for 1-2
years. As I have my work here it was decided to send Yoko to the
Netherlands so she also could learn Dutch. From the time we'd be a
family in Japan again we would be able to speak Dutch with the 3 of us
indoors and Japanese outdoors.
In
2003 the Dutch immigration laws changed radically and it was not so
clear anymore if Yoko would be able to stay in the Netherlands. Here in
Japan, if you're married to a Japanese (or related to in that matter)
then you're able to get a visa, well not anymore in the Netherlands. As
the situation had become unclear I decided to apply for an MVV
(Machtiging Voorlopig Verblijf = Permit for Temporary Stay). Japanese
people do not need this, they can just enter the Netherlands and apply
for a stay permit at their local city hall. The application was made in
February 2004 with a stay purpose of "Parental stay with Dutch child".
As Ran is a Dutch national she can stay in the Netherlands without any
problems, but who's going to take care of her when I'm not there? Of
course, the mother. I think every rationally thinking human being will
issue a permit on the spot (providing I can prove that I have enough
income etc.), well not in the Netherlands. The official answer came at
the end of September 2004, a whole 7 months from our application. The
letter said that no existing laws apply to our situation and because
I'm not going to stay with my family in the Netherlands the application
was denied! If they would have told us before the summer we'd probably
had given up, but our complete mind was set upon going, so came
November 1st, we just went.
As
a Japanese national you don't need to apply for a visa, you simply
just go and apply for a stay permit at your local City Hall. When we
arrived in the Netherlands that's what we did. This time we applied for
a stay of "Family Reunion", as for this situation there are laws,
problem is, I have to live in the Netherlands. So when I went to
Holland for a conference in October I registered myself as living in
Holland. To make this completely legal I had to make sure to stay quite
some time there so I stayed in Holland in October (half of), November
(half of), December, January and yet again at the end of February and
beginning of March. We submitted the documents November 15th, the first
letter from the IND
(immigration and naturalization services) came on January 13th, we had
to submit proof of insurance and we had to submit our legalized wedding
certificate. At the time of application I already included our Dutch
wedding certificate, so I wrote a letter stating this fact, but for
their convenience I'd include a copy again. For insurance we had the
choice of either having our Japanese insurance policy completely
translated (which would cost a fortune) or simply buy an extra
insurance and include this as proof. We chose the latter of course. On
January 24th we received a letter from the IND again stating that the
wedding certificate we submitted was not the real wedding certificate
(?) but they found our wedding certificate in our previous MVV
application, so they'd be using that one (with the MVV application we
included the exact same one!). Another problem they thought was the
fact that I included proof of income received in Japan, if I could send
them proof of income received from work done in the Netherlands. Well
as I work for the Dutch Ministry of Foreign Affairs in Japan I have to
pay my taxes completely in the Netherlands. I get my "proof of yearly
income" from this Ministry and I included the 2003 one with my original
application. What more proof do they need? Together with a colleague I
wrote a letter to the IND and I hope they'll finally understand! We're
not planning to stay separated forever, it's just for a stay for 15-16
months, maybe even shorter....
Anyway,
we're still waiting for them to make a final decision and as
soon as I know, you'll know! I do know that if the answer is a negative
one, we'll have a lawyer file an appeal. During this appeal Yoko can
stay. Most ironic thing about this? If we'd have chosen to live in
either Germany or Belgium (just across the border) we'd have received a
permit just like that because in that case Ran is an EU citizen and
different laws apply! So if you're in the same situation as us, save
yourself the headaches and head for Belgium!
UPDATE
Well today, 29th of April
2005, I've received a call from my father stating that the final
letter from the IND has arrived. Our application has been rejected.
Yoko has to either leave the Netherlands or file an appeal within 28
days. The later we appeal the longer we can stay of course, so we plan
to file an appeal on May 23rd, 1 day before the 28 day period ends.
During this appeal Yoko may stay in the Netherlands without any
problem, now we just have to hope that the appeal will take about 6
months! Will keep you updated!
UPDATE
UPDATEYoko and Ran have come back to Japan a long time ago but still we have not received a conclusive answer to our appeal. Yoko had to go to City Hall to get a new sticker as her old one had expired. Of course she didn't go as she is no longer staying in Holland!UPDATE
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