Extending short-stay (tourist) visa in Netherlands?
 

A close family member with United States citizenship has been staying in the Netherlands with us beginning in August, and would like to stay on until December. This would result in him overstaying his Schengen tourist visa by about 20 days (he has been outside the Schengen area in the meantime)

1. What are the chances this would be a "problem" when departing from AMS? If it were a "problem" then what are the consequences?

2. Do you have any recommendations for otherwise extending the visa? We thought about either officially applying for residency (and then simply cancelling the process). Or apply for an extension based on Article 8 ECHR (to lead family/personal life).

1. The consequences could be a fine and/or a 1 year entry ban - https://ind.nl/en/Pages/entry-ban-re...irability.aspx

2. I'm not so sure what does Article 8 of ECHR have to do with a residence permit, but then I'm not pretending to be an expert on immigration rules, I would advise on carefully reviewing the IND website to find out what your options are, and/or consult with an immigration lawyer/expert.

The best option would be to fly to the UK and enter again then you have a few months extension. That is the cheapest option I think you can fly round trip for like 150 euros or even cheaper.

That won't help as the Schengen short stay visa is 90 days in 180 days period, so if you've been in Schengen 90 days, you will have to be in the UK at least 90 more before you can enter Schengen again.

Since when do US citizens need a Schengen visa?

Since they want to stay for longer than 90 days

I thought it was called something else (MVV or something like that?). Perhaps it's the same thing. But certainly it's the same result, more than 90 days requires a visa as you stated.

He needs to apply an authorisation for temporary stay (an MVV) as stated by JBord.

Apart from this, Family members are permitted to reside with their family in the Netherlands for up to 6 months. The following family members are eligible:

• spouses or registered partners
• Blood relatives up to and including the third degree
• Relatives by marriage up to and including the second degree.

It is recommended to consult with the immigration lawyer before taking any steps.

This is what we are assuming as well. Currently looking into how to go about doing this. We also need to figure out whether there are tax consequences (if the family member suddenly became tax liable, it may not be worth trying to overstay the visa for the 14-21 days).

Tax liability arises - as a rule of thumb - if you stay 183 days in a given country. Lots of rules, differences, exceptions, variations, so best check with someone. I'd just ring the local tax office.

As suggested above, call the IND, the immigration and nationalisation service. They can extend short stay visas and should be able to answer your questions

https://www.netherlandsandyou.nl/tra...-schengen-visa

Is the visitor to the Netherlands generating income in/from the Netherlands? If not, then a stay for 14-21 days more generally won’t make a difference in the tax situation for a person considered a resident of the US for tax purposes.