Go Back  FlyerTalk Forums > Destinations > Europe > Europe
Reload this Page >

Extending short-stay (tourist) visa in Netherlands?

Extending short-stay (tourist) visa in Netherlands?

Old Oct 7, 17, 2:41 pm
  #1  
Original Poster
 
Join Date: Jun 2004
Location: AMS (SEA, JNB)
Programs: Mucci Reperateur des Coeurs Brises
Posts: 4,107
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).
SchmeckFlyer is offline  
Old Oct 7, 17, 6:51 pm
  #2  
 
Join Date: Mar 2014
Location: JAX
Programs: UA 1K, Hilton Gold, Marriott Gold
Posts: 5,421
https://www.netherlandsandyou.nl/tra...-schengen-visa
TomMM is online now  
Old Oct 8, 17, 12:18 am
  #3  
 
Join Date: Mar 2016
Location: CPT,AMS
Posts: 3,728
Originally Posted by SchmeckFlyer View Post
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.
Ditto is online now  
Old Oct 8, 17, 1:14 am
  #4  
 
Join Date: Aug 2006
Location: Dubai/London/Hong Kong
Programs: QR Gold/CX Silver/EK Silver/EY Gold/Spire Royal Ambassador/Hilton Diamond
Posts: 182
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.
gametitans is offline  
Old Oct 8, 17, 1:58 am
  #5  
 
Join Date: Mar 2016
Location: CPT,AMS
Posts: 3,728
Originally Posted by gametitans View Post
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.
Ditto is online now  
Old Oct 8, 17, 6:57 am
  #6  
 
Join Date: Jan 2004
Location: Heraklion, Greece
Posts: 6,879
Originally Posted by SchmeckFlyer View Post
A close family member with United States citizenship...
Since when do US citizens need a Schengen visa?
KLouis is offline  
Old Oct 8, 17, 7:17 am
  #7  
 
Join Date: Mar 2016
Location: CPT,AMS
Posts: 3,728
Originally Posted by KLouis View Post
Since when do US citizens need a Schengen visa?
Since they want to stay for longer than 90 days
Ditto is online now  
Old Oct 8, 17, 10:39 am
  #8  
 
Join Date: Oct 2013
Location: ORD
Programs: UA Silver, Marriott Platinum/LT Platinum, Hilton Gold
Posts: 4,805
Originally Posted by Ditto View Post
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.
JBord is offline  
Old Oct 9, 17, 5:40 am
  #9  
 
Join Date: Jun 2017
Posts: 124
Originally Posted by SchmeckFlyer View Post
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).
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.
TheMadeTraveler is offline  
Old Oct 9, 17, 1:12 pm
  #10  
Original Poster
 
Join Date: Jun 2004
Location: AMS (SEA, JNB)
Programs: Mucci Reperateur des Coeurs Brises
Posts: 4,107
Originally Posted by TheMadeTraveler View Post
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).
SchmeckFlyer is offline  
Old Oct 10, 17, 1:33 am
  #11  
 
Join Date: Jan 2008
Location: HEL
Programs: lots of shiny metal cards
Posts: 9,520
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.
WilcoRoger is online now  
Old Oct 11, 17, 2:26 am
  #12  
 
Join Date: Oct 2012
Location: AMS-IST
Posts: 256
Originally Posted by SchmeckFlyer View Post
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).
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
dutchgirlDH is offline  
Old Oct 13, 17, 4:41 am
  #13  
A FlyerTalk Posting Legend
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 91,435
Originally Posted by SchmeckFlyer View Post
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).
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.
GUWonder is offline  

Thread Tools
Search this Thread
Search Engine: