Titre de Sejour in France for spouse of EU national?

[mefinfrance]

Hi,

I am a Dutch citizen living in France. I am planning on getting married to my Tunisian boyfriend, who just quit his job (he was working as a journalist in Egypt) and moved back to Tunisia in anticipation of relocating here. We were recently told that given the current situation in France and given that he is now unemployed, he is unlikely to get a visa to get married in France and if we get married in another country, it could take years before he is granted a visa to come live in France. Does anyone have any recent experience with this?


We were also told it might be easier for us to get married in Holland and have him apply for residence there. Is that possible if I myself am not a resident of Holland?

Thanks for any advice.

[gokulatti]

Have you and your boyfriend ever lived together outside the Netherlands? for at least 6 months and can you prove it? If yes then its easier for him to apply for 'unmarried partner' residence in Holland.

[mefinfrance]

We lived together in Cairo for about 8 months but have no way of proving it. We've been commuting between Paris and Cairo for the past two years. So marriage seems like the best option.

If we get married in Holland will he be able to get a Dutch residence permit, even though I am not resident there? Our lawyer thought he would be able to use that to come live in France and possibly convert it to French residence. But she's a French lawyer so wasn't sure about Dutch law.

Otherwise he could live with my family in Holland and commute to France.

[gokulatti]

We lived together in Cairo for about 8 months but have no way of proving it. We've been commuting between Paris and Cairo for the past two years. So marriage seems like the best option.
-Yes. Right now you and him do not have any legal connection and also cannot prove that he is your unmarried partner. Marriage is the best choice if not the only choice.

If we get married in Holland will he be able to get a Dutch residence permit, even though I am not resident there?
-Yes and No.
Yes you can get married in Holland but he will be asked to make a declaration when you give the notice of intent to get married in the respective city hall. The city hall will do a background check along IND and police and give the city hall a feedback if the marriage is/not one of convenience. Do not worry, it is only a standard process, Since your relationship is genuine you only need to show them proof of your relationship history. As you said your travels, pics, correspondence can come handy. The process can take a month and booking a date for the marriage ceremony can take anywhere between 1-6 months depending on what kind of marriage ceremony and registrar you need, because there is along queue. From what I experienced, if you shell out more $ you get dates closer.
https://www.government.nl/topics/marria ... etherlands

However, He can get a dutch residence permit not under EU law but under dutch law because you cannot trigger Surinder Singh as you cannot prove you lived in another any other country.

Our lawyer thought he would be able to use that to come live in France and possibly convert it to French residence. But she's a French lawyer so wasn't sure about Dutch law.
-Yes once he gets married he can come live with you in France and also apply for a french residence under EU law. for this to work a marriage should have already taken place.


Otherwise he could live with my family in Holland and commute to France.

-Once the marriage is done, he can come stay with you in france. And if he wants a french residence card under EU law he can apply for one if he wants one but not mandatory. Once the marriage takes place and you are working in france, you/directive 2004/38 gives him right to residence and not france. Applying for a residence permit in france is only a formality but not mandatory, so that its easier for him to prove to authorities say when he wants to work in france.

P.S
I don't know exactly how it hows but I think there is a way to bring in your boyfriend directly to france where you can do PACS and then he can stay for a year with you (during which he cannot work) and after the year is complete he can apply as a family member of eea national residence. Maybe someone with experience in french immigration might shed some light or ask your lawyer about it.

And i wish you all the best for marriage and good luck!

[mefinfrance]

Thank you so much. You're right, we could PACS, but because he is only on a short-stay visa and would likely not be granted another Schengen visa, he would be here illegally for that first year, which he doesn't want to do.

That's why the French lawyer thought we should get married in Holland, where I am a citizen. I was just not sure he would be granted residency there as I myself have never lived in Holland. But it sounds like you are saying that would not be a problem?

Thank you again for all your help and insight.

[gokulatti]

of course he can get married with you in holland. It should not be a problem but expect delay. Since you have never lived in holland, you might first need to do your BRP registration yourself in a city hall and get a BSN number. which is required for marriage. And once you are registered you will be able to select dates for wedding. Have you also considered getting married in his country?

[mefinfrance]

I have a BSN number. So that part should be okay.

It's not the marriage I'm concerned about, it's the Dutch residence card. Will he be given Dutch residence even though I don't live in Holland?

[gokulatti]

I have a BSN number. So that part should be okay.

It's not the marriage I'm concerned about, it's the Dutch residence card. Will he be given Dutch residence even though I don't live in Holland?

I don't think so. The requirements for his dutch permits are here https://ind.nl/en/family/Pages/Spouse-or-partner.aspx especially among other things " You are going to live with your partner and will register at the same address as your partner's." I am sure they can easily check if you stay in Holland or not. I would suggest after marriage wherever you decide it to be to use it to apply for residence in France under EU law. If you change you mind later to move back to Holland after having lived together in France. He can apply for dutch residence under EU law.

[mefinfrance]

Thank you.