In order to contain the coronavirus, on 16 March 2020, the European Commission proposed that non-EU citizens should be temporarily barred from entering the Schengen Zone. On the basis of this proposal, the Government of the Netherlands announced its own Proclamation on Suspension of Entry (hereafter: ‘corona virus entry ban’), as effective from 19 March 2020, 18:00. In general, this Proclamation applies to non-EU citizens. However, certain foreigners can be exempted from this entry ban. The most important exemptions are: family members of an EU/EEA citizen and non-EU citizens holding a valid residence permit or a Schengen Type D visa (also known as MVV visa in the Netherlands). In this article, we try to answer a number of Frequently Asked Questions.
1. If my employee holds a valid MVV visa, can he still enter the Netherlands irrespective of the ‘corona virus entry ban’?
Answer: Yes, this ‘corona virus’ entry ban does not apply to people holding a valid MVV sticker or a valid residence card.
2. My Indian staff’s MVV visa is about to expire in a few days. Her flight to the Netherlands has just been cancelled. What can she do?
Answer: Under special circumstances, the validity of the MVV visa can be further extended, meaning that it is possible to ask the Dutch Embassy/Consulate to issue a new MVV visa. Our advice is to contact both the relevant Dutch Embassy and the decision officer of the IND and explain the special situations.
3. My employee’s MVV application has been approved. Due to the outbreak of the corona virus, she cannot travel to the Dutch Embassy to pick up her MVV visa in time. What should she do?
Answer: Many Dutch Embassies have stopped issuing MVV visa due to the outbreak of the corona virus. Our advice is to ask the IND to give another three months to pick up the MVV visa in advance.
4. Our company’s guest is currently travelling in the Netherlands. He is from South Africa. His Schengen Type C (short stay) visa is about to expire and his flight has been cancelled. What should he do?
Answer: Before the end of his permitted stay, he should contact the IND to ask for an extension. Since the beginning of this week, this extension has to be applied for via telephone. The IND telephone centre will collect the personal details. Later, an IND decision officer will contact you by phone. The decision will be sent by post to an address in the Netherlands.
5. What are the requirements for extending a Schengen Type C (short stay) visa?
Answer: You need to prove that your flight has been cancelled due to force majeure (‘overmacht’ in Dutch). Also, you need to prove that you have sufficient funds (at least €40 per day) to provide for yourself, and that you have a valid travel insurance. You also need to meet certain other requirements. For example, your host should be willing to sign an invitation/guarantee letter. In case of force majeure, the visa can be extended for free.
6. Our company’s guest is from Hong Kong and she is travelling on a British National (Overseas) passport. Does she need to ask for an extension of the 90-day free term?
Answer: In accordance with the IND the 90-day free term cannot be extended. Nevertheless, the IND believe that the Dutch Border Police will be less strict when controlling the issue of possible overstay.
7. My employee holds a US passport, but he does not have a residence permit in the EU. Can he enter the Netherlands now?
Answer: No, due to the ‘corona virus entry ban’, non-EU citizens will be temporary barred from entering the Netherlands. Nevertheless, if his spouse is an EU citizen, he can still enter the Netherlands. In that case, our advice is to bring his marriage certificate and his spouse’s passport copy with him.
Should you have more questions about the ‘corona virus entry ban’ or the IND policies regarding short stay visa extension, please feel free to contact Mynta Law on +31 (0)70 205 1160 or by e-mail: email@example.com
Please be aware that Mynta Law has moved her office to the following address:
Mynta Law B.V., Laan Copes van Cattenburch 88, 2585 CE Den Haag;