Moving to the Netherlands with Dutch Partner

[Directive/2004/38/EC]

Although I do believe EU nationals are still charges home fees, but not sure. It may be just on the courses I was looking at.

Typically there will be a national policy. If you find a description of it at one university or college, it should apply to all. It should also apply to private schools - they also can not treat you differently than they would treat a citizen of the country.

[kabuki]

Thanks everyone. I finally got word back from the uni I have applied to. They said that I have to have a residence permit by September in order to qualify for home fees.

Just a few more questions:
Can you apply for the permit before travelling to NL, or must you travel there and then apply? We would initially be staying with family. Will this matter? Can we apply form that address while still in the process of moving?

How long does it take via the EU route? I believe going the national route it takes about 2 months, but I'm not sure. I'm still waiting to find out whether or not I've been accepted.

Must you have Dutch health insurance, or is it possible to use my current Irish health insurance for the purpose of the application? I am covered under Quinn and my partner under VHI. If we must get Dutch health insurance immediately, can someone please suggest the cheapest one? Thanks.

Also, my partner has enough savings to meet the monthly income requirements for a year. She also freelancing and setting up a business with some friends in Ireland, but they will all be working from home. She will be a partner in the company and can show her freelance income through her bank statements (but she isn't registered in Ireland as self-employed as she can file her taxes at the end of the year and show she breaks even or takes a loss). Will this work for the income requirement of being non-economically active in the Netherlands for the EU route?

Thanks again. I really appreciate all your help.

[Directive/2004/38/EC]

You have to be in the Netherlands to apply. It does not matter where you are living - with inlaws, in a hotel, in a tent are all fine.

How long does it take via the EU route? I believe going the national route it takes about 2 months, but I'm not sure. I'm still waiting to find out whether or not I've been accepted.

What do you mean by the EU route or the national route?

[kabuki]

You have to be in the Netherlands to apply. It does not matter where you are living - with inlaws, in a hotel, in a tent are all fine.

How long does it take via the EU route? I believe going the national route it takes about 2 months, but I'm not sure. I'm still waiting to find out whether or not I've been accepted.

What do you mean by the EU route or the national route?

My partner is Dutch, so we could enter and apply for a residence permit based on national law, or as she has been exercising her treaty rights in Ireland, we could apply for a residence permit based on EU law. Or, will it automatically be EU law since she has been exercising her treaty rights? Cheers.

[Directive/2004/38/EC]

My partner is Dutch, so we could enter and apply for a residence permit based on national law, or as she has been exercising her treaty rights in Ireland, we could apply for a residence permit based on EU law. Or, will it automatically be EU law since she has been exercising her treaty rights? Cheers.

I see. I suspect you have a choice. I do not know which is faster, though in some other EU countries EU law is faster.

[kabuki]

My partner is Dutch, so we could enter and apply for a residence permit based on national law, or as she has been exercising her treaty rights in Ireland, we could apply for a residence permit based on EU law. Or, will it automatically be EU law since she has been exercising her treaty rights? Cheers.

I see. I suspect you have a choice. I do not know which is faster, though in some other EU countries EU law is faster.

Cheers! I think we will end up going the EU route as it's been recommended on other sites. Thanks again!


Does anyone know if you have to show a full years income or 6 months income if you are not economically active based on the monthly income requirements?
http://www.ind.nl/en/algemeen/begrippen ... dragen.asp

[Directive/2004/38/EC]

Are you planning to apply as if your partner was self sufficient, or are you going to say that your partner is self employeed?

[kabuki]

Are you planning to apply as if your partner was self sufficient, or are you going to say that your partner is self employeed?

She is self-employed, but we may or may not have many documents to prove that. They are waiting to see if some funding will come through before registering their company. However, she has been freelancing and can show a small amount of income through that, but it's not much as she took the last month and a half off. Is there a certain amount she has to bring in as self-employed?

If so, would it be better to be self-sufficient?

Cheers.

[Directive/2004/38/EC]

Each country has a different requirements for people to be self employed. And she would have to be NETHERLANDS self employed.

Can you move back to the Netherlands though on the basis of being self-sufficient. I am not sure. The legal case was based on exercising treaty rights, and being self sufficient does not do that. Depends on what the dutch allow.

[kabuki]

I'm really confused as I thought as long as you were employed, even self-employed, that there are no income requirements, but the IND website provides different information.

Here is what I am looking at on the IND website:

The following purposes of residence are regarded residence based on the EC Treaty:

* Work
* Study
* Not active economically
* A stay as a family member of a citizen of the European Union

We should eligible to apply with her listed as self-sufficient or self-employed.

Conditions for the self-employed:
This concerns real and actual work other than paid employment. The income from work is more than 50% of the income requirement applicable to you.

Income requirement links to the following web-page providing income information: http://www.ind.nl/en/algemeen/begrippen ... dragen.asp

Additional conditions : If you are not a spouse, (registered) partner or child younger than 21 years, you must demonstrate that your family member provides for you or that you lived with him in your country of origin.

We are currently residing together with both names on the lease in Ireland, so I know we meet this requirement.

Economically Non-Active

Conditions

* You have health insurance;
* You have enough money to prevent a situation in which you have to rely on public funds during your stay. Your means of existence will in any case be sufficient if you satisfy the income requirement.

Enough money is linked to the following website: http://www.ind.nl/en/algemeen/begrippen ... dragen.asp. However, it doesn't state the total amount. Will we need to prove that income for at least 6 months, 1 year or longer?

All of the above information was pulled from the IND website: http://www.ind.nl/EN/verblijfwijzer/ver ... en&lang=en
I answered the questions as such:
stay longer than 3 months
Ireland (Dutch isn't an option, so I went with where we will be coming from)
Marriage or relationship (and I also searched using self-employed - the same requirements are listed)

If anyone has any thoughts on this, I'd appreciate it. It would be great if someone else out there who has gone through this could shed some light.

Thanks again. I really appreciate it.

[Directive/2004/38/EC]

There is no income requirement if the EU citizen is employed (in the Netherlands) or self employed (in the Netherlands). The income requirement is only if they are self sufficient.

Not sure how much they will require you to have. It is not a particularly clearly specified thing. But they can not require you to have more money than somebody on welfare would get from the state.

[kabuki]

Update on my question about college fees. I received an email from Leiden University in regards to this questions, and the following is their response:

[quote]Due to European Union (EU) regulations, qualified students from the EU and European Economic Area (EEA) are entitled to pay the same tuition fee as Dutch students. To most of the programmes taught at Leiden University a “home-feeâ€

[Directive/2004/38/EC]

The amount of tuition fee a student pays is based on:
[...]
2. If you are married to or if you have a ‘civil partnership’ registration with an EU/EEA/Swiss national you are generally entitled to the home fee as well.
[...]

They are right that these people are entitled to home fees. But also all other family members who qualify as family members of EU citizens. So any non-EU children you have, or your dependent parents/grandparents. Basically ANYONE who has a Residence Card for a family member of an EU citizen.

[kabuki]

The amount of tuition fee a student pays is based on:
[...]
2. If you are married to or if you have a ‘civil partnership’ registration with an EU/EEA/Swiss national you are generally entitled to the home fee as well.
[...]

They are right that these people are entitled to home fees. But also all other family members who qualify as family members of EU citizens. So any non-EU children you have, or your dependent parents/grandparents. Basically ANYONE who has a Residence Card for a family member of an EU citizen.

Yeah, I know. That is why I find the DUO-IB-Groep website more helpful as it is based on you residence permit. It's much clearer.

This is good news for me as I can't afford non-EU fees at Leiden. I hope someone else comes along and finds this helpful.

Thanks for all your help. It's very much appreciated.

[kabuki]

Hi! When we applied for the Stamp 4EUFAM in Ireland, we never had to show that we were not married to anyone else, as the application was for an unmarried partner. I've been told this will be necessary in NL.

If I need these documents, where would I get them? Do I need a document from the US, from Ireland, or both? My partner is Dutch and has been in Ireland since she was 12 year old, would she need one from Ireland, NL (although I'd assume they could check this) or both?

Thanks.

[Directive/2004/38/EC]

Hi! When we applied for the Stamp 4EUFAM in Ireland, we never had to show that we were not married to anyone else, as the application was for an unmarried partner. I've been told this will be necessary in NL.

Please provide details of what exactly NL is requiring.

I would be surprised if this is an issue, or even a question.

And in any case, key thing is your relationship with the person you are coming into the EU country with.

There is nothing to restrict your free movement in Europe now, if, for example, you mistakenly married somebody else 20 years ago, then split up a year later but are still technically married. This could easily happen in Ireland since divorce is so difficult.

[kabuki]

Hi! When we applied for the Stamp 4EUFAM in Ireland, we never had to show that we were not married to anyone else, as the application was for an unmarried partner. I've been told this will be necessary in NL.

Please provide details of what exactly NL is requiring.

I would be surprised if this is an issue, or even a question.

And in any case, key thing is your relationship with the person you are coming into the EU country with.

There is nothing to restrict your free movement in Europe now, if, for example, you mistakenly married somebody else 20 years ago, then split up a year later but are still technically married. This could easily happen in Ireland since divorce is so difficult.

I haven't been told by them directly as we haven't submitted the application yet, but I have been told by others that this information has been requested. However, I don't think I've seen any mention of it. I just want to be sure to cover my tracks, as we plan to make an appointment before moving, so as soon as we arrive we can submit the application.

I'll have to email them to be sure. I've seen other people mention this about other countries as well, but I haven't been asked for it. Neither of us has ever been married.

Cheers.