non-eu dependent child university fees

[dilmundesert]

ok, seems I've taken it as far as I can:

Should I escalate to Solvit?

their reply:

Dear yy,



Indeed the procedure is more complex than you might think, because the assumption that your son (and even many independent EU-citizens for that matter) is entitled to the same rights as any national of the Netherlands is not correct.

As I already explained, your son’s entitlement to the low rate tuition fees depends on the combination of his residence status and his actual residential address at the beginning of the academic year (1 September 2011). An assessment of the applicability is therefore only possible on information on the (expected) residence status and actual residential address. A final decision is only possible on the official documentation of the actual status around 1 September 2011.



Kind regards,



to my question:

Hello xx

Thank you for your reply.

As I have not done this before, I cannot speculate about what the card may look like.

What I can however rely on are facts, one of which is the following:

My son is the non-eu family member of an EU citizen who will be living in the Netherlands or Belgium, at the time he goes to university. His current nationality is Australian. I am UK citizen who will be living and working in either the Netherlands or Belgium.

According to all the documentation and links forwarded to you, the law expressly states that my son (who is under 21 and entirely dependant on us), will be entitled to the same rights as a any national of the country we will be residing in (in this case entitled to the same rights as any dutch student).

On the basis of the above, can you not confirm eligibility for the lower fees? I genuinely thought this would be an easy process, but it seems to be full of complexity. The law (Maastricht Treaty?) however seem quite simply presented, so I'm not sure why there seems to be such uncertainty.

Regards

yy

[86ti]

Your contact doesn't spend too much time on explaining the details it seems.

Googling around I could find out so far the reason why the residential address is so important is because the government wouldn't financially support the universities if the student does not live in either BENELUX or in one of three German states and the student would have to pay the higher fees.

EDIT: just realise that that is true for NL, not sure about BE.

Indeed the procedure is more complex than you might think, because the assumption that your son (and even many independent EU-citizens for that matter) is entitled to the same rights as any national of the Netherlands is not correct.

I have no idea what the bold text means.

I don't see why you should not contact SOLVIT now. But make sure to guide them as much as possible in particular point out the relevant bits in the Directive regarding equal treatments. Do not hesitate to push them to do the work for you (some national SOLVITs have the reputation of "being not too helpful"). You should be able to get an official response from that ministry/department which is responsible for university affairs.

[86ti]

According to our information, your son just needs to pay the high tuition fees. If your son has a permanent residency for a European country (for example Belgium or the UK) and lives in Belgium (or one of the other countries within the residence area) he is eligible to pay the lower fees.

A third country national who has acquired long term residency under Directive 2003/109/EC (not relevant to you) must be treated the same way as a national. I guess that is what that statement essentially means. What that person, however, does not seem to grasp is that your son would have to be treated as per Directive 2004/38/EC and I would say that holding a residence card is not required (see Article 25). That university obviously believes that you son should be just treated as per his nationality.

[dilmundesert]

Yes, exactly- and surely his nationality is completely irrelevant in terms of his status as a non-eu family member and the rights that entitles him to..

seems to me that every country who signed up to the maastricht treaty are doing their level best to circumvent it !! even the originators !!

some of the uk expats are getting away with their 3-year rule (obviously put in place to keep people out of their uni's) by maintaining a residence in the uk,,.... sometimes one partner stays behind in the uk for a certain period of time a year....we have a number of friends going back who magically have been granted home fees at uk universities despite having been permanently out the country for years...now how does that work...!

thanks for all the feedback guys- certainly appreciated.

I'm not sure how they expect me to commit to living in a town/city and a university if they cannot commit to a fee. Just a joke really.

....... That university obviously believes that you son should be just treated as per his nationality.

[Directive/2004/38/EC]

I agree that you should contact Solvit. It will take them a while to get involved in any case.

I should have also pointed you to https://eumovement.wordpress.com/2010/0 ... ber-state/ Well worth reading.

[dilmundesert]

excellent, thank you- busy printing as we speak.

I agree that you should contact Solvit. It will take them a while to get involved in any case.

I should have also pointed you to https://eumovement.wordpress.com/2010/0 ... ber-state/ Well worth reading.

[ca.funke]

As I have not done this before, I cannot speculate about what the card may look like.

Sorry for my late reply, hope it still helps.

>>This is the scan of a Belgian residence card for family members of Union citizens<<, French version, issued 2009.

[dilmundesert]

As I have not done this before, I cannot speculate about what the card may look like.

Sorry for my late reply, hope it still helps.

>>This is the scan of a Belgian residence card for family members of Union citizens<<, French version, issued 2009.

appreciated, thanks