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Family Permit and exercising treaty rights thru own business

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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gb
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Family Permit and exercising treaty rights thru own business

Post by gb » Mon Sep 05, 2011 7:28 pm

Hi all, can I get some comments on whether a family Permit can be applied for based on:
1. I have registered a new business in the Netherlands 2 months ago and have just invoiced my 1st client.
2. Payment due this week.

so I would think this is definitely exercising my treaty rights.

now I would like to apply for a FP.
- is a single payment into my business account good enough to be granted a FP?
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Sep 05, 2011 8:42 pm

So you are living and working in the Netherlands and now your family member wants to come with you back to the UK? Are you planning to just visit the UK and then return to the Netherlands or are you planning to move to the Netherlands?
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Post by gb » Mon Sep 05, 2011 9:04 pm

Directive/2004/38/EC wrote:So you are living and working in the Netherlands and now your family member wants to come with you back to the UK? Are you planning to just visit the UK and then return to the Netherlands or are you planning to move to the Netherlands?
yes we are all now living officially in the Netherlands. I started my own business basically to exercise my treaty rights to move to the UK with my family (s.singh).

However, life is never certain so we don't rule out the possibility of maybe waiting another 6 months if it suits us .... but that is easy to do right- just renew the FP?
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Post by gb » Mon Sep 05, 2011 9:07 pm

do you think my 1st invoice and proof of payment will be acceptable to be given a FP?
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Sep 05, 2011 9:11 pm

Does your non-EU spouse require a visa to enter the UK?

I would tend to wait to apply for the EEA FP until you decide to move back to the UK or want to visit. One billed client is good, but I would think it is better to have more and more revenue. Self-employed is a little less clear to prove. Employed is easier: if you were working for McDonalds in Leiden you get an official payslip.

Of course I am also biased. I have deeply enjoyed living outside the UK, and would love to live in the Netherlands if there was a good opportunity.

Plus, a paying job in the Netherlands is worth two possible jobs in the UK. Or something like that...
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Post by Directive/2004/38/EC » Mon Sep 05, 2011 9:13 pm

gb wrote:do you think my 1st invoice and proof of payment will be acceptable to be given a FP?
Do you have to register with the NL government as or to be a self employed person? Have you done that?
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Post by gb » Mon Sep 05, 2011 9:17 pm

Directive/2004/38/EC wrote:Does your non-EU spouse require a visa to enter the UK?

I would tend to wait to apply for the EEA FP until you decide to move back to the UK or want to visit. One billed client is good, but I would think it is better to have more and more revenue. Self-employed is a little less clear to prove. Employed is easier: if you were working for McDonalds in Leiden you get an official payslip.

Of course I am also biased. I have deeply enjoyed living outside the UK, and would love to live in the Netherlands if there was a good opportunity.

Plus, a paying job in the Netherlands is worth two possible jobs in the UK. Or something like that...
no spouse would not need a visa but getting our one dependant in before he turns 21 is a good thing I suppose.

yes I hear you on the netherlands but being english speaking is very limiting job wise. Also health is quite expensive at eu100pp. Food is going to cut 5 years off my life for sure.

What do you think are the pro's of living it out here?
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Post by gb » Mon Sep 05, 2011 9:25 pm

Directive/2004/38/EC wrote:
gb wrote:do you think my 1st invoice and proof of payment will be acceptable to be given a FP?
Do you have to register with the NL government as or to be a self employed person? Have you done that?
yep, all done- KvK and bank account sorted for biz.
BSN nos. from the gemeente for us all + stickers (no endorsements) in the passports from IND.
its been a mission- seems the dutch don't like playing to their own rules (EU + maastricht treaty). Gave us lots of grief all the way- I personally think its done on purpose, but others say the juniors on the front line don't have the experience or training...............................really?- EU law should be out there by now in all the government departments- seems like this is a slow choke to stop access to funds that an EU citizen would be entitled to....rant over but yeah its been exhausting so far.
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Post by Directive/2004/38/EC » Mon Sep 05, 2011 9:29 pm

gb wrote:no spouse would not need a visa but getting our one dependant in before he turns 21 is a good thing I suppose.

yes I hear you on the netherlands but being english speaking is very limiting job wise. Also health is quite expensive at eu100pp. Food is going to cut 5 years off my life for sure.

What do you think are the pro's of living it out here?
So if spouse and child do not need a visa to travel to the UK for visits, then I would personally not bother applying for an EEA FP until you want to move back to the UK.

How old is your wife's "little boy"? Studying or working?

I think everyone will find different things that are "pros" for living in a different member state. Experiencing a taste of a different way of life for a while is probably a good thing. And nice bicycling is good. And nice skating during cold winters. And beautiful houses and towns. And wonderful beer. And cute women. And everything will feel very different when you return to the UK. And it is a good chance to learn Dutch! :-)
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Post by gb » Mon Sep 05, 2011 9:41 pm

Directive/2004/38/EC wrote:
gb wrote:no spouse would not need a visa but getting our one dependant in before he turns 21 is a good thing I suppose.

yes I hear you on the netherlands but being english speaking is very limiting job wise. Also health is quite expensive at eu100pp. Food is going to cut 5 years off my life for sure.

What do you think are the pro's of living it out here?
So if spouse and child do not need a visa to travel to the UK for visits, then I would personally not bother applying for an EEA FP until you want to move back to the UK.

How old is your wife's "little boy"? Studying or working?

I think everyone will find different things that are "pros" for living in a different member state. Experiencing a taste of a different way of life for a while is probably a good thing. And nice bicycling is good. And nice skating during cold winters. And beautiful houses and towns. And wonderful beer. And cute women. And everything will feel very different when you return to the UK. And it is a good chance to learn Dutch! :-)
:) I can't quite sum the dutch up- very nice people generally. Not sure how much depth there is available for an expat, not quite the right way of putting it I guess :)

Actually there was some advice on this board that even though we didn't need visa's that the FP was a kind of proof that s.singh process had been followed and res cards would not be an issue.

one of the 'babies' was to start university but the dutch managed to kill that move.......- international student- no problem BUT as soon as they heard we were trying to get the low fees, the landscape changed pretty fast- quite disgusting really. At the end of the day, not much between the british and dutch international fees and in the UK you get a decent damn campus and cheaper accomodation by our calculation. The real estate agents in Netherlands have a monopoly on accommodation as most places don't have campus housing.
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Post by Directive/2004/38/EC » Mon Sep 05, 2011 9:47 pm

The children should all be able to attend university on the same basis as you (as an EU citizen) would be able to do.

Was the child admitted already?

If you have any trouble with this, there are people who can help, and you can sue the university as well!

See http://eumovement.wordpress.com/2010/09 ... ber-state/

If you are planning to MOVE to the UK, then an EEA FP definitely makes sense. But they will have no problems getting a RC with it or without it. But the FP does make easy early proof of their right to work ...
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Post by gb » Mon Sep 05, 2011 10:11 pm

Directive/2004/38/EC wrote:The children should all be able to attend university on the same basis as you (as an EU citizen) would be able to do.

Was the child admitted already?

If you have any trouble with this, there are people who can help, and you can sue the university as well!

See http://eumovement.wordpress.com/2010/09 ... ber-state/

If you are planning to MOVE to the UK, then an EEA FP definitely makes sense. But they will have no problems getting a RC with it or without it. But the FP does make easy early proof of their right to work ...
The damage gets done by DUO- you cannot imagine the bulls@#t that comes out of their offices. Even after consulting behind the scenes with wiser heads the answer that comes back is unbelievably crooked.

With all the stamps, stickers, etc I have mentioned I had to listen to them telling me at head office in Groningen where we went out of desperation that no, dependents of EU citizens are not allowed lower fees or student finance.

I couldn't believe it. We've thrown quite a bit of dosh at this coming to the netherlands- I really think one should be able to sue the bastards.

Admitted is a strange concept to these guys because everything depends on DUO to give the ok regardless of having a letter of acceptance in one hand. The institution wants Duo to confirm eligibility for finance (on par with what the dutch students get) I suppose else they don't get the money.....go to DUO and they look you in the eyes and with some attempt at sincerity, spout the biggest load of crap....."a dependent of an EU citizen is not allowed lower fees or finance"...."its tricky" they say with preacher like reverence "but unfortunately not good news". Then the eyelids batten down and its all over.

!.............................


oh dear THIS is a bigger rant ;)
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Sep 05, 2011 11:00 pm

I urge you to contact Solvit: http://eumovement.wordpress.com/help-eu-solvit/

They are not usually fast, but sometimes they can be helpful.

What is DUO? Web site link?
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Post by gb » Mon Sep 05, 2011 11:19 pm

Directive/2004/38/EC wrote:I urge you to contact Solvit: http://eumovement.wordpress.com/help-eu-solvit/

They are not usually fast, but sometimes they can be helpful.

What is DUO? Web site link?
DUO is the government 'Department of Education'
http://www.ibgroep.nl/International_vis ... eneral.asp
its the government!!!!!

It costs money to hang around- solvit will not save my dependent's education for this year- we will have to take a gap year, nor the humiliation we all felt listening to someone trying to sell us a lie. We feel like fools.
Its a disgrace.
But probably most importantly anonymity is something I prefer to have in the face of such a powerful entity!
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