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As long as your EU spouse moves to the Netherlands to exercise her treaty rights, and is either employed, self-employed, a registered student, or fully self-sufficient.Parker wrote: In effect, I am free to seek out employment in the Netherlands and do not require a work permit to work there, so long as my EU spouse moves with me when I move there to take up work?
and2.5.2 Right to take up employment by family members (Article 23)
Article 23 provides a right for family members who have the right of residence to take up
employment. This is adequately transposed by Dutch law. Article 3 of the Foreign Nationals
(Employment) Act provides that no employment permit can be required from aliens who are entitled
to work without restrictions under EC law. In an Annex to the Act it is explained that this concerns in
particular citizens of a Member State of the EEC or their family members to which Article 11 of
Regulation (EEC) nr. 1612/68 applies. That provision was repealed by the Directive, and therefore the
Act should have been amended in this respect where a provision of dynamic implementation is absent.
In practice it can however be assumed that the main rule applies and suffices to ensure that aliens are
entitled to take up employment or self employment in the Netherlands.
Citation of the Article of the Directive
Article 23
Irrespective of nationality, the family
members of a Union citizen who have the
right of residence or the right of
permanent residence in a Member State
shall be entitled to take up employment or
selfemployment there.
Corresponding Dutch national
provision (legal ref. & art.)
Article 3 para 1(a) Foreign
Nationals (Employment) Act
(Wet arbeid vreemdelingen or
WAV)
and Annex to the WAV
Implementation and Delegation
Decree (Delegatie- en
uitvoeringsbesluit Wav);
Complete text of national
provision (in language of
Member State)
Artikel 3 WAV
1. Het verbod, bedoeld in artikel
2, eerste lid, is niet van toepassing
met betrekking tot:
a. een vreemdeling ten aanzien
van wie ingevolge bepalingen,
(…) bij een voor Nederland
verbindend besluit van een
volkenrechtelijke organisatie, een
tewerkstellingsvergunning niet
mag worden verlangd.
Bijlage Mededeling als bedoeld in
artikel 3, tweede lid, van de WAV
Ten aanzien van de hierna te
noemen vreemdelingen mag
ingevolge de daarbij vermelde
bepalingen, vastgesteld (…) bij
een voor Nederland verbindend
besluit van een volkenrechtelijke
organisatie, geen
tewerkstellingsvergunning worden
verlangd:
1. onderdanen van een Lid-Staat
van de Europese Economische
Gemeenschap waarop artikel 1
dan wel gezinsleden van
dergelijke onderdanen waarop
artikel 11 van verordening (EEG)
nr. 1612/68 (…) van toepassing
is;
2. onderdanen van een Staat die
partij is bij de Overeenkomst
Translation into English of Dutch
national provision
Article 3 Foreign Nationals
(Employment) Act
1. The prohibition, referred to in
article 2, para 1, does not apply
to:
a. an alien for whom no
employment permit can be
required as a result of provisions
(…) in a decision that is binding
for the Netherlands of an
international organisation.
Annex to WAV as referred to in
article 3 para 2
Where the following aliens are
concerned, no work permit will
be required under the applicable
decisions that are binding for the
Netherlands of an international
organisation:
1. citizens of a Member-State of
the EEC or their family members
to which article 11 of Regulation
(EEC) nr. 1612/68 (…) applies;
2. citizens of a State that is a
party to the European Economic
Area (…) to which article 1
applies or their family members
to which article 11 of
Regulation (EEC) nr. 1612/68
(…) applies;
Comments/Problems
The main rule is expressed in the
Foreign Nationals (Employment)
Act: no employment permit can be
required from aliens who under EC
law are entitled to work without
restrictions. In an Annex to the Act it
is explained that this notably
concerns citizens of a Member State
of the EEC or their family members
to which article 11 of Regulation
(EEC) nr. 1612/68 applies. That
provision was repealed by the
Directive, and thus the Act should
have been amended in this respect
where a provision of dynamic
implementation (“or any subsequent
EC decision”) is absent. In practice
however it can be assumed that the
main rule applies and suffices to
ensure that aliens are entitled to take
up employment or selfemployment in
the Netherlands.
Health insurance in the Netherlands is indeed mandatory for everybody who lives there, regardless of immigration status or whether you work or not. Hence the provisions in Directive 2004/38 about CSI are irrelevant in the Netherlands, as everybody needs to have it anyway.EUsmileWEallsmile wrote:I understand that the Netherlands has a mandatory health insurance, which you must join if you work and I expect that it would cover family members. I imagine that would count as CSI.
Thank you again for the reply.fysicus wrote:Your Portuguese health insurance provider should have issued you with an EHIC long ago already, as you would need it for any short trip abroad (within the EU), for example on holidays or business trips.
As soon as you have registered yourself with the Dutch authorities as actually living there, you have to take health insurance from a Dutch insurance company (zorgverzekeraar). This is mandatory for everybody living in the Netherlands; there are no exceptions. Read the info on http://en.wikipedia.org/wiki/Healthcare ... etherlands
There are basically no fixed rules for self-sufficiency, except that you cannot apply for support from the social security system. Even if you don't have any savings yourself but rely on support from family or friends, that is acceptable. Of course it helps if you can show enough assets to live on (modestly) for about a year, say 18000 euro or more.
It would be useful to know how you get on.Parker wrote:Thank you again for the reply.fysicus wrote:Your Portuguese health insurance provider should have issued you with an EHIC long ago already, as you would need it for any short trip abroad (within the EU), for example on holidays or business trips.
As soon as you have registered yourself with the Dutch authorities as actually living there, you have to take health insurance from a Dutch insurance company (zorgverzekeraar). This is mandatory for everybody living in the Netherlands; there are no exceptions. Read the info on http://en.wikipedia.org/wiki/Healthcare ... etherlands
There are basically no fixed rules for self-sufficiency, except that you cannot apply for support from the social security system. Even if you don't have any savings yourself but rely on support from family or friends, that is acceptable. Of course it helps if you can show enough assets to live on (modestly) for about a year, say 18000 euro or more.
About the self-sufficiency, When I first moved to Europe a couple years ago on a student visa to do my MSc in the UK, the authorities there were very specific with regard to the sufficient funds in the bank. I had to have x number of GBP or the USD equivalent in a bank account and for three months prior to my application for the visa at no point could the value of that account fall below the specified figure.
So basically the provision of self sufficiency is another way of saying you cannot apply for any social support. Luckily this is not an issue I face, but I just was trying to understand if there is any way I needed to explicitly prove this.
You can not become an excessive burden. But you can apply for some social support. For instance, if you and your spouse move to the UK with a baby, you can apply for the normal small-child money that ALL UK citizens and resident EU citizens can apply for.Parker wrote:So basically the provision of self sufficiency is another way of saying you cannot apply for any social support.