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Holland work visa for non-EU spoue married to EU citizen

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rdevarajan
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Posts: 6
Joined: Mon Aug 19, 2002 2:01 am

Holland work visa for non-EU spoue married to EU citizen

Post by rdevarajan » Wed Jan 24, 2007 12:05 pm

HI
I am a British citizen and my wife has an ILR. Now she is getting a short term contract in Holland. I am emplyed in the UK and will not be accompanying her.

She will be working for 4 days in Holland and 1 day in UK.

Does she need to apply for work permit as normal or do we have a easy way out?

Thanks for your help.
Cheers
R
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JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Holland work visa for non-EU spoue married to EU citizen

Post by JAJ » Wed Jan 24, 2007 12:24 pm

rdevarajan wrote:HI
I am a British citizen and my wife has an ILR. Now she is getting a short term contract in Holland. I am emplyed in the UK and will not be accompanying her.

She will be working for 4 days in Holland and 1 day in UK.

Does she need to apply for work permit as normal or do we have a easy way out?

Thanks for your help.
Cheers
R
As far as I know she needs a work permit. But more importantly - absences on this scale may impact her naturalisation eligibility.

Why doesn't she first get her British citizenship?
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rdevarajan
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Posts: 6
Joined: Mon Aug 19, 2002 2:01 am

Post by rdevarajan » Wed Jan 24, 2007 12:32 pm

Thanks for the reply. She has just got her ILR and has one more year to go for naturalisation. She is getting an excellant contract in Holland so we are exploring the possibilities.
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jan 24, 2007 9:54 pm

Interestingly, when applying for naturalization in the UK, you have to report the number of days you were outside of the UK. You do not count the day on which you leave the UK nor the day on which you return as days out of the country.

So if she flies on Monday morning and back on Thursday night, she would only be gone for "2 days". 50 weeks per year would add up to 100 days out of the UK, which is just on the border of what they accept for naturalization. You would have to do all vacation in the UK! If she can work only 3 days in the Netherlands per week it would be easy. Best to keep detailed records!

I think she would also require a work permit in the Netherlands, and since you will not be living with her there, she will have to do it according to Dutch law rather than EU law.
Last edited by Directive/2004/38/EC on Thu Jan 25, 2007 8:08 am, edited 1 time in total.
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rdevarajan
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Posts: 6
Joined: Mon Aug 19, 2002 2:01 am

Post by rdevarajan » Thu Jan 25, 2007 7:47 am

Thanks a lot for the reply. really helpful
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jan 25, 2007 9:11 pm

If you want to go for UK nationality, you need to be very careful to to check your budget of days away and manage that to avoid being away too much.
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