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And from the FAQDutch citizens
In their own country, Dutch citizens are in principle not regarded as citizens of the Union. For this reason the rules for citizens of the Union are not applicable to them.
Exception
An exception to this rule is if Dutch citizens have previously made use of the right of free movement of people in another EU/EEA member state (see also 'frequently asked questions' ).
Why are Dutch citizens unable to make use of the favourable EU admission rules if they want their family member to come to the Netherlands?
In general, Dutch citizens cannot make use of the EU admission rules as they are specially intended to make it easier for citizens of the Union with family to take up residence in another member state. This means that, for example, a Frenchman and his family can refer to these rules if they want to take up residence in the Netherlands. In the case of a Dutch citizen or a person who is not a citizen of the Union and wants to bring his family to the Netherlands, the normal conditions of the Dutch admission policy apply. For this see the “Verblijfwijzer”, I want to bring someone to the Netherlands, my situation, for how long, which nationality, reason for stay, marriage and relationship, etc.
In the case of family reunification, Dutch citizens only come under the EU admission rules if they fulfil the following conditions:
* the Dutch citizen has resided in another member state with the family member according to the EC Treaty; and
* the Dutch citizen takes up residence again in the Netherlands as an economically active or economically non-active person.
* the Dutch citizen carries out, for remuneration, services for service receivers established in other member states and has not moved his main residence outside of the Netherlands. Think here of a lawyer, a specialist or a technician who installs a machine, for example.
If you have a registered partnership and Oscar is here legally, that is more than enough. Oscar definitely does not need to be here on an EEA Family Permit to legally benefit as a partner of an EU citizen. If anyone tells you differently, they are mistaken.alan and oscar wrote: Oscar (my UK reg civil patner) is non-EC and we want to apply for a Schengen visa to visit Holland (I am British). [..] However, to apply for one he needs an EEA Family Permit. He cannot get one as I am British and he has a UK residence permit under UK law (ie he cannot rely on EC law).
I am curious when you made your application. Was it before April 2006?killinghall wrote:Thats a very fair point Directive, however in Holland you dont apply by post but you have to do it in person at places like the local town hall and the local 'foreign police station'; the staff at these places check through everything and don't accept any applications that might be out of the ordinary e.g. the application form might say you're not treated as an EU citizen if you're dutch, you could argue your case until you go blue in the face but until they accept it, it aint going anywhere! thats why I suggested going through a lawyer.
It is actually pretty straight forward.killinghall wrote:I thought Rozen's might not be so straightforward because of having to convince the authorities that her husband should be treated as EU and not dutch.