Family member of an EU citizen clarification

vnkr7

Member

Member since 30 January 2024

vnkr7

30 January 2024 10:33:43

vnkr7

30 January 2024 10:33:43

Good morning,

Hopefully, this great community will help us regarding the procedure of verification against EU law for union citizen family members, which includes me, French, and my partner, Indian, with whom I've been living in Canada since June 2023.

We've read plenty of documentation about it and we thankfully meet the requirements to apply, but still have some questions.

Application.

Can we start the process from abroad?

I've read that it's possible but at the same time, it seems mandatory for the EU citizen (sponsor, me) to go to the Gemeente to register and get the BSN and DigiD. Without these two things my partner cannot start the residence process, right?

Then, I understood I could register at the Gemeente as soon as I reached the city, even if I'm staying in a temporary residence, as long as the landlord gives written authorization.

Proof of income.

I'm currently working in Canada, I still have a job in France (by mission) and I have savings in my French bank account. I've read on IND website that they are asking for 2,234€/month, and for at least one year. Meaning that this amount x 12 in savings will be sufficient to convince IND?

About studying.

Universities explain that to study, third-country individuals (so Indian) need an entry visa (MVV) & a residence permit (VVR), and this is what my partner will have. But he will have this documentation as a Family member of an EU citizen, and although we understand that the people under this permit can work without a work permit, can they also study?

Once my partner gets the proper residence permit (the card), therefore he will be treated as a national/EU citizen (it's what they claim at least) so can he apply to a university (in the Netherlands or another EU country) as an EU resident? (and so no need for another study permit, nor pay the international fees?)

Now if the answer to the first question is yes, we wonder if this possibility of studying without a specific study permit (as a Family member of an EU citizen) can be exploited during the wait time of receiving the card, that is to say when my partner will just have the residence endorsement sticker? Once again we understood that he will be allowed to work during the wait time (hopefully as some people didn't get this chance) but it's not clear if they can do anything else.

Thanks for reading, if you have any leads or if you wanna share a relatable experience, please help a young couple who feels a bit overwhelmed by all of this 🤗

Cynic

UK / Netherlands Expert

Member since 15 September 2015

Enschede

Cynic

30 January 2024 12:08:03

7415

Cynic

30 January 2024 12:08:03

7415

Enschede

Hi and welcome to the Forum.

As the partner of a non-Dutch citizen, they can only apply for a verification visa in the Netherlands, so the non-EU citizen applies for a Schengen visa, accompanies his/her EU partner and then applies for verification after you arrive. All the Details are on the Dutch Government website; this link will take you straight to it.

Your partner will not ordinarily be able to register with the Gemeente with a Schengen visa, but there is a registration system called RNI, which is a short-term database operated by some Dutch Gemeente for people who would not ordinarily qualify to register (like your partner); details are on the Dutch Government website; this link will take you straight to it.

I notice you say you have been in a relationship (living together) with your partner since June 2023; that is less than a year and they generally expect over 2 years. This being the case, you may well have to prove this is a genuine relationship and not one of convenience. So documents/contracts in both names will be very useful for this kind of thing.

Income requirements are also described on the Dutch Government (IND) website; this link will take you straight to it.

Studying - if you have a verification visa, you don't need another visa. They can study but will be classed as a 3rd country national which I suspect means having to pay (Dutch citizens being subsidised by the Dutch Government). If you do somehow end up on a student visa, there are restrictions on how many hours you can work, but as you have described your situation above, this is not an issue you will have. Details of fees can be found at this link.

I hope this helps.

Cynic

Expat Team

vnkr7

Member

Member since 30 January 2024

vnkr7

31 January 2024 03:59:56

vnkr7

31 January 2024 03:59:56

Thanks for this detailed answer.

> OK to wait until we both reach the Netherlands.

Nonetheless, it's mandatory to reach the Netherlands with a MVV to apply for a residence permit UNLESS “you are going to live with a EU-citizen family member in the Netherlands.“. According to you, our unregistered relationship could make us family member and therefore exempt him to apply for MVV?

> I didn't get why my partner would register with the RNI system. Does he have to get a BSN before applying for verification […]? If yes, ok, otherwise, can't we just wait for him to have the endorsement sticker to go to Gemeente?

> Fortunately we have documents and pictures that prove our commitment. But I'm surprised as I've read IND would accept living together for 6 months. « If you are in a relationship, you must prove that you have a long-term relationship with the EU citizen. Please also enclose a copy of the following : Supporting documents showing that you have already or recently kept a joint household while living together for at least six months. »

> Thanks for the income link; I am sure I can show proofs for 2,234€/month (the amount for our situation) but they come from different sources: self-employed job and savings from another EU country. Would they be ok with that + the proof that I'm looking for a job in the Netherlands too?

> Could you share the source of the info that an individual with a Family member of a EU citizen permit, under verification […] doesn't need another visa for studying in the Netherlands?

Your help was highly appreciated!

Cynic

UK / Netherlands Expert

Member since 15 September 2015

Enschede

Cynic

31 January 2024 10:35:55

7415

Cynic

31 January 2024 10:35:55

7415

Enschede

Hi again.

To clarify; there are many different types of Visas/Permits; of these, you can only have one.

MVV (short for machtiging tot voorlopig verblijf, or Authorisation for temporary stay) is an integration process or module that many nationals have to go through for different types of visas (but not all), it's a process where the Dutch Government have to decide whether you as an individual will be able to integrate into Dutch society, whether you will be able to find work, will that work be enough to support you. For some nationals, it includes a Dutch language examination that you must pass before they will let you enter the country, then do a further advanced exam when you get there.

The good news for you is that as an EU citizen, you and your family are exempt from MVV, and you have the right to live and work anywhere in the EU. As a French citizen, you can turn up at Schiphol, show your passport and eh voilà, you can enter the EU. In the Netherlands, you have a further 5 days to make an appointment with the Gemeente where you are living to go and register, from which you will get your BSN and DigiD which enables you to open a Dutch Bank account, get health insurance, register with a doctor and pay your taxes etc - it's how you communicate with the Dutch Government. Further, as long as you are not a Dutch citizen (they have a different process as EU law does not apply to Dutch citizens resident in the Netherlands) that right is extended to your family, even if they are not EU citizens, but they do have a process to go through - the verification process you asked about. In the Netherlands, they use the Schengen Visa to facilitate your partner to enter the country with you for that purpose, MVV is not a part of the Schengen process.

The IND is looking for proof that you have been living together in a relationship akin to marriage and is not what they view as a convenience to get around the immigration rules, unfortunately, this is a growing phenomenon where people are trying to get around the requirement. If you have been together for 2 years or more and can prove it, the evidence will be less demanding than if you have been together for a lesser time; less than 6 months, then you would be better off thinking of a different way (like applying for individual work visas).

Your last question is one of those strange things, I can't provide evidence, or share a source for something you don't have to do, in English (and Dutch funny enough) we call it an oxymoron.

If you're still not happy, the Dutch Government (IND) do have a website with a Service and Contact section; this link will take you straight to it. Included in this is an FAQ section and details on how to speak to them directly; they also have a Twitter (X) feed where you can ask general questions - @IND_NL

I hope this helps.

Cynic

Expat Team

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