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any choice for me to stay Legally in Netherlands

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Yara
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any choice for me to stay Legally in Netherlands

Post by Yara » Sat Jun 26, 2021 2:40 pm

Hi. I am a non EEA family member of an EEA national, I have a 5 year resident permit which expires 2023.
I have lived with my partner for the last 3 years here in Netherlands. Now my partner has received a letter from IND that they want to revoke his Dutch passport. I want to know that if my partner appeal won't be successful and they still want to revoke my partner's Dutch passport, what choices i have got to be able to stay in Netherlands? At the moment I am in the process of taking Inburgerin exams in order to apply for naturalization. My master degree is also been certified as an equevalent of a master degree in the Netherlands and i have also registered a company 6 month ago.
Thank you.

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ALKB
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Re: any choice for me to stay Legally in Netherlands

Post by ALKB » Sat Jun 26, 2021 7:24 pm

Yara wrote:
Sat Jun 26, 2021 2:40 pm
Hi. I am a non EEA family member of an EEA national, I have a 5 year resident permit which expires 2023.
I have lived with my partner for the last 3 years here in Netherlands. Now my partner has received a letter from IND that they want to revoke his Dutch passport. I want to know that if my partner appeal won't be successful and they still want to revoke my partner's Dutch passport, what choices i have got to be able to stay in Netherlands? At the moment I am in the process of taking Inburgerin exams in order to apply for naturalization. My master degree is also been certified as an equevalent of a master degree in the Netherlands and i have also registered a company 6 month ago.
Thank you.
How do you have a residence card for family members of an EEA national in the Netherlands if your partner is Dutch?

Did you go through the Surinder Singh route or is there another non-Dutch EEA family member you got your card through?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

Yara
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Re: any choice for me to stay Legally in Netherlands

Post by Yara » Sun Jun 27, 2021 10:43 am

I got my resident card through being a partner of a Dutch national.

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ALKB
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Re: any choice for me to stay Legally in Netherlands

Post by ALKB » Sun Jun 27, 2021 1:30 pm

Yara wrote:
Sun Jun 27, 2021 10:43 am
I got my resident card through being a partner of a Dutch national.
And it says 'Family member of EEA national' (in Dutch, I presume) on it? Without living in a different EU country together prior to coming to the Netherlands?

That's extraordinary, as EU nationals in the country/countries they hold citizenship of should fall under domestic immigration rules rather than EU freedom of movement rules when bringing in non-EEA family members.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

secret.simon
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Re: any choice for me to stay Legally in Netherlands

Post by secret.simon » Sun Jun 27, 2021 4:10 pm

ALKB wrote:
Sun Jun 27, 2021 1:30 pm
And it says 'Family member of EEA national' (in Dutch, I presume) on it? Without living in a different EU country together prior to coming to the Netherlands?

That's extraordinary, as EU nationals in the country/countries they hold citizenship of should fall under domestic immigration rules rather than EU freedom of movement rules when bringing in non-EEA family members.
Could also be a Lounes case (where the Dutch partner had acquired Dutch citizenship after exercising treaty rights in the Netherlands).

To the OP: Apart from Dutch citizenship, which other nationalities does your partner hold?

On the Dutch IND (Immigration and Naturalisation Service) website: Dutch nationals that can derive rights from EU law

To the OP: Does your Residence Card look like the one below?

Specifically, does it state the "Type Document" as "Familielid EU/EER"?

Image
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Yara
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Re: any choice for me to stay Legally in Netherlands

Post by Yara » Mon Jun 28, 2021 12:41 pm

ALKB wrote:
Sun Jun 27, 2021 1:30 pm
Yara wrote:
Sun Jun 27, 2021 10:43 am
I got my resident card through being a partner of a Dutch national.
And it says 'Family member of EEA national' (in Dutch, I presume) on it? Without living in a different EU country together prior to coming to the Netherlands?

That's extraordinary, as EU nationals in the country/countries they hold citizenship of should fall under domestic immigration rules rather than EU freedom of movement rules when bringing in non-EEA family members.
It's a Dutch residence card valid for 5 years and the back it says family member of my partner's name.

Yara
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Re: any choice for me to stay Legally in Netherlands

Post by Yara » Mon Jun 28, 2021 2:00 pm

secret.simon wrote:
Sun Jun 27, 2021 4:10 pm
ALKB wrote:
Sun Jun 27, 2021 1:30 pm
And it says 'Family member of EEA national' (in Dutch, I presume) on it? Without living in a different EU country together prior to coming to the Netherlands?

That's extraordinary, as EU nationals in the country/countries they hold citizenship of should fall under domestic immigration rules rather than EU freedom of movement rules when bringing in non-EEA family members.
Could also be a Lounes case (where the Dutch partner had acquired Dutch citizenship after exercising treaty rights in the Netherlands).

To the OP: Apart from Dutch citizenship, which other nationalities does your partner hold?

On the Dutch IND (Immigration and Naturalisation Service) website: Dutch nationals that can derive rights from EU law

To the OP: Does your Residence Card look like the one below?

Specifically, does it state the "Type Document" as "Familielid EU/EER"?

Image
My partner is Iranian.
My resident card looks like this: https://www.vreemdelingendocumenten.nl/ ... 012/type-i

Yara
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Posts: 5
Joined: Sat Jun 26, 2021 2:02 pm
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Re: any choice for me to stay Legally in Netherlands

Post by Yara » Mon Jun 28, 2021 2:00 pm

secret.simon wrote:
Sun Jun 27, 2021 4:10 pm
ALKB wrote:
Sun Jun 27, 2021 1:30 pm
And it says 'Family member of EEA national' (in Dutch, I presume) on it? Without living in a different EU country together prior to coming to the Netherlands?

That's extraordinary, as EU nationals in the country/countries they hold citizenship of should fall under domestic immigration rules rather than EU freedom of movement rules when bringing in non-EEA family members.
Could also be a Lounes case (where the Dutch partner had acquired Dutch citizenship after exercising treaty rights in the Netherlands).

To the OP: Apart from Dutch citizenship, which other nationalities does your partner hold?

On the Dutch IND (Immigration and Naturalisation Service) website: Dutch nationals that can derive rights from EU law

To the OP: Does your Residence Card look like the one below?

Specifically, does it state the "Type Document" as "Familielid EU/EER"?

Image
My partner is Iranian.
My resident card looks like this: https://www.vreemdelingendocumenten.nl/ ... 012/type-i

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: any choice for me to stay Legally in Netherlands

Post by secret.simon » Mon Jun 28, 2021 3:29 pm

Yara wrote:
Mon Jun 28, 2021 2:00 pm
My partner is Iranian.
My resident card looks like this: https://www.vreemdelingendocumenten.nl/ ... 012/type-i
From the image of the Residence Card, you have not been issued a Residence Card under EU law, but under domestic Dutch law.

A quick Google search of the phrase "regulier bepaalde tijd residence card" finds an article with the following information;
Regulier bepaalde tijd
On the front of your residence permit, if it says “REGULIER BEPAALDE TIJD”, it means that your right of residence was granted on the basis of “regular immigration law” (so, not on the basis of asylum you may have obtained as a refugee from your home country), and is valid for a “definite period of time”.

The clearest explanation of “bepaalde tijd” is that your residence permit is conditional. In other words: your residence permit was granted for one particular purpose, and it is liable to be revoked by the IND if you no longer satisfy that condition, even if the expiration date has not yet been reached.

Bijzonderheden
You can find more information about the type of permit you have by reading the back of the permit, in the block of text labelled “BIJZONDERHEDEN”. The first sentence of this block of text defines the condition that you have to satisfy for this residence permit to continue to be valid.

If you are in danger of no longer satisfying your condition of stay (because you might be quitting your job, or because you might want to break up with your partner or spouse), you should seek professional legal advice about what your options are for staying in the Netherlands. For instance, here are two common conditions of stay:


Verblijf als kennismigrant
“Verblijf als kennismigrant” translates as “stay as a knowledge migrant”. This means that you will be allowed to stay in the Netherlands as long as a qualifying Dutch employer is sponsoring you for a highly skilled job (in other words, you’re not a free agent).

Verblijf als familie- of gezinslid
“Verblijf als familie- of gezinslid” translates as “stay as a family member”, meaning that you have to be a family member of the person named on the permit. Usually, you must also be living in the same household, as reflected by your registered address.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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