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Dutch residence permit for spouse of EU citizen

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Dawie
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Joined: Mon Jan 16, 2006 1:54 pm
Location: Down the corridor, two doors to the left

Dutch residence permit for spouse of EU citizen

Post by Dawie » Sat Sep 24, 2011 8:57 am

Does anyone know if a non-EU citizen, married to an EU citizen and present in the Netherlands on a normal tourist Schengen visa, can obtain a residence permit as the spouse of an EU citizen without leaving the Netherlands, i.e. do an in-country switch? Or does the non-EU citizen have to return to their country of origin and apply from there?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.
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acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Sat Sep 24, 2011 10:53 am

By EU law, there is no requirement to hold any special visa,
So provided the EU spouse is not Dutch, (unless returning
from another EU state) and is working, self-employed
or self-sufficient in Holland. You can apply for a residence permit
in Holland on a normal tourist Schengen visa.

For more information on Dutch implementation of this EU law see
http://ec.europa.eu/justice/doc_centre/ ... udy_en.pdf

http://ec.europa.eu/justice/doc_centre/ ... nce_en.pdf

http://eumovement.wordpress.com/eu-coun ... therlands/
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Re: Dutch residence permit for spouse of EU citizen

Post by Directive/2004/38/EC » Sat Sep 24, 2011 7:03 pm

Dawie wrote:Does anyone know if a non-EU citizen, married to an EU citizen and present in the Netherlands on a normal tourist Schengen visa, can obtain a residence permit as the spouse of an EU citizen without leaving the Netherlands, i.e. do an in-country switch? Or does the non-EU citizen have to return to their country of origin and apply from there?
The non-EU family member has exactly the visa they are required to have! 100% perfect!

See http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/ for the case law
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