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Hi All,

I need some helpful advice please.

I'm in Netherlands at the moment and intending to evoke eu law to enable my non-eea national husband to accompany me back to the UK.

There are a couple of things i'm really confused over and I would appreciate it if someone has any helpful advice.

- Firstly I am working at the moment in an Irish bar in The Netherlands, the owner has said as soon as I have a Dutch tax number I will start paying tax and therefore working 'above board'
However I have read that the employment that has been carried out in the host eea member state can not be of a ancillary or marginal nature.
Does this mean that something along the lines of bar work for 6 months would be deemed too casual and non-permanent, ?
I was of the impression that one simply had to pay taxes for a minimum of 6 months in any kind of employment??????????

-Secondly I have learned from other posts on this forum that as long as the EEA national is employed that there is no obligation to take out health insurance, yet everywhere here insists that health insurance is essential and that my husband and I won't even be given his certificate of application without having insurance.

-And thirdly the minimum 6 months rule, I realise this is a UK made ruling and that it has no place in EC law, but has anyone known of any cases where the British national has worked less than 6 months and still managed to suceed in getting a EEA FP/ EEA RC for their spouse upon returning to the UK?

I sincerely appreciate any advice and info offered

Many Thanks

Sarah

As a UK citizen, you have a right to work in the Netherlands. I am not sure why the bar owner is paying you black. I suspect it is in HIS interest to pay you cash in hand.

What is keeping you from getting a Dutch tax number?

While EU law does not require you to have health insurance, you may be required to have it by local law. The basic rule is that if Dutch people are required to have something, then so are you. And conversely, if Dutch people can do something, then so can you.

A job in a bar is perfectly fine, even if it is an Irish bar. Working part time at McDonalds is fine. The thing which is not fine is if your uncle "employs you" and pays you minimum wage but you do not have to show up to work or do anything. But any sort of real work where you have a boss, even an Irish boss, is fine.

And there is NOT a UK rule that you must have worked for 6 months in another EU member state. At least not that I have ever seen.

If your bar boss does not put you officially on the books, I suggest you get a different job and report him to the Dutch authorities. Don't waste your time!

Do you mean Comprehensive Sickness Insurance (CSI) in the Netherlands? Usually, you should get an ehic from the NHS before going to the Netherlands if you had been resident in the UK previously.

Also, I thought if you are a worker in an EEA country, usually you - and your family members - are entitled to be covered by the state health insurance scheme of that country - if as a worker you are contributing towards the state health insurance scheme. Generally, if they are contributing towards state health insurance schemes workers do not require third-party CSI.

It is important to check the health care schemes in your specific country though.

For the Netherlands, the health care scheme is in fact run by private insurance companies.

Here is a link to the Dutch Govt website:

http://english.minvws.nl/en/themes/heal ... efault.asp


This is another website explaining it:

http://www.expatica.com/nl/health_fitne ... he-NL.html

For satisfying EU Directive law it is self-sufficient and their family members and student Qualified Persons that require CSI ( so they are not relying on the CSI provided by the host country and open to accusations of not being self-sufficient).

Or are you asking if you will need CSI if you returned to the UK with your spouse?

As Directive pointed out, if your job is "black" or "on the side" then they won't accept that as legally being a worker for the exercising of Treaty Rights.

Thus, as explained, you need to register as a worker. Or you can exercise Treaty Rights by registering as a jobseeker until you find a legally recognised employment- keep proof you registered as a jobseeker, of applications, interviews etc until you find another job or your current one becomes legitimate with regards to being recognised as a worker by the Govt.

nonspecifics wrote:Also, I thought if you are a worker in an EEA country, usually you - and your family members - are entitled to be covered by the state health insurance scheme of that country, but I haven't checked Dutch health care laws. Generally, workers do not require third-party CSI.

Many countries require you to buy coverage in either a public or a private insurance scheme. e.g. Germany http://en.wikipedia.org/wiki/Health_in_Germany

Hi Sarah,
I had spent a good few months in NL and here is what I can say based on my experience. Hope it helps.


Firstly register with the Gemeente or the town hall and they should give you the tax number on the same day or the next. It usually takes 3 weeks in Amsterdam to get an appointment with the town hall.

Insurance is compulsory. You should only get insurance for yourself before applying for a residence permit for your spouse. Ander Zorg is the cheapest and if you choose 500Euros risk on you the premium would be around 67. You need a tax no for this.

Employers in NL love to make people work and pay cash in hand promising they would do your tax returns once you get the tax no or permit n later on give reasons for not doing it. So be careful.

We eventually left NL because of obvious reasons. Feel free to PM me if
f you need any help. I will be happy to share info.

a few comments on points raised in this thread

in Holland you get a tax number (similar to NI number in UK) automatically when you register your address (which you must do by law) at the Gemeente in the GBA. It is called BSN (Burger Service Nummer), and it is not only for tax but for all your dealings with any government agencies. Like in UK there are heavy penalties for employers who employ illegal aliens or commit fraude with taxes or social security premiums, but some do that nevertheless (like the one sarah82 describes apparently). As sarah82 (probably) nor the Dutch tax office have any record of this employment, it will be difficult for her to prove she was exercising treaty rights in Holland.

Health insurance is mandatory for everyone in Holland (also for the natives; there is not a state health insurance scheme). That is a fundamental difference with UK where NHS is free for the natives. For stays shorter than three months having an EHIC showing that you are covered by an insurance in some other member state is sufficient; for longer stays you must take out an insurance with a Dutch provider (zorgverzekeraar). The mandatory part is called BasisVerzekering and provides cover similar to NHS, on top of that many companies offer additional packages with extra cover (like private insurance in UK).