Advice for a newbie (Directive 2004/38/EC)

[youngun]

I found this forum while searching for information on The Directive, so I figured I'd try my luck and share our situation.

I am the non-EU spouse of a British citizen. We have been married for just over 3 years, and have been living in my country (Philippines) for almost 4 years. Throughout this time, we have both been working online as Internet Marketers and freelance writers.

Recently, we have decided to make our way West as living conditions in my country isn't exactly stellar. My husband does not want to return to the UK, so we are considering The Netherlands as we have some very close friends there.

My question is will The Directive work for our situation, even when he has not lived in the UK since 2006 (he spent two years in Thailand before moving to the Philippines with me)?

How do we get the ball rolling? Do we simply walk into the Dutch Consulate (there's one in my city), and tell them we want to invoke The Directive? Or will I have to go through the whole Shengen visa application, even when The Directive states that the non-EU spouse shouldn't have to go through all the paperwork/requirements (bank statements, travel itinerary, hotel reaervations, etc.)? Will the Consulate even know about The Directive, or will it be better to go straight to the main Dutch embassy in Manila?

Also, does anyone have any experience of using The Directive as 'jobseeker' in The Netherlands? The plan is to find local work for my husband while I remain self-employed and doing my online work.

It would be great to hear of anyone successfully invoking The Directive from the Philippines or to in The Netherlands.

Thank you.

[Directive/2004/38/EC]

The requirements for you to move to the Netherlands are that:
(1) you are a family member of an EU citizen
(2) you both have passports

Should be issued quickly. Apply locally. If they are confused you can straighten them out. Be sure not to answer the questions with a * (star) on the application form. Do not provide bank statements or anything other than your passports and marriage certificate.

I would apply locally at the consulate.

[EUsmileWEallsmile]

Will the Consulate even know about The Directive, or will it be better to go straight to the main Dutch embassy in Manila?

Phone or email them and ask if they are capable of accepting visa applications. Some are no more than honorary consulates and can't do very much.

http://philippines.nlembassy.org/organi ... pines.html

[Directive/2004/38/EC]

http://philippines.nlembassy.org/servic ... for-a-visa

This is a list of where you can apply for a visa.

Note that you do not require any insurance for the visa to be issued.

[EUsmileWEallsmile]

Good spot!

[youngun]

Thanks so much for your replies! They are all very helpful.

I guess my next question is if the EU citizen is there as a job seeker, can I, his non-EU spouse, look for and be eligible for jobs as well? Or will the conditions of my stay make me a complete dependent of his?

[ca.funke]

http://philippines.nlembassy.org/servic ... for-a-visa

This is a list of where you can apply for a visa.

Note that you do not require any insurance for the visa to be issued.

Note that, as an EEA-family-member you should get the visa "free of charge", as such even telephone-costs for an appointment are illegitimate.

You can/should contact the embassy via email/their landline, and enquire how to receive an appointment w/o incurring any costs.

Rgds, Christian

[Directive/2004/38/EC]

I guess my next question is if the EU citizen is there as a job seeker, can I, his non-EU spouse, look for and be eligible for jobs as well? Or will the conditions of my stay make me a complete dependent of his?

From the moment you both enter the host member state, in theory both of you can work.

There is not a requirement that the EU citizen must first be working before the family member can work.

The challenge is to get proof of the family member's right to work before they have received their Residence Card.

[youngun]

From the moment you both enter the host member state, in theory both of you can work. The UK makes this easy because entry on the EEA FP explicitly allows the family member to work.

There is not a requirement that the EU citizen must first be working before the family member can work.

Will I still need an EEA FP in Holland? I was under the impression that that can only be acquired in the UK.

[Directive/2004/38/EC]

Sorry, I was confused when I wrote. EEA FP is a UK only type of visa. Nothing to do with the Netherlands.

[st pauli]

I guess my next question is if the EU citizen is there as a job seeker, can I, his non-EU spouse, look for and be eligible for jobs as well? Or will the conditions of my stay make me a complete dependent of his?

From the moment you both enter the host member state, in theory both of you can work.

There is not a requirement that the EU citizen must first be working before the family member can work.

The challenge is to get proof of the family member's right to work before they have received their Residence Card.

Does this vary by each EU member state? As I understood this in Ireland it takes six months to get the necessary card (4EUfam in this case) for the non-EU spouse to work.

[EUsmileWEallsmile]

Does this vary by each EU member state? As I understood this in Ireland it takes six months to get the necessary card (4EUfam in this case) for the non-EU spouse to work.

It's certainly not meant to vary. All member states have six months in which to issue the article 10 residence card - some are quicker than others.