Dutch Nationality

[aliaziz]

Hi Everyone and thank you in advance

A quick question I'll be very grateful if I could get some more information.

My wife is a Dutch national and I am non-EU national. We got married in the UK in 2004 lived here till 2008, unfortunately due to her health conditions she could not live here anymore. leaving that aside, as my EEA4 application has repeatedly been refused due to lack of documents (although I've been living in the UK for over 12 years now) - I have decided to join my wife in netherlands. My question is that after passing Dutch Integration test can I apply directly for nationality? or do we still have to be living together under same roof or the past period will count?. We are still married though.

Any replies will be highly appreciated. Thanks

[fahad346]

Hi Everyone and thank you in advance

A quick question I'll be very grateful if I could get some more information.

My wife is a Dutch national and I am non-EU national. We got married in the UK in 2004 lived here till 2008, unfortunately due to her health conditions she could not live here anymore. leaving that aside, as my EEA4 application has repeatedly been refused due to lack of documents (although I've been living in the UK for over 12 years now) - I have decided to join my wife in netherlands. My question is that after passing Dutch Integration test can I apply directly for nationality? or do we still have to be living together under same roof or the past period will count?. We are still married though.

Any replies will be highly appreciated. Thanks

Hi

Once you have lived with your wife for at least three years than u can apply for dutch nationality at dutch embassy in the UK but for that need to pass tests first.

[fysicus]

The rules for acquiring Dutch nationality are very strictly applied; if you do not live at the same address as your Dutch spouse for even a single day, that resets the clock and the three-year period starts at zero again.

If I understand your story correctly, your wife has lived in the Netherlands from 2008, while you continued to live in the UK. While there will be no obstacle for you to move to the Netherlands and join your wife, you can only apply for Dutch citizenship three years later after doing so (assuming you will pass the necessary exams in the meantime, and that there will be no change in the law during this time).

[aliaziz]

Thank you very much both of you -

Fysicus - Further to add to my situation due to the refusal of my initial EEA4 in 2009 and the subsequent appeals process taking this long my passport is held recently by the UKBA. My question is that although I understand that I will have to go back to my home country to apply - Does the EU law apply as we previously have lived in the UK - so that I can join her in the Netherlands as a family member in this case spouse or does that have to be current as their website IND does say 'previously stayed' in an EU state for the EU law to apply.

Also as she is a mental patient (schizophrenia) would that play a part if we request the IND or Dutch Embassy in London to entertain my application in the UK so that we don't have to deal with further delays of travelling etc as this is causing a lot of stress to her and as a whole to the family.

Regards

[fysicus]

When your wife left the UK, also your residence rights in the UK as a family member were terminated automatically. Apparently that happened before you completed the five years necessary to acquire PR.

Whether you had leave to remain here on other grounds or were here illegally for the past few years, does not really matter for your prospects in the Netherlands. And if you go directly from here to the Netherlands or spend some time in your home country first also does not matter.

However, the fact that you lived here together for four years and then separately for even longer than that, is bound to raise a few eyebrows.
It also depends on your wife's financial situation. The way you describe it gives me the impression that she is dependent on public funds and that would make it impossible for you to claim residence rights via Directive 2004/38.

[aliaziz]

Me and wife till this day never claimed a single benefit from 2002 until 2010 i was in full time employment so supporting both of us.
Although I understand that I am not eligible for PR under my circumstances.
Would there still be a chance of Dutch Embassy facilitating my visa to be issued from London instead of me going back? I mean under the circumstances as she suffers from mental illness.

Also on an other note all my siblings are here except my sister who is married back home and parents are of very old age and they live with my sister and her family - Making it impossible for me to go back and stay there (lack of space/funds/sister already burdened by having parents stay there bearing expenses daily look after etc) - Also I have established private/family life over nearly 13 years I was 18 when I came to UK. I have been to college here - started my first job here established my life here. If I were to be sent back I will struggle to even survive.

Under above circumstances do you think Paragraph 276ADE (iv) applies where a 30 months leave could be issued under Long Residence if the applicant has no ties back home.