Hi,
So my GF and I are looking to move to the netherlands in a little over a year to study for our masters. She is a dutch Citizen and I am an American citizen. We both have both lived in Israel for 6 years now.
My question is which visa is it better for me to get? One for students or one as her registered partner? I realize that if it is as a registered partner, it is based off of her salary. What must her salary be and is it different if she is a registered student (less money) and does the dutch loan she get during that time count towards the total sum?
thanks!
BeccaStrober said:
Hi,
So my GF and I are looking to move to the netherlands in a little over a year to study for our masters. She is a dutch Citizen and I am an American citizen. We both have both lived in Israel for 6 years now.
My question is which visa is it better for me to get? One for students or one as her registered partner? I realize that if it is as a registered partner, it is based off of her salary. What must her salary be and is it different if she is a registered student (less money) and does the dutch loan she get during that time count towards the total sum?
thanks!
One of the biggest rude awakenings that Dutch expats face when returning to the Netherlands after living abroad is finding out that they can't just bring their foreign partner with them, at least not without a considerable amount of hassle. If you wanted to come in as your girlfriend's partner (note: "registered partnership" in Dutch law means something like "civil union"; it's a legal bond, much like marriage, that is entered into in a legal ceremony at a city hall with witnesses-- it's not necessary under Dutch immigration law to go that far, as you can also immigrate as her unmarried partner if you make a statement that you are cohabiting life partners), then yes, it would be based on her salary-- she would first have to find a job with a contract valid for at least 1 year with a minimum monthly salary of about 1600 euros gross. Student financing does not count toward that amount.
You can, of course, get a residence permit in your own right as a student if you enroll in a Dutch institution of higher education. But the catch, then, is that as a non-EU citizen you would have to pay the full, "private" price of tuition at the university you want to go to (and universities can set that to be whatever they like-- typically around 8000 per year, compared to the statutory tuition of about 2000 euros per year that EU citizens and their recognized family members pay). If you were to have the first type of residence permit as your girlfriend's partner, on the other hand, you would be eligible for the statutory tuition; but then in practice, she wouldn't be able to study because she would be working all the time at that job.
If I were in your position, I would follow the so-called "Europe route" that many Dutch citizens use (perfectly legitimately!) to circumvent the strict requirements of Dutch immigration law for their family members. If your girlfriend FIRST moves to another EU country with you, and establishes a record of having genuinely lived there for 3-6 months, making use of her right to do so as an EU citizen, then when she returns to the Netherlands with you she will be seen as an EU citizen making use of her treaty rights, and the requirements for you to get legal residence as her partner will be significantly more relaxed than her having to show a 1-year contract with 1600 euros of monthly salary. Then you will also qualify for the statutory tuition at a Dutch university and even (if you are under 30) student financing from the Dutch state.
Jeremy Bierbach, LLM
www.immigrate.nl
mrsvis said:
Does my spouse need to have a specific type of contract or just one that is valid for a year? He has an 18 month contract for a company through an agency with a very high probability of being hired on permanently with the company. Will this count?
That's not quite specific enough for me to say. It depends on the nature of the contract and the role of this agency. If it is via a temp agency and, say, his being paid is dependent on him filling in a timesheet, then that does not qualify. It has to be a contract that basically guarantees that he will be paid a certain salary every month-- of course the contract can expect him to work a certain number of hours every month, but it can't be a requirement for him to fill in a timesheet. Likewise, if it is through an agency, the agency has to be able to guarantee that he will continue to get paid even if the client company ends its contract with the agency.
But in case it wasn't clear: otherwise, 18 months would be enough-- the period of validity of the contract has to be at least one year into the future, but doesn't have to be exactly one year-- it can be more, or permanent.
