Dear Expaticaers,
I just got the news that from this year the KM partner CANNOT be trated as EU member in paying the tuition fee for a study in University. The criteria is purely based on your nationality, if you'r not a EU citizen, then have to pay as Non-EU sutdent, which 10 times more than the EU student. It's is a heart attack indeed.......
My question is:
1. Does this rule apply for all cities and all Netherlands Universities?
2. Is there any way in my situation can gained reduced or 'subsiduary' tuition fee?
Nationality:Chinese
ID type:I (KM partner, partner's nationality is Chinese)
Year of stay: 3 years
If I get the Permanente Resident in Netherlands, Can I be trated as EU student?
Thank you all in advance.
Amanda
My apologies-- I believe I said in another thread that if you have 'voortgezet verblijf' you are absolutely entitled to the statutory tuition. I was wrong. After examining the law (Besluit studiefinanciering 2000) I now see that not all 'voortgezet verblijf' is the same.
Essentially, your right to statutory tuition with 'voortgezet verblijf' depends on what your right to statutory tuition was when you had your dependent partner permit. And that right depends on whether your partner would have had the right to statutory tuition.
[Note that it can be confusing-- in the law, this is called the 'nationality criterion', but it does not actually have to do with nationality-- it has to do with either being Dutch, or having an immigration status that means that you can be treated equivalent to a Dutch national.]
Thus: partner has a permanent residence permit, therefore your partner has a right to statutory tuition, therefore you have a right to statutory tuition. And you keep that right to statutory tuition when you get voortgezet verblijf. However: if your partner has a residence permit for work (arbeid in loondienst or kennismigrant), then your partner does not have a right to statutory tuition, and therefore you do not have a right to statutory tuition either as her/his dependent, nor if you go on to voortgezet verblijf from being her/his dependent.
So the lesson is: if your partner that you are dependent on is already eligible for a permanent residence permit, she/he should apply for it. Then, as her/his dependent, you will have a right to statutory tuition, and you will keep that right when you go on to voortgezet verblijf.
Hello Avocado, Thanks for the reply! My husband arrived Netherlands since Oct 2007, then, he can no earlier than Oct 2012 begin to apply for his Permanent ID, it's too late, cause I have to apply Master for 2012 fall. Disappointed...
As my understanding, to have a 'voortgezet verblijf' doesn't make me INDEPENDENT from my husband, I will be still treated as his partner, who has the same rights and obligations as he.
Is there any other possibility to make me be treated equivalent to a Dutch national? or maybe better to say, Is there any other way to make my husband to be treated equivalent as a Dutch national?
Thank you again!
This is the really good information which helped me a lot - by Robert Weaver (thanks so much Robert!)
:
"As for your specific situation, the University is not calculating your fees correctly. If you are a long-term resident (you have a Verblijfsvergunning voor onbepaalde tijd), you are entitled to be treated exactly the same as a Dutch national for purposes of education, including student grants. Basically, permanent residents get the social and economics rights as a Dutch national, but not the political rights (voting nationally). If they want you to pay the over-30 rate, then it should be the over-30 rate for Dutch nationals, not the international over-30 rate. Show them Article 11 (1) (B) of EU Directive 2003/109 (link). It states: "Equal treatment 1. Long-term residents shall enjoy equal treatment with nationals as regards: [...] (B) education and vocational training, including study grants in accordance with national law." If they still do not understand, refer to Article 7.43 (1) (a) of the WHW and Articles 2.2(1)(B) of the Wet van de Wet studiefinanciering 2000, which guarantees the lower tuition fee to those who, by virtue of a treaty or ruling of an international organisation have the right to be treated as the same as a Dutch person for purposes of education. Since you are protected under Article 2.2(1)(B) of the Wet studiefinanciering 2000, you are not within the discretionary category in Article 7.43 (1) (a) of the WHW and the University does not have the discretion to charge you the much higher institutional rate. Wageningen University explains the details much better the UvA does. UvA simplifies it a bit too much. See www.wageningenuniversity.nl/NL/Informatie+voor/huidige_bsc_studenten/financi%C3%ABn+en+verzekeringen/Groepen+personen+artikel+2.2+WSF2000/default.htm As for those here without permanent residence status, what I stated earlier about the illegality of making direct distinctions on the basis of nationality in the provision of educational services has been repeatedly confirmed by the Equality Commission (CGB) in judgments 2007-2, 2006-110, and 2004-134. --Robert M. Weaver, BA, LLM, JD Robert@OnPointLegal.eu"
Avocado:
Thus: partner has a permanent residence permit, therefore your partner has a right to statutory tuition, therefore you have a right to statutory tuition.
how can i derive this right?
the Memorie van
Toelichting (explanation on the legislation: MvT on legislation 31
346, nr. 3, pag 2-3)
doesnt give me the right to statutory fee. do you know the latest law which the univ shd be following (all univ have diff regulations) ?if besluit studiefinancieing, where do i MvT on these amendments/law for statutory fee?
thanks
blinkyjunior said:
I only took his advice and I drafted a letter based on the information he kindly provided. I did not engage his professional services.
I must admit that I am a bit confused about how this helped you. Robert Weaver correctly noted that the holder of a permanent residence permit (verblijfvergunning voor onbepaalde tijd), a/k/a a long-term resident, does have the right to student financing. (And for that matter, the partner of a permanent residence holder has a right to it as well.) But you said that you do not have a permanent residence permit and that you have a permit as the partner of a kennismigrant, blinkyjunior ...
twilight said:
Avocado:
Thus: partner has a permanent residence permit, therefore your partner has a right to statutory tuition, therefore you have a right to statutory tuition.
how can i derive this right?
the Memorie van
Toelichting (explanation on the legislation: MvT on legislation 31
346, nr. 3, pag 2-3)doesnt give me the right to statutory fee. do you know the latest law which the univ shd be following (all univ have diff regulations) ?if besluit studiefinancieing, where do i MvT on these amendments/law for statutory fee?thanks
If your partner does not have a permanent residence permit, is not Dutch, and is not a working EU citizen, then I'm afraid you have no way to derive a right to paying the statutory tuition. You can't make a silk purse from a sow's ear. The right to paying statutory tuition is there for people who are viewed as socially integrated in the Netherlands and their partners-- no one else.
Hello Avocado, can I get the conclusion that: even I gain the 'voortgezet verblijf' by the end of this year, but as my husband doesn't have the permanent ID, (still keep his KM identity and he arrived in Netherlands in 2007 Oct, which means he can't apply for Permanent ID until 2012 Oct).
So I can't get the EE tuition fee for 2012's study by any means?
Thanks for all!
also, try this calculator. When I tried it, the rsult I got was I was entitled to lower rates: http://international.hu.nl/Practical%20Matters/Finances%20and%20Costs/Tuition%20fee%20calculator.aspx Perhaps you could ring either the Hague University or the Utrecht School of Applied Sciences and ask what laws they based their calculations on. Hopefully there is a legal basis that the other universities have to comply with. Then maybe post it here to make it easier for others.
avocado said:
twilight said:
Avocado:
Thus: partner has a permanent residence permit, therefore your partner has a right to statutory tuition, therefore you have a right to statutory tuition.
how can i derive this right?
the Memorie van
Toelichting (explanation on the legislation: MvT on legislation 31
346, nr. 3, pag 2-3)doesnt give me the right to statutory fee. do you know the latest law which the univ shd be following (all univ have diff regulations) ?if besluit studiefinancieing, where do i MvT on these amendments/law for statutory fee?thanksIf your partner does not have a permanent residence permit, is not Dutch, and is not a working EU citizen, then I'm afraid you have no way to derive a right to paying the statutory tuition. You can't make a silk purse from a sow's ear. The right to paying statutory tuition is there for people who are viewed as socially integrated in the Netherlands and their partners-- no one else.
my partner has a permanent residence permit. as per univ he has the right to statutory tuition fee and not his partners/spouse (me) and they sent out the above MvT. Now, how do i counter this issue. To my knowledge this is an old Mvt, but i am not able to find a newer one so far.
blinkyjunior said:
also, try this calculator. When I tried it, the rsult I got was I was entitled to lower rates: http://international.hu.nl/Practical%20Matters/Finances%20and%20Costs/Tuition%20fee%20calculator.aspx Perhaps you could ring either the Hague University or the Utrecht School of Applied Sciences and ask what laws they based their calculations on. Hopefully there is a legal basis that the other universities have to comply with. Then maybe post it here to make it easier for others.
Hi Blinkyjunior,
Could you re-paste above calculater link? I can't open it.
The thing is: I don't know what is the procedure now,
I have to go DUO first to get my student subsidary, then with this document, I go to university to argue my lower tuition fee, OR
I go to univeristy directly with my 'voortgezet verblijf' which stand for I am entitled to be treated as EU student. (I have to confirm if this 'voorgezet verblif' is applicable for me, cause my husband doesn't get his permanent ID yet, neither has been here for 5 years yet, which means he can't apply for PP till 2012. so that is to say:1. I can't apply for the 'voortgezet verblijf' 2. Even I get the 'voortgezet verblijf', I can't be treated as EU student, because my husband doesn't have the right as EU citizen.)
ouloveit1 said:
smm1124 .. sorry to butt in here but I don't think you are reading the above text correctly. The 'voortgezet verblijf' is not the issue for you and will not do you any good. To put it plainly .. if your KM partner has the Permanent Residence Permit - you can retain the old EU based cheaper tuition you have had all along. If your KM does NOT have a Permanent Residence permit .. then you have to now pay the NON-EU rate .. which you have decribed as being much higher than before. That's it. There is no other recourse and indeed that is what this Robert Weaver is saying in that above text. In this case twilight is the only one that can take the cheaper EU rate as her partner does have the Permanant Residence Permit. I think twilight will need need to seek council if the school is sending her the same letter. Clearly they are not aware of her situation.
To my knowledge this is incorrect. My partner is a non permanent resident yet I am entitled to the low rate. Two universities ( two of the main ones) told me this as well upon showing them the statutory rule which I mentioned (2.43 or whatever it is called). So unless the rules have changed then I believe you are entitled. Unless the universities made a mistake.
Such a rule allowing longer term residents such as those here for family formation makes perfect sense, policy wise, to me. Such residents are here to join a working partner who is presumably paying taxes so they should be entitled.
I shall post the calculator again when I get a chance, as I have to look for it and I am working to a deadline. Otherwise you could google the words in the address and perhaps you could find it. Let me know if you have a problem.
