On short the story is like this:
I am an EU citizen that has the right to work and reside in NL.
My partner is a non-EU citizen.
We are living together (samenwonen) for the past two years (register to the same appartment at the town hall)
My partner for the past four years has been living and working in NL as a kennismigrant.
We were thinking that it is cheaper and he will also have more rights if we asks for him for a residence permit as a EU family member.
However, we are wondering if he will still be able to apply for a dutch long-term residence permit when he will get his 5 years in NL (4 as KM and one as partner of an EU-resident).
Does anybody had a similar situation?
carmenBR said:
However, we are wondering if he will still be able to apply for a dutch long-term residence permit when he will get his 5 years in NL (4 as KM and one as partner of an EU-resident).
Most certainly! And if you have been registered as living at the same address for 6 months or more, his application for EU family member residence will be approved in no time.
avocado said:
carmenBR said:
However, we are wondering if he will still be able to apply for a dutch long-term residence permit when he will get his 5 years in NL (4 as KM and one as partner of an EU-resident).
Most certainly! And if you have been registered as living at the same address for 6 months or more, his application for EU family member residence will be approved in no time.
the only trick is - you have to have an income of your own, sufficient for both (find the numbers at ind.nl). Since you want your partner to have the dependant RP (dependant on you) you may not include his income in such a request.
And indeed - 5 years period is the period of stay, regardless of the purpose. (permanent types of purpose of course)
igor said:
avocado said:
carmenBR said:
However, we are wondering if he will still be able to apply for a dutch long-term residence permit when he will get his 5 years in NL (4 as KM and one as partner of an EU-resident).
Most certainly! And if you have been registered as living at the same address for 6 months or more, his application for EU family member residence will be approved in no time.
the only trick is - you have to have an income of your own, sufficient for both (find the numbers at ind.nl). Since you want your partner to have the dependant RP (dependant on you) you may not include his income in such a request.
The law applying to non-Dutch EU citizens and their family members is significantly different.
A Dutch citizen has to prove that they earn € 1550+ a month with a contract that is valid for at least one year from now.
An EU citizen, on the other hand, only has to prove that they are legally resident as EU citizens: either as an employee or a self-employed person (in which case it doesn't matter how much they actually earn or with what kind of contract, as long as they can show that they are engaged in "genuine and effective" activities, working as a very minimal rule of thumb at least 8 hours a week); OR as a financially self-supporting person, in which case the specific requirement of having 1550 a month available for some time (still somewhat more loosely applied than for Dutch citizens) can come into the picture.
As for his Dutch, yes he will be required by Law to pass the Dutch test... but if he wants to stay here permanently (hopefully with you. 
) he will have to pass the test in order to gain a Dutch passport or the Dutch Permanent Res. permit anyway.
bbastos said:
To everybody else: I have a very similar situation. I am a KennisMigrant (KM) and I am now married already for 1 year with an EU citizen. Next year my resident permit expires. I was simply going to renew it as KM, but is it true that for KM it costs 300 euros? And for EU partner, I just need to pay 40? It looks like a great deal! Is it really correct? Besides, having a permit for EU partner, means that I am also entitled to WORK in the NL?
Yes, it costs just 43 euros, and you are indeed allowed to work wherever you want.
In fact, this is the important thing to understand about your right to stay and work as the spouse or partner of an EU citizen-- it is automatic (van rechtswege) and is derived directly from your marriage or partnership (if you can prove it exists, that is-- note that cohabitation, being a factual situation, is a bit more complicated to prove than a marriage or a registered partnership, both of which are legal bonds that can be proved with a mere certificate) and from the fact that your EU citizen spouse or partner is legally staying in the Netherlands.
This means that when you file an EU family member application to the IND, you are not applying for a permit (which implies that the IND is granting you 'permission' to stay), but rather for a residence document that merely confirms that you are the family member of an EU citizen and have rights based on that.
bbastos said:
For everybody else: does anybody know for how long this permit is issued? Is it for 1 year and we need to renew it yearly?
Residence documents for family members of EU citizens are issued for five years.
bbastos said:
Hey Carmen, did your partner finally received his permit? I am waiting now for 4 months. Still 2 months to go for the deadline. For everybody else: does anybody know for how long this permit is issued? Is it for 1 year and we need to renew it yearly?
Not yet and we are waiting for 5 months. He already made an appointment to get a sticker in his passport since the KM permit expires next week.
On April 24 is our 6 months deadline :S
carmenBR said:
On April 24 is our 6 months deadline :S
Hey Carmen, did you finally get an answer and was it positive?
Guys, do you know what is the procedure when a deadline by IND is not followed? I just talked with some people that due to shortage of personnel in the IND, had their requests answered in a period longer than 6 months. One of them, contacted IND and they apparently "lost" her file, so she had to reapply and wait another 6 months!
Anybody knows of that to do in this case? Can we go to court for such thing or we simply need to accept any delay they make?
bbastos said:
Guys, do you know what is the procedure when a deadline by IND is not followed? I just talked with some people that due to shortage of personnel in the IND, had their requests answered in a period longer than 6 months. One of them, contacted IND and they apparently "lost" her file, so she had to reapply and wait another 6 months!
Anybody knows of that to do in this case? Can we go to court for such thing or we simply need to accept any delay they make?
You need to file an ingebrekestelling or default notice when they exceed the legal decision deadline. Then if they don't make a decision within 2 weeks, you can take them to court to force them to make a decision on pain of a fine of 20 euros a day for the first two weeks, 30 euros a day for the next two weeks, and 40 euros a day thereafter.
But a default notice usually does work by itself.
