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Last Update: May 19
Joined: November 29, 2003

christianbarth

christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
shalash said:Hallo
I am lost in an ocean of different info and advices
I am not EU, stayed here as a kennismigrant partner with "Regulier bepaalde tijd. Verblijf bij echtgenote. Arbeid vrij toegestaan. TWV niet vereist"
On 1.9 it will be 3 years I live and work here (more than 2 years for the current employeer + permanent contract)... more
- May 19
christianbarth replied to a topic in the forum Americans in the Netherlands:
hnadams1 said:
Does anyone know the Exit Requirements to leave NL with an American passport? I have already emailed a lot of institutions, but it's unbelievable that this info is so difficult to find online! I have seen travellers pulled out of the line to board their planes at Schipol because their passports weren't valid for another six months. I would really love to avoid this scenario!

I bought a ticket to leave in June, and my passport expires in November. I'm not sure if I need to rush a passport renewal or will I be ok under the current passport?... more
- May 14
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
merSami said:Hi,

My knowlegde migrant contract ends at the end of July. So does my residence permit. If my company does not renew my contract do I get 3 months, 28 days or no time at all before I need to leave the country? How much time will I have to look for a new job and would I get unemployement benefits?
... more
- May 11
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
If you own more than 25% of the company, then you are considered under IND rules to be self-employed. So your accountant has to complete the form for self-employment.
Christian Barth, Attorney
www.expatlaw.nl
- May 8
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
javed006 said:Hi there i am posting this on behalf of my friend.

My Friend he is from india he came to The Netherlands on a student visa his first 3 years were very smooth now he was in to his final year of studies but due to some financial problems he was not able to pay his tution fees and now he is being derigistered from the school,and his student residence card has being expired but his case is still in process with IND but he has a feeling that he is going to be illegal.He went to india for a month after getting a return visa from IND. When he was in India he felt some pain in his leg he was not able to walk properly he had a check there and Doctor came out with a tumour in his knee,which is treatable but after the surgery it will take about 10 weeks to recover as he had only a month visa he came back to the Netherlands and he would rather do the surgery here now he applied for the healthinsurance i guess Agis but he is being rejected because he has not resident document and he is not legal anymore ... ... more
- April 26
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
RamakrishnanSabarish said:Hi All,

I am a KM working here in the NL from July 2012. My current RP will be expiring in July 2013 and I have applied for the extension for the same. I applied this in the March end and I got a letter to pay the fees in the first week of April. I have already paid the fees and it has been 2 weeks now. I called up the IND and they said they will make the decision and they will send the invite during mid june which was quite surprising. Could you please let me know on an avergae time when can I expect the invite letter to collect my RP? I need the RP because I need to apply for the dependant visa as well.
... more
- April 26
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
tamara_m said:Hi there,

Wondering if:
... more
- April 26
christianbarth replied to a topic in the forum Business and Finance in the Netherlands:
StephanieLouiseMurray said:Hi everybody ,,, I am considering a move from France to Amsterdam in the next spring. I would like to know what the procedure is ( easy or complicated ) for setting up as a Free lance worker ,,, I already have potential clients after over 35 years working in Fashion. In France there are many methods but as yet I am in the beginnings of my Dutch investigation ,,, any info would be great ,,, Also is living in the center of the city a possibility or just a dream ? thank you for ANY info on either subject ,,,, I LOVE the city and am looking forward to moving there. Stephanie
You can live in the center of town if you don't mind tourists. Rentals are found at www.funda.nl
Regarding self-employment, it's easy if you have an EU passport.
It's possible for American citizens to get a residence permit for self-employment under the Dutch American Friendship Treaty.... more
- April 6
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
SamShine said:Thanks christian for your reply. But that also means a KM,when he changes his job, since a new KM permit is not required, he doesn't need to meet KM salary level. Is that correct?
That is not correct. He still has to satisfy the KM rules b... more
- March 30
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
Does this mean a KM doesn't need to apply for a new KM permit once he/she changes the job? What about the rule 28 days and 3 months? will it still remain unchanged? Anybody has any clue?
A KM doesn't need to apply for a new KM permit upon changing jobs.
The rule remains that KM who lose their job for no fault of their own before the expiration of their contract can request a three month period to look for a new KM job.
The rule remains that people are allowed a grace period of 28 days to leave NL after the expiration of their residence permit, after which date they become subject to deportation and penalty.... more
- March 28
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
elsavako said:Thank you Christian! I haven't received the letter yet - IND still has to send me - Ombudsment just informed me today. Yes I know IND is super strict - that's why I want to know what are the chances and if the fight is worth it (time/money w... more
- March 22
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
sps said:
Two actually -

- I am KM and wish to apply for PR for me and my family with varying dates of arrival. If I provide precise details will you be able to indicate no-obligation ballpark charges? (I want to know if I can afford that or should push it on to my employer)... more
- March 21
christianbarth replied to a topic in the forum Legal Problems in the Netherlands:
elsavako said:an update finally! So after two complaints to IND and Ombudsmen, the latter made IND acknowledge that they had to send their decision (about residency gap) directly to me not only to relocation agency which submitted docs on my behalf. This means that despite the fact that IND issued its decision 2 years ago and I had 4 weeks afterwards to challenge it, I can still do it!! good and bad news i guess. Anyone with an experience fighting a residency gap with IND can you please suggest what's an estimated outlay of time and money? I have a miserable experience with lawyers in the NL, can anyone suggest good immigration lawyer (price doesn't equal quality i've learnt)? Everyone seems to be pointing to everaert? thanks! and I hope my case helps some of you...
We can help you but first we'd like to see the letter from IND...and your original post says your employer filed the application too late ...the fact that you are now allowed (so you say) to challenge the gap doesn't mean that the appeal would b... ... more
- March 21
christianbarth replied to a topic in the forum Americans in the Netherlands:
DelftExpat said:Is an apostille required?
Anyone had experience of getting the residence permit without an apostille?
the IND NL website says that if for any reason an apostille is not presented a written statement should be submitted with the paperwork.
... more
- March 19
christianbarth replied to a topic in the forum Americans in the Netherlands:
DelftExpat said:Other than the passport & birth certificate, do you need anything else for the residence permit?
The company HR is having some confusion cuz they never hired a US citizen before and is asking me a bunch of paperwork such as the family registration that koreans have but we don't.
So I just wanted to make sure what I need exactly since the info online varies a little...
If your new Dutch employer's HR department doesn't have any experience obtaining work and residence permits for foreign nationals in the Netherlands, you can refer them to our office and we can help them and you through the immigration process. ... more
- March 19
christianbarth replied to a topic in the forum Americans in the Netherlands:
abigail1 said:I'm not giving legal advice (though I do know how to spell it). I am well aware that every one of these verblijfsvergunnings are the same. I am also aware that you completely misunderstood what I wrote, or chose to distort it. I'll go for the former. Over and out.
Like I said, no proof. No one misunderstood what you wrote, and no one distorted it.

Christian Barth, Attorney... more
- March 8
christianbarth replied to a topic in the forum Americans in the Netherlands:
AnnaLindaWolff said:

Note: It is much more expensive to get your driver's license here and you can only take it in Dutch. So you can keep your US license until it expires and get an international license. When you renew your US license you will have to have a residence there in order to get one. Something to think about.
If you have a Dutch residence permit you have to get a Dutch license. You can only drive on a foreign non-EU license for the first six months you are here.... more
- March 8
christianbarth replied to a topic in the forum Americans in the Netherlands:
abigail1 said:Mr. Barth, I'm impressed you can read my verblijfsvergunning all the way from Utrecht, but I recommend you put on your glasses. It speaks of "publiek middelen," which goes beyond actual welfare. When, for instance, I met with someone regarding taking the dreaded inburgerings classes, I was told that I didn't even need to test out of them because I'm not eligible for such classes. Why? Because those classes are (or still were then) paid for by the state, and anything that involves receiving anything at all that is given freely by the state is out of bounds for DAFT vergunninghouders. Therefore what I wrote is absolutely true: one is not eligible for all benefits available to Dutch nationals. As for the 40K thing - if I have time I'll look it up. I probably have it buried in my original files, though it honestly may have come from the IND web site at the time, and I can't exactly replicate that if it says something different nowadays.
I don't need to see your DAFT permit to know what's on the back of... ... more
- March 8
christianbarth replied to a topic in the forum Americans in the Netherlands:
abigail1 said:Oh, sorry - I missed one. Yes, you must show that your business benefits the Dutch economy, though the interpretation of that idea is pretty loose.
Really, this comment completely misunderstands the DAFT rules and how they differ from the rules applicable to non-EU entrepreneurs. DAFT applicants do not have to satisfy the Dutch economy benefit test, which is a points system. They have to meet the minimum investment requirement. "the interpretation of that idea is pretty loose" doesn't mean anything at all.

For example, a non-EU national would never qualify for a self-employment permit to open a pizza shop (no Dutch interest) but there would be no problem for an American (or Japanese national) to do the same.... more
- March 8
christianbarth replied to a topic in the forum Americans in the Netherlands:
abigail1 said:Fortunately, Mr. Barth, you are not my attorney, because you are wrong. You DO need to show a certain amount (when I applied, it was 40,000 euros) in savings in order to obtain the first permit. Health care in the Netherlands is third world, and the statistics show it. And no, a DAFT permit does NOT allow you to obtain the same services as Dutch nationals, and it states exactly that even on my verblijfsvergunning. Nice try, though.

The only thing it says on the back of your DAFT permit is that you can lose it if you go on welfare. Which of course would be proof that you are not meeting the conditions of your permit.
... more
- March 8

May 19, 2013 9:40:13 AM CEST

in the topic KM partner - best option to stay independantly in the forum Legal Problems in the Netherlands

shalash said:
Hallo

I am lost in an ocean of different info and advices

I am not EU, stayed here as a kennismigrant partner with "Regulier bepaalde tijd. Verblijf bij
echtgenote. Arbeid vrij toegestaan. TWV niet vereist"

On 1.9 it will be 3 years I live and work here (more than 2 years for the current employeer + permanent contract)

My partner's next contract is in another country.

What is my best option to arrange my own legal stay in NL?

Thanks!

Can you qualify as a highly skilled migrant on your own? Then your employer could sponsor you for a new permit. Christian Barth, Attorney www.expatlaw.nl
May 14, 2013 10:43:37 PM CEST

in the topic Passport Validity Requirement to Leave NL in the forum Americans in the Netherlands

hnadams1 said:

Does anyone know the Exit Requirements to leave NL with an American passport? I have already emailed a lot of institutions, but it's unbelievable that this info is so difficult to find online! I have seen travellers pulled out of the line to board their planes at Schipol because their passports weren't valid for another six months. I would really love to avoid this scenario!

I bought a ticket to leave in June, and my passport expires in November. I'm not sure if I need to rush a passport renewal or will I be ok under the current passport?

Thanks! And if you have a link to support your answer that would be very helpful!

The airlines just enforce the rules of the countries involved, if they pull someone from the line for a passport that's not valid for six months, it's because that's the rule of the destination country.

Entry and exit passport validity requirements vary by country. There is a list available at http://travel.state.gov/

Christian Barth, Attorney www.expatlaw.nl
This post was edited by christianbarth at May 14, 2013 10:43:37 PM CEST
May 11, 2013 12:08:10 PM CEST

in the topic End of one year Knowledge Migrant contract in the forum Legal Problems in the Netherlands

merSami said:
Hi,

My knowlegde migrant contract ends at the end of July. So does my residence permit. If my company does not renew my contract do I get 3 months, 28 days or no time at all before I need to leave the country? How much time will I have to look for a new job and would I get unemployement benefits?

Also, what is the minimum legal length of a knowledge migrant contract? Can my employer extend my contract by only a few months?

Thanks,
Omer

When your residence permit expires, your legal residence ends, and you have 28 days to leave the Netherlands. If you want to stay in NL, you need to find a new knowledge migrant job now, starting 1 august 2013. Christian Barth, Attorney www.expatlaw.nl This post was edited by christianbarth at May 11, 2013 12:08:10 PM CEST
May 8, 2013 8:07:31 PM CEST

in the topic Proof of Income for EU Permanent Residence permit? in the forum Legal Problems in the Netherlands

If you own more than 25% of the company, then you are considered under IND rules to be self-employed. So your accountant has to complete the form for self-employment. Christian Barth, Attorney www.expatlaw.nl
April 26, 2013 8:30:16 AM CEST

in the topic Problem with Health Insurance in the forum Legal Problems in the Netherlands

javed006 said:
Hi there i am posting this on behalf of my friend.

My Friend he is from india he came to The Netherlands on a student visa his first 3 years were very smooth now he was in to his final year of studies but due to some financial problems he was not able to pay his tution fees and now he is being derigistered from the school,and his student residence card has being expired but his case is still in process with IND but he has a feeling that he is going to be illegal.He went to india for a month after getting a return visa from IND. When he was in India he felt some pain in his leg he was not able to walk properly he had a check there and Doctor came out with a tumour in his knee,which is treatable but after the surgery it will take about 10 weeks to recover as he had only a month visa he came back to the Netherlands and he would rather do the surgery here now he applied for the healthinsurance i guess Agis but he is being rejected because he has not resident document and he is not legal anymore in the country so he needs some serious help before his knee gets worst.

I heard the red cross they do help in this cases does anybody anything about it or does anybody know any healthinsurance who accepts without any checks on the ID .
More help and More replies will be appreciated.

Here is a link to a brochure explaining medical care for undocumented aliens in NL http://www.askv.nl/paspoort/passport_ENG.pdf As explained on page 6 of the brochure, your friend can obtain medical care. Christian Barth, Attorney www.expatlaw.nl

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