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I am dutch citizen who is going to marry my long term boy friend who is from pakistan but currently studying in germany on a student visa

After marriage i am going to move with him to germany

My question is will he be eligible for a dutch permanent residency and what will be the process for it?

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He will not be eligible for Dutch permanent residency if he is living in Germany. Instead, he will be able to remain in Germany by virtue of Directive 2004/38/EC "on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States."

This gives him a right to move with you to any EU state other than the Netherlands, subject to very circumscribed limitations. It may also allow him to move with you back to the Netherlands under certain circumstances, or in his own right after becoming a permanent resident in Germany (or, of course, a German citizen). If you anticipate moving back to the Netherlands, the details will depend on when you plan to move.

If you hope to move back to the Netherlands within three months after moving to Germany, you will have to do that under Dutch law using a regular family member visa. After three months, however, you can also make use of the free movement rights of EU law to move together to the Netherlands. After five years of "continuous residence" in the Netherlands, he will become a permanent resident of the Netherlands, under Article 16 of the directive. There are some exceptions outlined in Article 17 that can lead to earlier acquisition of permanent residence.

  • what will be his status under the "Directive 2004/38/EC" and will he need german work visa to work or he can work under this law? . Not planning to move back to netherlands as we are planning to live in germany After 3 years of marriage he will be eligible for dutch passport link – Syed Kazim Feb 14 at 22:50
  • @SyedKazim his status under the directive will be that of a family member of a union citizen as defined at Art. 2(2)(a), and identified as a beneficiary of the directive in Art 3(1). (The latter article seems to exclude your husband with respect to the Netherlands by the language "a member state other than that of which they are a national," but the court has held that the directive also applies to someone returning to their country of nationality (in your case, the Netherlands) from another member state (in your case, Germany)). Beneficiaries of the directive do not need a work permit. – phoog Feb 15 at 16:33
  • @SyedKazim after 3 years your husband will be eligible to apply for naturalization as Dutch, but will still have to pass the Dutch civic integration requirement, which would be difficult to do while living in Germany, I imagine. It may be easier to qualify for naturalization in Germany, though it will take longer than 3 years, of course. – phoog Feb 15 at 16:39

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