Just got back from a rather stressful appointment at the IND (Dutch immigration), where we attempted to apply for proof of entitlement to residency status for me (as a British/EU citizen) and for verification against EU law for my (Thai) boyfriend (which would be dependent on me getting the proof of entitlement first). Long story short, they told us they couldn't process my proof of entitlement application on the basis of the evidence I was providing, and therefore couldn't process my boyfriend's verification against EU law application. I'm still digesting what we've been told (our situation has quickly become very complex!), but I think the person we saw has the rules wrong at least in part, and I'd appreciate any feedback you might have.
(There's also some background to our situation on this previous question I asked recently. For info, I'm already fully registered with the Gemeente (local municipality) etc, and I have all my affairs in order except this entitlement to residency status, which wouldn't be required if I weren't looking to live here with my non-EU boyfriend under 2004/38/EC freedom of movement rules.)
I had intended to register as resident here on the basis of full-time employment that will begin on 18 July. I took along my signed employment contract as evidence of this, but was told that they couldn't process it on this basis because I haven't yet started work - and that in fact I'd need to be working for at least a month or two before they could do it, to allow information on my contracted position, salary etc etc to feed through from my employer to government systems. I've never heard of any requirement for this kind of waiting period before, and it's not mentioned on application form 6021 for obtaining proof of entitlement to residency status.
I am also registered as self-employed here (since 12 June), and as an alternative (for the purposes of the application for proof of entitlement) I had prepared my self-employment registration certificate, a summary of my income from self-employment since 12 June, and copies of invoices sent to clients since that date, as well as a monthly summary of income in self-employment from before 12 June, when I was self-employed in Thailand (albeit unofficially) prior to moving to the Netherlands (on 12 March) and subsequently registering as self-employed here. ('Monthly records of business results' is listed as one of the types of possible evidence listed on application form 6021 for obtaining proof of entitlement to residency status). Clearly, since I've been registered self-employed here for not even a month now, the amount of evidence I can produce is still limited (I don't yet have a balance sheet or profit and loss account to provide), and I don't have (or really want) an accountant of financial advisor who can provide a statement or prognosis (something that's also listed as possible evidence on form 6021). I was told that I didn't have enough evidence of my self-employment to be able to be registered on this basis.
The person we saw suggested that instead registering as self-sufficient would be a way to get around this, but I don't have the savings required (around EUR 10,000-20,000, according to her, although she didn't seem sure and had to ask colleagues - much like she did about everything else she advised!) so that's not really an option.
So the end result is that they couldn't/wouldn't give me my proof of entitlement and, as a result, they couldn't process my boyfriend's application for verification against EU law. Her only advice was that my boyfriend should leave the Schengen area, come back in three months and then start again with this whole process once I have already been in full-time employment during that time. (He arrived here on a facilitation visa on 12 March, so we're now past the three-month period in which he is meant to apply for verification against EU law, although I still agree with others that EU law and the Schengen code indicate that he is not bound by that 90/180-day requirement - I pointed this out to the lady at the IND, but she insisted that the same rule applies to everybody who is in the Schengen area on a short-stay (type C) visa as he currently is.)
Clearly I'm not keen for him to leave the Schengen area (the most practical way to achieve this would be for him to return to Thailand) and for us to be apart for three months. But perhaps the bigger issue here is the looming nature of Brexit - who knows whether in three months' time I'll still be an EU citizen and whether my boyfriend will still be eligible to live here as my family member under freedom of movement rules.
I think I probably need to seek some legal advice as to our situation. Any thoughts in the meantime on whether the IND's position is correct (both in not processing the application, and the advice that he should leave the Schengen zone AND stay outside for three months before returning), or what our next move might be? Thanks in advance! My head is spinning at the moment.