I recently graduated (MSc from a Dutch technical university) and started working in the Netherlands last February 2021. I earn ~36k/year and I received housing and healthcare allowances during my studies in the Netherlands. Am I allowed to sponsor my wife (American citizen) and reunite in the Netherlands?
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1 Answer
As long as you are not a Dutch citizen, your wife can join you in the Netherlands under EU law. All the restrictions that apply to the spouses of Dutch citizens and third-country citizens do not apply to you.
She should travel to the Netherlands without a visa, carrying proof that she is the spouse of an EU citizen. She would then apply for a “Toetsing aan EU-recht” at the IND.
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Thx! I'm Italian. My work contract is one year and it will officially terminate in February 2022. My employer is willing to renovate if everything will go well, but it is a bit too early to start this kind of conversation with my employer since I started working less than two months ago. I'm an engineer, so it is generally relatively "easy" to find another job in the Netherlands, and she will start an MSc in Engineering in the NL too. Would my 1-year contract (which will officially expire in less than a year when we'll apply to the IND) be a problem for the application against the EU law?– MarkCommented Mar 21, 2021 at 9:38
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@Mark the length of your contract is irrelevant, as is the amount of money you earn. Your wife can join you for as long as you stay in the Netherlands, provided you are employed, looking for work, studying, or in possession of sufficient resources to support yourselves without working.– phoogCommented Mar 22, 2021 at 2:15
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1@Mark see europa.eu/youreurope/citizens/residence/family-residence-rights/…, especially the part that says "If your EU spouse is legally employed in another EU country, you can stay there with them without having to meet any conditions."– phoogCommented Mar 22, 2021 at 2:25
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@Mark No, it's not a problem, the requirement is only that your work is “effective and genuine”, it doesn't need to be permanent, full-time or above minimal wage (which yours obviously is). Case law from the EUCJ and instructions from the IND are very clear about that. Your wife should also get a 5-year residence card regardless.– RelaxedCommented Mar 23, 2021 at 8:07
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Thank you to both of you .My wife got accepted to a public Dutch university for a MSc in engineering, do you know if we will have to pay EU/Dutch tuition fees or international fees? Tried to contact the uni, they refused to give extra info. They said “show us the visa and we’ll tell you based on that”.– MarkCommented Mar 23, 2021 at 13:44