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Australian moving to Europe

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Luciash
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Joined: Sat Nov 03, 2012 6:58 pm
Location: Australia

Australian moving to Europe

Post by Luciash » Sat Nov 03, 2012 7:16 pm

I am an Australian born woman with a Father who holds a Dutch passport and with a Dutch born Grandparent in Holland, along with multitudes of cousins.

My fiancé is Romanian and was knocked back from an Australian tourist visa (I wanted him to meet my family before I moved).
Was this a facial decision?

I read that if I marry him (an EU citizen) I can freely move around Europe, could I live there? How do we go about moving to the Netherlands?

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Nov 03, 2012 7:51 pm

I'm not very familiar with Dutch nationality laws but are you sure you are not also Dutch?

Luciash
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Posts: 3
Joined: Sat Nov 03, 2012 6:58 pm
Location: Australia

Post by Luciash » Sat Nov 03, 2012 8:03 pm

My Father has dual nationality but a few days after he received it the Dutch changed the laws to single nationality only, if I want to be Dutch I have to give up being Australian.

My Mother is Australian.

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Nov 03, 2012 10:11 pm

I believe the Netherlands allows dual nationality in certain cases such as when the other nationality is obtained automatically at birth (because of the other parent / place of birth). Worth checking this.

As for your original question - the EU directives allow EU nationals and their family members to move freely and work within the EU. As Romania only joined the EU in 2007, some countries (including the UK and the Netherlands) impose restrictions on employement (basically you are required to seek permission before you are allowed to work). These restrictions are in place until January 2014.

Luciash
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Posts: 3
Joined: Sat Nov 03, 2012 6:58 pm
Location: Australia

Post by Luciash » Sun Nov 04, 2012 1:41 am

How would any permissions to work be granted?

Can I as an Australian work in the Netherlands too?

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Nov 04, 2012 10:01 am

I'm not very familiar with Dutch immigration matters. Maybe someone else more experienced with it could comment or you might want to look for a Dutch immigration forum.

As far as I know, an employer would need to ask for a work permit proving that the position can't be filled with a Dutch or an EEA national. Obviosuly, if you hold an expertise in a certain field or considered "high skilled migrant" that would be easier.

If your husband would work as self employed, he doesn't require work authorisation.

If your husband is allowed to work, then you (as a family member of EEA national) would be allowed to work as well. You might need to apply for a residence card once you are in the Netherlands.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Nov 06, 2012 1:21 pm

If you are Dutch and have a passport to prove it, then you have a full write to live and work in any EU member state. It is worth checking. You husband could then live and work anywhere that you were.

Romanians have partial free movement in Europe. They can go anywhere for up to 90 days, but they can (for the most part) only work with permission. That will remain like that until Dec 31, 2013. After that Romanians & Bulgarians have a full right of free movement (including working) across the EU.

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