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US-Citizen-Spouse of an EU-Citizen work permit in Holland

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nkmigal
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US-Citizen-Spouse of an EU-Citizen work permit in Holland

Post by nkmigal » Mon Jul 09, 2007 9:52 pm

I am an EU citizen. My spouse is a US citizen. We're moving to The Netherlands. Can he get a work permit through me? Or does he have to be sponsored through a job/by a company?

JAJ
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Re: US-Citizen-Spouse of an EU-Citizen work permit in Hollan

Post by JAJ » Tue Jul 10, 2007 12:57 am

nkmigal wrote:I am an EU citizen. My spouse is a US citizen. We're moving to The Netherlands. Can he get a work permit through me? Or does he have to be sponsored through a job/by a company?
What EU state are you a citizen of? And where are you currently living?

nkmigal
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Post by nkmigal » Tue Jul 10, 2007 1:35 am

I am a citizen of Poland, currently living with my husband in the US.

JAJ
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Post by JAJ » Tue Jul 10, 2007 4:58 am

nkmigal wrote:I am a citizen of Poland, currently living with my husband in the US.
Have you got a green card or are you a U.S. citizen too?

If you only have a green card, are you aware of the consequences of abandoning it?

You also need to check if Polish citizens have work rights in the Netherlands.

nkmigal
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Post by nkmigal » Tue Jul 10, 2007 4:59 am

I am also a US citizen and Poles can work in the Netherlands without being sponsored by anyone.

flyboy
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Post by flyboy » Tue Jul 10, 2007 8:24 am

The Dutch labour market has been opened up to the citizens of the 2004 accession countries since 1 May 2007.

As long as you will be exercising a treaty right, your spouse can apply for a residence document with the same rights as yours.

Have a look at the following link - hope this helps:

http://www.ind.nl/EN/verblijfwijzer/ver ... =1&lang=en

nkmigal
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Post by nkmigal » Tue Jul 10, 2007 12:24 pm

Yes, I understand that residence is not a problem. It is the work permit that we are concerned about.

Docterror
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Post by Docterror » Tue Jul 10, 2007 2:07 pm

Since you are allowed full access to the labour market, your spouse will also be given the same powers,i.e- he can take up employment in any job that he qualifies for without the need for a work permit... exactly like any other EU national is entitled to.

So, in one word- No! He does not need a work permit to work in The Netherlands.
Jabi

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 Jul 10, 2007 2:52 pm

The EU citizen and the non-EU family member may move to another member state for under 3 months with no preconditions. They may both begin working immediately. If you want to stay for longer than three months, your non-EU spouse will be required to get a Residence Card. You will apply for the Residence Card in-country.

If your spouse wants to work immediately upon arriving in the Netherlands, you might want to check with the Netherlands embassy or submit a visa application clearly indicating that you want to work and including your polish passport and your marriage certificate. That way you have a clear marking in your passport indicating that you have the right to work.

See the section on Directive 2004/38/EC in my blog for more information.

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