# Moving with EU Spouse?



## mardouufoxx (Nov 6, 2014)

Hello,
My husband and I are thinking of moving to the Netherlands (as we've always wanted to and he would like to get his music masters in Amsterdam). My husband is a British citizen, but I am an American citizen. My question is what eligibility points need to be filled in order to get a visa to move with my husband? Salary requirement, etc? Also, what is the name of the visa I'd need to apply for?


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## cschrd2 (Oct 31, 2011)

The rules for immigration are pretty clear and, unfortunately, quite strict. Staying 3-6 months as traveller is no problem if you have funds. Staying permanent or working is pretty limited to EU exchange partners (kind of Shengen +) and special capabilities.. As rules change, please check the IND website : https://ind.nl/EN/individuals/resid...mation/permanent-residence/pages/default.aspx. It's in English so should be no big deal.


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## Bevdeforges (Nov 16, 2007)

As the spouse of an EU national, you shouldn't need a visa. There is supposed to be a "simplified" procedure whereby you can get a residence permit granting you all the same rights and privileges as your EU spouse. 

On the page you have been referred to, be sure to click on the link "For EU/EEA nationals and their family members, other rules apply." 
Cheers,
Bev


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## mardouufoxx (Nov 6, 2014)

Thanks all!


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## 764453 (May 6, 2013)

In a similar position to the OP. I am moving to the Netherlands with my non-EU wife. When she gets her visa and we settle down there will she be allowed to travel to other EU countries on that visa? We would like to take weekend trips to neighbouring Belgium and Germany. Bit of a pain if we have to apply for a separate visa just to visit Belgium for the weekend...


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## cschrd2 (Oct 31, 2011)

That a good thing about Shengen, once you have visa for one you can visit all + Switzerland and UK without additional visa. Country list is on the Shengen website.


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## 764453 (May 6, 2013)

cschrd2 said:


> That a good thing about Shengen, once you have visa for one you can visit all + Switzerland and UK without additional visa. Country list is on the Shengen website.


Just to be clear - the residence permit ( the permanent visa) that she will be issued with allows her to travel through all the Schengen countries with me?


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## cschrd2 (Oct 31, 2011)

Yup


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## Donutz2 (Apr 14, 2014)

More exact: a ressidence permit from a Schengen memberstate (in this case a Dutch one, called VVR Verblijfsvergunning) allowed you travel through all memberstates for up to 90 days per any 180 day period. 

A normal residencecard does not give access to the UK but those who are a family member of an EU/EEA citizen are covered by the Freedom of Movement directive (2004/38/EC) and should be able to travel to all EU/EEA memberstates plus Switserland if the non-EU national is travel with or joining the EU national. However currently the UK does not accept these "familymember of an EU/EEA citizen" residence cards except German and Estonian (?) cards on grounds of these cards being easily forged. The EU court (ECJ) however has just recently ruled that the UK's policy is in violation of the directive and it shouldn't take too long before all EU/EEA familymember cards are accepted, allowing you to travel to the UK aswell. But if you are from a western country such as the US or Canada one wouldn't have to worry about access to the UK in the first place.

Media reports from december 2014 on the ruling (sadly most reporters don't quite understand what the ruling means):
- http://www.bbc.co.uk/news/uk-30528189
- http://www.theguardian.com/uk-news/2014/dec/18/non-eu-family-members-visa-uk-european-court


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## 764453 (May 6, 2013)

Thank you for that. I believe the law regarding the Republic Of Ireland is similar to the UK law. I am worried that if there is a family emergency back in Ireland she will not be able to come with me at short notice without us having to get a visa from the Irish embassy in the Hague. That is going to be awful if there is a death in my family because she will not be able to come with me....


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## Donutz2 (Apr 14, 2014)

I'd hope the Irish would be less difficult then the current British legisaltion!

In theory it shouldn't be a problem to quickly head back to Ireland (for an emergency):
Irish Naturalisation and Immigration Service Family Members of EU/EEA /Swiss Citizens

If your spouse has a Dutch "EU/EEA" residencecard issued under article 10 of the freedom of movement directive it will say something along the lines of "familielid van een burger de unie" (familymember of a citizen of the [European] Union"). I don't quite understand why the card is not also in English... =/ 

If you wish to make sure I'd inquire with the Irish embassy in Den Haag and/or Irish border agency. If they confirm that your spouse can use the residence card (RC) you should be fine even if on checkin at the airport a less-knowledgable checkin employee would raise questions (they could ring the Irish borderagency to confirm that your spouse can travel on this RC visa free).


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