Auteur Topic: Community Law does it apply?  (gelezen 2070 keer)

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Offline Boulouris

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Community Law does it apply?
« Gepost op: 11 maart 2006, 11:11:59 »
Hi everyone,

My name is Sam. I should probably start with the cold facts. I am an american living in France with a working visa there. I have been living there for 4 years now. Two years ago, I met Diane, my very tall Dutch girlfriend who I have been living with for about the same time. Recently, she moved back to Holland, and of course, I'd like to come with her to live and work.

After combing through this site and others and checking out the official party line from the IND, I've come to one conclusion. ** THIS AIN'T GOING TO BE EASY** which I think is the conclusion the IND wanted you to draw.

As I see it, since I already have a work permit in France, I qualify as a community national, and if I was married or had a registered partnership in France, I could apply for Verification under Community Law and eventually join my girlfriend, sorry my soon to be wife.

I'd still have to get our marriage registered in Holland and go through the M46 process, but that after that, I don't believe I would need to apply through the longer process called Application for a residence permit with MVV. Assuming the above is true, ( not really sure ), if we were married in Holland, as I understand, you would go through the normal M46 procedures, but after the marriage, I'd still need to apply for the permanent resident permit under Dutch law, meaning go through the Application for a residence permit with MVV. (This as I understand can take up to 12 months to be processed).

Just to summarize, the main points which I'm not really clear on.

1. Where and where not does Verification against community law apply?
2. Since I live and work in France am I considered a community national and as thus qualified for the above (Verifcation against Community Law}
3. How may getting married/register partnership in France help my situation vesus comimg to Holland to getting married?

I just want to underline the most important element, in this story is that I still live in France, and my girlfriend has already moved back to Holland.

Thanks for all your help.

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Community Law does it apply?
« Reactie #1 Gepost op: 13 maart 2006, 18:39:56 »