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INC
INC, Solicitor-Advocate
Category: European Law
Satisfied Customers: 11614
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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More details...hmmm...my wife is a Dutch citizen, my one child

Customer Question

More details...hmmm...my wife is a Dutch citizen, my one child is a Dutch citizen, and our second child will be born in a week or two, again in the Netherlands. My wife does not make enough with her job to sponsor me, so I was trying to sponsor myself through Work Sponsorship, but the job offer fell through and my legal time here ends in a couple weeks. Do I have legal rights as a parent, or through marriage to a Dutch citizen, to stay here with my family and get my paperwork straight so I can work?
Submitted: 3 years ago.
Category: European Law
Expert:  INC replied 3 years ago.

INC :

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INC :

Hi, is it possible for you and your wife to travel to another member state and exercise treaty rights for at least a period of three months?

JACUSTOMER-8ijb7pej- :

It might be possible to go to Germany. I don't know if I have the time, though. My time in the Netherlands runs out in a week and my understanding was that the time applied equally through all Schengen treaty nations. If we could travel, what would that accomplish?

INC :

Hi, that is not necessarily the case.

INC :

As the Spouse of an EEA National, if you exercise treaty rights in another member state, along with your spouse, for at least 3 months and then return to the EEA Country of your Spouse, they should allow you in the same as any other EEA National.

JACUSTOMER-8ijb7pej- :

OK, I see. After I came back in, what would allow me to obtain a residency or working permit? Would being the parent of a Dutch/EU/EEA citizen make that easier? Is being a spouse of a Dutch/EU citizen helpful in allowing me to stay with my family and work? Or would it be easier to do this in a country other than the country of my spouse?

INC :

Hi, being the parent of an EEA National child should make the process simpler under the ruling in the case of Zambrano.

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