Experience Verification Against EU law

Hi all,
Thank you for supporting the expats during this stressful waiting period by responding to the questions.
I am a non-EU master's student at Leiden University and my wife is a citizen of Belgium. We got married in November in Leiden and we are living together in the Netherlands since December 6th. She is working in Belgium and she has a sufficient income. We applied online for verification against EU law and received the letter that our application is received and indicates proof of registration. Then we made an appointment with find for biometrics and signature on January 15th. Now I wonder
1) since I have had a BSN number since 2019 and our marriage is registered in BRP system, is it possible to have a response earlier than three months?
2) Because I am a non-EU student, I have to pay an (extra) institutional tuition fee to my faculty. I am paying this tuition fee in installments. Do you think I can get this money back if my application of verification against EU law is approved? Or do you think this letter from the IND that states our application is in the process, is sufficient for not paying the institutional tuition fee?

Thanks for the help

yvsngl wrote:

Hi all,
Thank you for supporting the expats during this stressful waiting period by responding to the questions.
I am a non-EU master's student at Leiden University and my wife is a citizen of Belgium. We got married in November in Leiden and we are living together in the Netherlands since December 6th. She is working in Belgium and she has a sufficient income. We applied online for verification against EU law and received the letter that our application is received and indicates proof of registration. Then we made an appointment with find for biometrics and signature on January 15th. Now I wonder
1) since I have had a BSN number since 2019 and our marriage is registered in BRP system, is it possible to have a response earlier than three months?
2) Because I am a non-EU student, I have to pay an (extra) institutional tuition fee to my faculty. I am paying this tuition fee in installments. Do you think I can get this money back if my application of verification against EU law is approved? Or do you think this letter from the IND that states our application is in the process, is sufficient for not paying the institutional tuition fee?

Thanks for the help

Hi and welcome to the Forum.

To answer your questions:

1.  90 days is the time quoted for all IND visa transactions except for skilled migrant; that said, many come in earlier than that, some take longer, but the majority that we hear about on here take the 90 days.

2.  They have a saying in Dutch, it goes something like "You have no, you may get yes".  My advice is to contact the University and ask them; their phone number is 071-5274050.  I notice they offer scholarships for International Students (link); have you applied for one?

Hope this helps.

Cynic
Expat Team

Hello All.

we need your support and advice please

So I am an Indian passport holder and living in Poland with my Polish partner so far for over 8 years, we are moving to Netherlands as I found a job and my partner is looking as well actively.

We want to apply for the EU verification against law permit for me to live together with him in Netherlands, we are married since June 2021.

From all what we researched, we understand that my partner needs to register for BSN and apply same time our application for this permit however some points not clear :

1. To get BSN only Dutch address is accepted? can it be our home address in Poland as well?

If only Dutch address then can it Airbnb or Hotel? do we all the time have to be there living or can be just book for 1 week show it in application and come back to Poland to finish our relocation stuff here.

we do not have any flat yet to rent and we are still in the process of closing out few thing in Poland before fully moving - so we want to avoid renting a flat already in Netherlands when we wont be living there much. We want to fully relocate and live there from 1st April 2022.

2. As I have currently a job offer and my partner doesn't - can  we still apply for this permit with showing sufficient savings and income from his current job in Poland? - if yes how much money is needed in bank account ?

3. Once my partner has a job can the application be updated with IND to show that now partner not only has savings but also has a job to proof the point that he can support me?

4. Regarding the letter from IND to get allowance to work while waiting for process, how that is decided on what basis? it takes I heard up to 1 month after application so We want to apply that asap so that before 1st April 2022 we at least have that in hand to commence working.

We are a bit confused about how to get things started and moving , as without flat/address we cannot seem to get a BSN and then without BSN other things can not be done like bank accounts etc,

Me as a non EU citizen will get BSN only after this permit is approved? or i can get earlier to at least open a bank account for job ?

Thank you for your Support in advance,  We really appreciate !

Travelingcouple wrote:

Hello All.

we need your support and advice please

So I am an Indian passport holder and living in Poland with my Polish partner so far for over 8 years, we are moving to Netherlands as I found a job and my partner is looking as well actively.

We want to apply for the EU verification against law permit for me to live together with him in Netherlands, we are married since June 2021.

From all what we researched, we understand that my partner needs to register for BSN and apply same time our application for this permit however some points not clear :

1. To get BSN only Dutch address is accepted? can it be our home address in Poland as well?

If only Dutch address then can it Airbnb or Hotel? do we all the time have to be there living or can be just book for 1 week show it in application and come back to Poland to finish our relocation stuff here.

we do not have any flat yet to rent and we are still in the process of closing out few thing in Poland before fully moving - so we want to avoid renting a flat already in Netherlands when we wont be living there much. We want to fully relocate and live there from 1st April 2022.

2. As I have currently a job offer and my partner doesn't - can  we still apply for this permit with showing sufficient savings and income from his current job in Poland? - if yes how much money is needed in bank account ?

3. Once my partner has a job can the application be updated with IND to show that now partner not only has savings but also has a job to proof the point that he can support me?

4. Regarding the letter from IND to get allowance to work while waiting for process, how that is decided on what basis? it takes I heard up to 1 month after application so We want to apply that asap so that before 1st April 2022 we at least have that in hand to commence working.

We are a bit confused about how to get things started and moving , as without flat/address we cannot seem to get a BSN and then without BSN other things can not be done like bank accounts etc,

Me as a non EU citizen will get BSN only after this permit is approved? or i can get earlier to at least open a bank account for job ?

Thank you for your Support in advance,  We really appreciate !

Hi and welcome to the Forum.

I think you may have gotten things a bit confused.  You have a job to go to, your employer can sponsor your visa; your wife is an EU citizen and has the right to live and work anywhere in the EU, she doesn't need a visa.

BSN is nothing to do with immigration; it allows you to pay taxes (so work), gives you access to open a bank account, register with a doctor, register your car, get health insurance and to DigiD which is how you communicate with Dutch Officialdom.  It's your registration with the local council (Gemeente); that said, it is legally required and you must do it within 5 days of moving permanently to the Netherlands.  You can register from anywhere where the landlord permits it (some don't), so ask your landlord before you sign any leases; it can be from an Airbnb or hotel - again, ask.

You cannot register with the Gemeente if you do not live in Holland and there is no online method of registration, you must be there to register - it's a face to face meeting, but there is nothing stopping you from moving to the Netherlands, registering, then travelling back to Poland to pack your things there, then going back to the Netherlands, although that may be difficult (and expensive) from a hotel.  Once you have your BSN, that is your number for life, you do have to de-register with the Gemeente if you permanently move away from your address and then re-register when you get to your next permanent address.

Hope this helps.

Cynic
Expat Team

Hello Cynic,

Thank you so much for the support and information,
the thing is that my employer in Netherlands is not sponsoring me for Visa as it is cost for them, which is why we wanted to go via EU Verification against law method, which will allow me to work and live with my partner in Netherlands.

Problem is that he does not have a job yet in Netherlands but I do have so it's confusing us on how to apply with IND on such basis that he will just support me financially even if i have a job ?

BSN number is needed for the IND process to begin and which is why we are looking for a dutch address to register and looking for flat for us to rent where we can open BSN number for my Partner.

Do you think this way by IND should work? because once I have the letter ( like in 1 month ) I should be allowed to work while living in Netherlands right ?

Thank you

Travelingcouple wrote:

Hello Cynic,

Thank you so much for the support and information,
the thing is that my employer in Netherlands is not sponsoring me for Visa as it is cost for them, which is why we wanted to go via EU Verification against law method, which will allow me to work and live with my partner in Netherlands.

Problem is that he does not have a job yet in Netherlands but I do have so it's confusing us on how to apply with IND on such basis that he will just support me financially even if i have a job ?

BSN number is needed for the IND process to begin and which is why we are looking for a dutch address to register and looking for flat for us to rent where we can open BSN number for my Partner.

Do you think this way by IND should work? because once I have the letter ( like in 1 month ) I should be allowed to work while living in Netherlands right ?

Thank you

Hi again.

I don't know, it's all very confusing; you're partner could go to the Netherlands tomorrow, register and he will have his BSN; he can then sponsor you, but as you point out he has no job, so can't support you.  If he can sponsor you, then your visa could take 90 days and I don't know if your employer will be prepared to wait that long.

My advice is to contact the IND and see what they say.

Hope this helps.

Cynic
Expat Team

Hello Cynic,

as I spoke with my employer , they are ok for me to wait for that long, however only when we speak about my partner sponsering me  for a vIsa that takes 90 days - which visa you are referring to? because in that case I would prefer to apply this visa as dependent on my partner

Because the resident permit for verification against law I read it takes 6 months as per IND website

also to add, that he has no job yet but he has job in Poland and enough savings in account.
Will that be ok ?

Travelingcouple wrote:

also to add, that he has no job yet but he has job in Poland and enough savings in account.
Will that be ok ?

Hi again.

My advice remains the same, contact the IND and explain your circumstances and ask for their guidance.  On the face of it, I don't believe you can do what you want to, but I really hope I'm wrong and the IND will be flexible.

Cynic
Expat Team

thanks for your sharing! I am wondering were you allowed to stay in Netherlands when you were in the process of verification against Euro law?

Hello All,

Please give us some advice.

I am Chinese holding Orientation year visa and will be expired at the end of November 2022. Therefore, we would like to apply for verification against Euro law. I have some following questions:

1. Could I work when I am in the process of visa application because I still have an orientation year visa while waiting for the result?

2. Where should I stay under the process of visa application? Should I leave Netherlands when my orientation year visa expire but still dont receive the result?

Hello everyone,

I am a Kurdish master's student from Turkey. I would like to share my experience in verification against EU Law. Because this topic was helpful for me during the process and I would like to pay it back. I am non- EU and my wife is a citizen of Belgium.
I moved to the Netherlands in 2019 for an internship for a year. I got my BSN and registration since September 2019 and I lived in the Netherlands for one year. Then my residence permit because of this internship expired and I returned back to Turkey. After one gap year, I am admitted to Leiden University as a master's student in 2021. I got my student residence permit in September 2021 again. And I married my fiance in Leiden in November 2021. She was working and I was a student who was working part-time. We applied for verification against EU Law on 27 Dec 2021 online. Even before the process results, upon we received that the application is in process, we gave our biometrics on the 15th of January. On February the 10th we received to upload some further documents such as wedding photos and proof of contacts. The due date was the 18th of February for these further documents. We upload them on the 17th of February. We got the decision that our application is accepted on the first of March which was almost two months. We made an appointment to collect the residence document and we received it from the IND desk on the 18th of March. So from the application to the receiving of the residence document, it took two and a half months which is sooner than anticipated. I am thinking that the reason for the earlier result could be these:
-I was already living in the Netherlands
- We did our official marriage in the Netherlands so the marriage is already in the Dutch data (BRP) system
- We applied online and provide our biometrics even before the decision
- We track our application from the IND website all the time and provide the documents earlier

So to summarize the process:
- 27th of Dec: Online application
- 15th of Jan: Biometric information provided
- 17th of Feb: Additional documents provided
- 1st of March: Decision made
- 18th of March: Residence document collected
Since I was a non-EU student I had to pay an institutional tuition fee. After I received my residence document I asked the university if I can get back the amount that I had already paid. They said that is not possible. I was wondering if you have any idea if I can get back the institutional tuition fee that I paid?

I hope this information would be helpful.

Thanks again forum

Good Morning!!

Hi everyone. I would like introduce myself first. I'm Deli from Indonesia. I have husband is Portuguese citizen. He live and work in Netherland. We just get married in the last year. We want to apply Verification against EU law.

Now I'm in my original country.

My question is do I need go to Netherland first then apply in IND or I could apply while I'm in my country?

If I go first with visa, can I get resident permit in time?

Thank you. Wish get answer.

- @Zevanya Deli

Thanks everyone for their experiences and especially Cynic helping everyone.

I do have a bit specific situation and hope someone had a similar situation and help us here.

I'm from Slovenia and I was working in Qatar for last 7 years. There in 2015  I've met my non-EU girlfriend (from Philippines), so we are together since then. Not married, no registered partnership. Just long and serious relationship.

Recently I've moved to Netherlands and now would like that she joins me here. So we are going for Verification against EU law.

Problem for us is that in Qatar it is not legal to cohabit with your un-married partner. So even though she was spending most of the time at my place, we don't have a 'paper' that IND needs (joint household) .

My questions:

1) How strict is the married/cohabitation/child rule? Guess there can be something done, especially in cases like ours (Qatar) where it is illegal to cohabit together?

I've seen some examples here that photos, travel tickets, texts/calls/mails were enough for IND. We met each other families and are planning to get married here. Guess this is not a real question but would just like to see if someone had a similar situation and word of encouragement.

2) She still has a contract to finish there. I was planning to apply for her, for verification against EU law while she is still abroad. I've also contacted IND and they said yes, it's a standard procedure and she can get her visa at embassy there once application is done. So she can join me here.

Is this a good idea? Since everyone I've seen here is coming on a short term Schengen visa and then applying together for verification against EU law.

Thanks a lot

- @fan86

Thanks Cynic, really appreciate it.

Let's say we start with Verification when she comes here on short term visa (90 days).

Does it make any difference for our application if she comes on facilitation visa, visit friends and family visa or a tourist visa (they are all short term)?

Best Regards

- @fan86

@travelrabbit I am  wondering the same thing, how long did it take you to receive the letter from the IND to get biometrics after you submitted your application? Thanks!