Partner working in NL remotely w/o work permit

Hi and welcome to the Forum.

You're not the first to ask this question.  We've previously had some tortuous discussions on this in the Forum and as you've found out, it's all very simple until you mention work and/or money.

You've been told all the reasons why she may not work already; I'm not going to repeat them.

Other options, she could set up her own company in the Netherlands and work for her US company as a contractor.  So, she quits, moves to Holland, speaks to the KvK (link) on how to do this - sorry it's in Dutch, but Google translate should deal with it.  You would also need to speak to the IND again as she would be on a different visa - details are at this page of the IND website.  The problem will be if she only has a single US company as a client; you'll see why when you read through the link.

You should also consider how you're going to get medical insurance for you both, it seemed to cause enormous problems for some people in your position.

Hope this helps.

Cynic
Expat Team

To clarify, she is a graduating student with her Masters degree, she will be unemployed as of May. She is looking at an online job called VIP kids, where she will be an independent contractor teaching kids English earning a U.S. income. So there would be no quitting involved as there is no active job she has. She is also considering telehealth positions in the U.S. with the qualifications she obtained with her degree (licenses obtained in the U.S. etc.). 

By different visa, what do you mean? As opposed to being on the same visa as a dependent on my resident's permit? I have read through the link from the IND about self-employed persons, but that seems to specifically address those who want to obtain a resident's permit independently of a partner.
Also, to my understanding of that page, she would need to register with the KvK, have the correct licenses, and have a business plan (which seems to be geared towards those running their own business). None of those requirements seem to apply to working remotely as essentially an English tutor. Also I have read something on the U.S. -  NL tax treaty stating that someone getting paid based out of the country that they aren't located won't have to pay double taxes.

So essentially the primary question is: can she work a remote position legally while living in the NL on a resident's permit obtained under mine of which she doesn't have a work permit? Secondary to that, if she can legally do this, is there a way to avoid paying double taxes, such as through the treaty I mentioned before. Thirdly, I would like to know a bit more about the health insurance scenario you mention. I understand that it is a requirement for all Dutch resident's to have health insurance, is this a cost issue or something else?

Thanks for answering, it is extremely helpful. It has thus far been difficult to obtain answers.

After further research I am now beginning to wonder whether or not I can even get her a residents permit. Will my status as a student for a 2 year stay prevent me from being her sponsor? I believe I need an income of approximately 1600 euros, and I receive a 970 euro stipend per month through my scholarship. Can I add familial support to this? Does the scholarship even apply as income?

Starting to feel a bit discouraged.

You will not be able to sponsor her without sufficent income and no the scholarship doesn't count as income.
Cynic said it already don't forget the mandatory medical insurance that will cost around 250 euros for the both of you.
Also do not forget you will need a place to live and that is also expensive in that area and very hard to find.

Yes you could find a job for 16 hours, but without speaking Dutch your chances of finding one will be difficult.
Try the option of setting up your own company, that should work. She will need more clients to do that.

I wish you both a lot of luck.

Tony Metam wrote:

To clarify, she is a graduating student with her Masters degree, she will be unemployed as of May. She is looking at an online job called VIP kids, where she will be an independent contractor teaching kids English earning a U.S. income. So there would be no quitting involved as there is no active job she has. She is also considering telehealth positions in the U.S. with the qualifications she obtained with her degree (licenses obtained in the U.S. etc.). 

By different visa, what do you mean? As opposed to being on the same visa as a dependent on my resident's permit? I have read through the link from the IND about self-employed persons, but that seems to specifically address those who want to obtain a resident's permit independently of a partner.
Also, to my understanding of that page, she would need to register with the KvK, have the correct licenses, and have a business plan (which seems to be geared towards those running their own business). None of those requirements seem to apply to working remotely as essentially an English tutor. Also I have read something on the U.S. -  NL tax treaty stating that someone getting paid based out of the country that they aren't located won't have to pay double taxes.

So essentially the primary question is: can she work a remote position legally while living in the NL on a resident's permit obtained under mine of which she doesn't have a work permit? Secondary to that, if she can legally do this, is there a way to avoid paying double taxes, such as through the treaty I mentioned before. Thirdly, I would like to know a bit more about the health insurance scenario you mention. I understand that it is a requirement for all Dutch resident's to have health insurance, is this a cost issue or something else?

Thanks for answering, it is extremely helpful. It has thus far been difficult to obtain answers.

Hi again and in response.

I was offering an alternative to her being sponsored by yourself.  At that stage you had told us very little that helped in discerning one route over another; suffice to say there is normally more than one way to skin a cat and I kind of assumed you would be happy to have her with you and not care who's dependent on who.  Anyway, moving on; the bottom line here is that you have already been told by the Regulators that your girlfriend may not work on your dependents visa; more importantly, she may not seek work - anywhere - there is no point in pursuing this.  She has 2 options, apply for one of the work visas (so get a job in the Netherlands with a Dutch work contract) - she appears to be eminently qualified and would probably walk into a job in her own right, or she comes as a tourist and goes home after a maximum of 90 days, just like every other US tourist in the Netherlands.

You are right in your assumptions about working for herself, it is one of the ways that people in your situation have used in the past.

Health Insurance - is an issue you need to seriously consider.  In the Netherlands, it's required by law from the day you set foot in the country.  People with "proper" jobs, just do it, it's very, very simple and works for everyone, there are no pre-existing condition excesses and they can't turn you down.  People in your position who have no proper job have to come with their own insurance; it's one of the reasons I suggested your girlfriend goes the work visa route because it would also solve your medical insurance problem.  There are a couple of companies who target people in your position, but they appear to be expensive; if you search through the Forum, you'll find conversations about that.

Hope this helps.

Cynic
Expat Team