Verification against EU law while being a student (urgent help!!)

Andrew Krul New member

Member since 10 June 2023

Andrew KrulNew member13 June 2023 13:53:42

Hello everyone!!

I have a few urgent questions regarding the procedure for Verification against EU law, which IND cannot provide clear answers for. I am a non-EU student currently finalizing my MSc program in the Netherlands and I have a study permit that expires in October. I am in a long-term relationship with an EU resident, who is also a MSc student in the Netherlands. We are planning to apply for verification against EU law, however, a few aspects remain unclear:

Does my EU partner need to provide any proof of financial means while being a student? On the IND website, it states that only a signed document is required that states that an EU applicant has sufficient means while being a student to support a non-EU partner, however, IND workers did not exactly confirm that this is indeed what is needed nor could they provide any clear answer how much money is required as a proof, if it is needed at all in this case. Does someone have a similar experience or know what is needed exactly in this case?
We are planning to apply in the coming weeks and an IND worker confirmed that we should expect an answer in December in such a case. My study permit expires in October and if, due to any reason, our application for verification against EU law is unsuccessful, I want to know whether I can then apply for an orientation year instead while being in the Netherlands. This question is more about the residency gap, since my study permit will be expired and I will be still in the country with no residency status (besides having a sticker on a passport that will also expire shortly after the decision is made). Can I then still apply for an orientation year without leaving the Netherlands? My alternative option was to just get an orientation year visa first and then apply for a verification against EU law, however, we wanted to skip that step.

I would appreciate any help with either of the questions, I am a bit confused with the whole process and do not know how to proceed exactly, since IND workers 3 times said different things haha. Thank you a lot in advance!

Primadonna Jordan Expert

Member since 03 August 2012

Jordan & Netherlands Expert

PrimadonnaJordan Expert13 June 2023 18:09:40

5333

Welcome on board 馃

The funny part here is that the IND is THE organisation that provides visa's and are the decision-makers and yet you already have the experience that actually no one who works there has the correct answer.

Sorry to hear that.

On another note I wonder if you get it here as we are all expats and not experts.

What might works for you doesn't work for someone else because each case is different.

I really hope that someone has some personal experiences they can share with you.

Correct me if I am wrong but I thought that one of the partners must be Dutch to follow this route???

trikha1 Member

Member since 17 February 2022

trikha1Member13 June 2023 19:10:04

Hi,

Verification against Eu law one partner must be Eu National but not Dutch unless that Dutch National had lived in another eu country.

1st question is about proof of financial means.

front office of IND unfortunately not provide sufficient information so I would suggest to call and ask to talk to someone at back office.

your Gemeente can also help you to find info they will call IND and provide you info.

secondly I can tell from our experience that there is no income for Eu law but you need to prove that you will not be burden on public funds so for that you need to have income or sufficient funds in your bank account. Funny grey Area but it is what it is.

I would suggest you can apply for orientation year and then search job and apply after so you could show that you have income.
if your partner have about 16/17k in her account then you can show that.

I am not a Lawyer just telling what I learned from my experience.

any other questions please do not hesitate.