European way
08.09.2021The European Route, or as it is often called, the Belgian Route, is the name given to a legal method of circumventing Dutch rules for reunification or family formation by living alone or with a spouse or partner in another EU country for some time. This is often the only remaining option for many people who have taken advantage of other opportunities but have not received results.
This method complies with European legislation (Directive 2004/38). European legislation is more flexible in the field of family reunification than Dutch legislation: if one of the partners or family members is registered in a non-EU country, he can obtain documents for legal residence on the basis of the above Directive.
What is the “European way” based on?
When the European Union was created, a law was passed on the right to free movement of workers between EU members. These rights now apply to all EU citizens. As of 30 April 2006, the rules laid down in Directive 2004/38 apply in all 28 EU Member States.
European rules apply only to those EU citizens who have exercised the right to free movement, only then will EU citizens be subject to European law. Thus, in order to apply the rules of the “European way”, an EU citizen must immigrate to another EU country. The right to move freely applies to certain family members and partners, regardless of citizenship. For example, for a Dutchman living in the Netherlands, family reunification along the "European path" is not applicable, and for a Belgian or German settling in the Netherlands, the "European path" is applicable. The most important condition is that a citizen of the Community has sufficient means of subsistence. This can be savings in a bank account, salary, or other income.
Thus, a distinction is made between Union citizens who have moved to another EU member state and Union citizens who have resided solely in their own country. This distinction is sometimes expressed by the term "Community citizen," meaning a Community citizen is a foreigner who is a Union citizen and who has exercised the European right of free movement. This term is not defined anywhere, but is often used.
Examples of the benefits of a Community citizen:
In the event that a citizen of the Union moves to another EU country, European laws apply to him. That is, European legislation prevails over national and European rights can be fully implemented. The right to found / reunite a family is also a European law.
According to Community law, the spouse/registered partner/family of a Community citizen have the same Community rights as an EU citizen, provided there is a link to the EU citizen. The invited party derives these rights from the EU citizen by operation of law. These rules also apply if the EU citizen is married or in a long-term relationship with a foreign partner from a country outside the EU. In the Netherlands and some other EU countries, cohabitation is also taken into account. Children under 21 years of age, as well as other relatives such as parents, parents-in-law, grandparents, and grandchildren, may participate in the family reunification procedure under the "European route." One of the conditions is that the family needs the support of the EU citizen to maintain a normal standard of living.
When can you bring relatives along the "European path"?
This route is mainly used by citizens who cannot bring their partner through the normal MVV procedure, for example because the inviting party cannot meet the income requirement or because the partner cannot pass the integration exam.
In case of family reunification, the entry visa must be provided free of charge. Upon arrival, the eligibility procedure begins: a relationship of kinship, proof of identity, and sufficient income must be demonstrated.
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