On 23 February, the Secretary of State announced that the conditions imposed on the durability of the income requirement for family reunification of flex workers and employees with a labor contract shorter than one year is going to be eased up.
The current scheme is that if an employee has a flexible employment situation or at the time of application for employment which is valid for less than a year, the applicant must then prove to that he/she has in the three years prior to the application has met the income requirement. Additionally, the employee in this period may not have been unemployed for more than a total of no more than 26 weeks.
The reason for this relaxation is a ruling of the Administrative Law Division of the Council of State (Dutch highest administrative court) in which it held that a period of three look back is too long and violates the Family Reunification Directive. The Court of Justice Department earlier in 2016 went to the so-called Khachab judgment in which the Court ruled that look back for a period of six months in any case is allowed.
Under the new scheme in cases were the applicant is either flex worker of has a labor contract of shorter than one year, the IND will look back for a period of one year instead of three years now. Additional condition is that the IND will look ahead for a period of six months. Ergo the income must be available for at least six months at the time of application. Due to the shortening of the look back period, the unemployment benefit (WW) and the Sickness benefit (SW), as opposed to the current policy, will not be included in the income assessment.
Expats returning to the Netherlands
It has been found that families of a Dutch expats with a MVV required partner could be affected when returning to the Netherlands, and experience restrictions upon return to the Netherlands.
A Dutch expat who wants to return to the Netherlands after having lived abroad with his/her foreign partner must meet the income requirement for family reunification. Especially for expats who have not been transmitted by the Dutch government or by a Dutch company this difficult because one has to settle from abroad in the Netherlands both work and a sustainable income. In his letter of 23 February de Secretary of State declares that the position of a Dutch expat who has failed to obtain a contract of at least one year will have to be assessed on the basis of individual circumstances. In his letter says the Secretary of State that it is possible to deliver customized solutions in these cases and to consider the situation where a Dutch expat resides.
For questions about the income requirement call (020-616 14 87) or email (firstname.lastname@example.org) with one of our attorneys. We are happy to help you!