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Q: Working in The Netherlands ( Answered,   0 Comments )
Question  
Subject: Working in The Netherlands
Category: Relationships and Society > Law
Asked by: rex8-ga
List Price: $10.00
Posted: 26 Nov 2002 09:27 PST
Expires: 26 Dec 2002 09:27 PST
Question ID: 114918
My boyfriend is about to accept a great job offer in Amsterdam and the
plan is for me to go with him. I am an American citizen. My boyfriend
is not am american citizen, but his visa will be arranged by the
compeny he is going to work for. My question is about my ability to
work there once I arrive.  There are a couple of possibilities/questions:
1) The company he is going to work for may also be able to hire me,
and sponsor a work visa for me.  But if they can't hire me/don't want
to, is there any way for them to get me a visa, even though we aren't
married?
2) If I cannot secure a job before going there, how long am I allowed
to be in the country, looking for a job, before I have to leave?
3) Any other immigration rules/regulations I should be aware of
pertaining specifically to The Netherlands or Europe?
Thanks!
Answer  
Subject: Re: Working in The Netherlands
Answered By: robertskelton-ga on 26 Nov 2002 16:03 PST
 
Hi there,

1) It appears that having a boyfriend with a work permit is of no
advantage to you, apart from the possibility of his employers also
hiring you. I looked for information regarding the rights of a spouse,
and in terms of working in the Netherlands, they need their own
individual work permit. Even if being a girlfriend qualified you as a
spouse (I believe not), you would still need to apply for a work
permit as an individual.

2) A tourist visa is good for 3 months. To stay longer than that, you
need to supply a reason (study, work, marriage...). You can look for
work while you are there as a tourist, but if you found one, you would
need to go back to the USA and apply for a work permit, and receive
it, before returning to the Netherlands and working. The process would
take several months.

Jobserver.org says:

Citizens of the non-EU countries need a work permit... An application
must be made by the employer at least 6 weeks before the beginning of
employment. The employer have to show that the vacancy cannot be
filled by someone from the registered work force (being Dutch
nationals or EU and EEA nationals or legal immigrants who are allowed
to work) and must provide proof of having carried out an extensive
search for someone from registered work force to fill the vacancy
during a period of at least five weeks. It is nearly impossible to get
a work permit for unskilled labor or non executive positions.

The spouse will not have the right to work unless the employer will
apply for a work permit. Only after the working spouse has been
working in Netherlands for three years continuously with a work permit
will both partners get a residence permit with which they can freely
enter the labor market.

It is not possible to apply for a work permit within Netherlands if
for instance you possess a visitor (tourist) visa. The application
must be backed up by a letter of intention of the company who applies
for the work permit in Netherlands. The application is submitted to
and sent by the Embassy or Consulate in the country of origin to the
Netherlands authorities.
http://holland.jobserver.org/olanda.html


Official Information
====================

from the Consulate General of the Netherlands in Los Angeles
http://www.ncla.org/foreign_nationals/brochures/paid_employment.html


As a tourist
------------

Any alien who wants to stay in the Netherlands for longer than three
months has to apply for a temporary residence permit.


Conditions for getting a work permit
------------------------------------

General conditions

You must in any event:
- Have a valid passport.
- Not have tuberculosis1.
- Not have a criminal record. You will have to sign a statement about
your past to confirm this.
- Have health insurance that covers all risks in the Netherlands.

Specific conditions

- If you come from a country where you have to have a visa, you must
have an Authorization for temporary stay (Machtiging tot Voorlopig
Verblijf, MVV) or a visa. [Doesn't apply to USA citizens]
- You have to be able to prove that you have a prospect of a real job
with an employer in the Netherlands.
- There must not be any job-seekers in the EU who are eligible for the
position you want to fill.
- Your employer in the Netherlands has to apply for a work permit from
the local employment office.

Full details are in the .pdf file 'Paid Employment in the Netherlands'
http://www.ncla.org/pdf/werken_in_loondienst_EN.pdf



Search Strategy
---------------

Netherlands "work permit" spouse
://www.google.com/search?q=Netherlands+%22work+permit%22+spouse


I trust this answers your question. If any portion of my answer is
unclear, please ask for clarification.

Best wishes,
robertskelton-ga
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