Overheid, Gemeente, Vergunning
Particulier
As me and my wife both from Turkey and my 5 years old daughter has British citizenship. We lived in UK before so my daughter was born in UK and she has a right to obtain the citizenship.
We have been living in Netherlands since January 2017 as we came to Netherlands we apply for residence permit under ( family member of eu/eea citizen ) Directive 2004/38/EC eu law
And so far we have been refused twice
First was the person who sponsored me had his company closed down by mistake of kvk and they told me your sponsor is company closed so he won't be sponsored to you anymore but we told them it was a mistake by kvk they closed it and my sponsored open it back again but under different kvk company number but ind could not see as the kvk number has been changed and by we responded back to ind that it has been open again and company up and running . While my sponsor giving me donation every week to my bank account and we showed them to that as well till I opened a zzp self employed business and I started working as I do have working stamp in my passport and I am earning good money to support me and my family since 30.10.2017 I do have regular income to my bank account since than
We send all supporting document to ind and second time they refused us as they were saying that . We did not prove that either donation was legit or not to my bank account and they were asking for definitief ve voorlopige aanslag for 2017 that we couldn't provide but we can not provide that till August or September as it does not come out till now we have to apply for appeal to ind from now on I would like to hear your opinion sorry for my bed English any part you did not understand please underline it so I can try to explain
Regards
You are 3 persons with the British nationality, zo I understand. GB is still member of the European Union, so you have the Union citizenship. Thats means that their is no obligation to obtain a residence permit. Due to the Directive of free movement ( 2004/38/EC you have a legal right to be here. After the 3 months following on January 2017 you need work ( not a sponsor), or you prove that you are looking for work and you need a health insurance for your whole family.
You say that you have regular income since 30/10/2017. You have to prove that you are really working at least 40 % of the regular hours people work ( 40 hours pro week) and you have to earn at least 50 % of the norm for a family which is used by the social service of the Netherlands.
You may go the way of legal objection towards IND, It is very important to see what IND writes in his decision, the grounds they based it on. But as I have stated : according to the directive you have many rights as citizens of the Union and you are not obliged to ask for a card.
Reactie van de vraagsteller
Only my daughter has British nationality me and my wife have Turkish nationalty
Excuse me for misunderstanding your first sentence....
If you give me some time than I will investigate what is possible for you as familiymembers of a minor citizen of the European Union.
It is indeed obliged that you and your wife ask for a permit to stay.
Reactie van de vraagsteller
Thank you so much
As I understand now art. 21 of the Treaty on the functioning of the European Union gives a right to stay in another European country to a minor citizen of the Union, as is your daughter. Because she needs her parents to exercise this right, you both as parents have a distracted right to stay also with her in the same country, ic the Netherlands. You all need a health insurance and enough means to live ( to pay house, food, insurances etc) and you are actually taking care of your daughter. When this is the case, all I have said about your own company is valid in your case.