[This news item is out of date: it reflects something that was in fact a victory of attorney Jeremy Bierbach at the time, i.e. getting the courts to order the IND to allow partners of entrepreneurs to work in self-employment, when previously their residence permit implied that they could not work at all. But since 1/1/2020, the IND has a new policy that partners of entrepreneurs are completely free to work, including in salaried employment.]
The district court has handed down a decision ordering the IND to issue a new residence permit card to a client of Jeremy Bierbach at Franssen Advocaten that expressly says that she is allowed to work in self-employment. She currently holds a residence permit for the purpose of stay with her husband, who in turn possesses a residence permit for the purpose of being an entrepreneur in the Netherlands. Until now, the IND had issued the partners and spouses of such entrepreneurs (including entrepreneurs on the basis of the Dutch-American Friendship Treaty) residence permits that said “Work only permitted if an employment permit has been obtained”, which created the impression that in practice, they were not allowed to work at all, not even in a self-employed capacity.
Now the court has ruled that the IND’s existing policy constitutes a violation of EU legislation, specifically the Family Reunification Directive, which provides that family members of residence permit holders must be granted the same access to the labor market in the host country as the person they are staying with.
For more information, please contact attorney Jeremy Bierbach.