Dear editors,
At the time you gave me great substantive advice:
Visa for Thai Q&A: Can someone with Thai nationality move from Italy to the Netherlands?
Unfortunately, the family then decided not to move to the Netherlands. My sister-in-law would now like to come to the Netherlands alone (for a year) to work in our company. We have both a full-time job and housing for her, so she will not rely on benefits.
The question is whether she is allowed to come to the Netherlands and work and live here on the basis of her residence permit with 'Motivi Familiari' – either via Italy or directly from Thailand. Or that she needs a Dutch residence/work permit and how she could qualify for this and which documents we should obtain for her, whether private or business.
Thank you in advance for your response.
Regards,
Michel
Dear Michel,
If her EU/EEA family member (partner) does not come along, it will not work. Together with an EU/EEA family member it would be a breeze because of EU Directive 2004/38, they could then migrate together for a year. If she wants to be able to (temporarily) settle, work, etc. independently, she may consider naturalizing as an Italian? From Thai law she can take on dual nationality, if that is also possible under Italian law then if I were her I would consider this.
I cannot completely rule out whether there are other less routes, but then she (or you) would have to raise your head with an immigration lawyer specialized in EU law.
Yours faithfully,
Rob V
The Immigration Department has a policy that if a job is available, an employee must first be sought in a European context. If she is Italian, she can work wherever she wants under EU directives.
Rob, as far as I know only 1 nationality is allowed in Thailand. Can you tell me where that is in the law?
Dear Aad, there is often confusion about this. Dual nationality is neither explicitly recognized nor explicitly prohibited by Thailand.
Thailand neither recognizes nor prohibits multiple citizenship. You can give up your Thai nationality, you don't have to. In practice it should not be a problem unless you find the wrong Thai official who makes a problem out of it because he believes (! opinion does not make fact!) that multiple nationality should not be allowed.
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Nationality Act, (No.4), BE 2551 (=our year 2008)
Chapter 2. Loss of Thai Nationality. (…)
Section 13.
“A man or a woman of Thai nationality who marries an alien and may acquire the nationality of the wife or the husband according to law on nationality of his wife or her husband may, If he or she desires to renounce Thai nationality, make a declaration of his or her intention before the competent official according to the form and in the manner prescribed in the Ministerial Regulations.”
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Source: http://www.refworld.org/pdfid/506c08862.pdf
This discussion about nationality law regularly returns to the blog. See ao:
https://www.thailandblog.nl/lezersvraag/thaise-nationaliteit-verliezen/
The permit applies to almost all of Europe, EU member states, so you are free to go wherever you want.
However work?
I don't know if the requirements for labor still apply. After all, one had to have NT2 (Dutch) to be able to work. However, longer than today, the Irish, English, Poles and continue to work in the Netherlands and they certainly do not all speak Dutch.
So everything depends on the type of residence permit (now family) and of course IND.
It's your sister-in-law, then where is your brother she married? Is , stays in Italy?
Turn left, turn right and you will always end up at the IND.
https://ind.nl/Paginas/Wijzigen-verblijfsdoel-verblijfsvergunning.aspx
With a European residence permit from a Schengen member state, you can go on holiday in other member states for a maximum of 90 days as if it were a visa. But working in a neighboring country is not possible with a residence permit.
Foreigners who live in the Netherlands with their partner are allowed to work in the Netherlands without language requirements. The foreigner receives the same employment rights (so, for example, no VVR work permit is required). In the case of a regular Dutch-foreign couple, the foreigner does have an integration obligation, but is allowed to work from day 1 after the VVR is issued. If the VVR was issued under European rules (Directive 2004/38), there is not even an integration obligation.
In short: if you migrate to the Netherlands with a European employee, you can also work here without any obstacles.
But would you like to migrate to the Netherlands as a Thai person without your European partner moving with you? That just isn't possible. And then you can also forget about work (which results from that).