People wanting to bring their foreign husband or wife to the Netherlands do not have to earn at least 120% of the minimum wage, a court in Roermond ruled on Monday.
The case was brought by a Sri Lankan man who wanted to join his wife in the Netherlands, the Volkskrant reports.
The measure was introduced in 2004 to tighten the rules on family reunification.The justice ministry is to appeal.
The woman at the centre of this case has an income above that of the basic welfare rate – which is the required amount for family reunification. But it does not meet the 120% rule for family formation, the paper says.
Under Dutch law, family reunification refers to marriages or relationships which existed before one of the partners moved to the Netherlands. Family formation is used if the relationship dates from after the partner arrives in the country. That distinction does not exist in EU law, the Volkskrant says.
Earlier this month judges also ruled that people coming from non-western countries to join a spouse in the Netherlands do not have to take citizenship and language tests in their country of origin.
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