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Family Reunification Residence

The Dutch Family Reunification Residence Permit: bringing families together

The Netherlands, known for its progressive social policies and emphasis on family values, offers a residence permit specifically designed to facilitate family reunification. The legal basis of family reunifications in the Netherlands is primarily on the EU Directive 2003/86 and Directive 2003/109, together with other EU protocols and special provisions applicable to unusual circumstances. The family reunification permit allows family members of individuals who are legally residing in the Netherlands to join them, fostering unity and stability within the immigrant and Dutch communities. This document provides an in-depth examination of this residence permit, explaining its purpose, different categories, application requirements, and important aspects to consider throughout the process.

Understanding the Dutch Family Reunification Residence permit

The Dutch Family Reunification Residence Permit (also known as a residence permit for family members or in Dutch: verblijf als familie- of gezinslid) allows foreign nationals who are related to a resident of the Netherlands to live in the Netherlands. This is governed by the Dutch Immigration Act (Vreemdelingenwet) and the associated regulations, aiming to balance the right to family life with the need to manage immigration flows and ensure the integration of newcomers into Dutch society.

 

  • Purpose and Underlying Principles: The core purpose of the Family Reunification Residence Permit is to uphold the right to family life, which is enshrined in international human rights conventions, including the European Convention on Human Rights. The Dutch government recognizes the importance of families being together and aims to provide a legal pathway for eligible family members to join their relatives who have already established their main habitual residence in the Netherlands. The process also ensures that the primary resident in the Netherlands can adequately support their family members without becoming a burden on public funds.

 

  • Who Qualifies? Generally, the Family Reunification Residence Permit is available to:
    • Spouses / (Registered) Partners: The legal husband or wife, or registered partner, of a Dutch citizen, or a foreign resident with a valid residence permit, or an EU/EEA/Swiss citizen residing in the Netherlands. Note: in the Netherlands it is also possible to apply for Dutch family reunification visa for unmarried couples and/or homosexual couples.
    • Minor Children: Children under the age of 18 of a Dutch citizen, a legal resident with a valid residence permit, or an EU/EEA/Swiss citizen residing in the Netherlands. There are specific rules regarding parental custody and responsibility if it concerns single-parent families whose parents are divorced and live in two different countries.
    • Parents of Minor Children: In limited cases, parents of minor Dutch citizen children may be eligible, particularly if the Dutch citizen child needs their care. This permit is also known as the Chavez residence permit based on the Chavez-Vilchez judgement (C-133/15) from the Court of Justice of the European Union.
    • Adult Dependent Children: Adult children (over  18) may qualify in exceptional circumstances, such as if they are financially dependent on the sponsor due to disability or other serious health issues. These cases are evaluated very carefully.

 

  • The Sponsor: The “sponsor” is the individual who is already legally residing in the Netherlands and is applying for their family member(s) to join them. The sponsor must meet certain requirements related to income, housing, and immigration status. Different procedures may apply when the sponsor is of different residence status or citizenship in the Netherlands. For example, if the sponsor is a Dutch citizen, the application requirements are different to foreigners who live in the Netherlands with a valid residence permit, or different to the EU citizens of other member states other than the Netherlands, which will be explained below.

 

  • Validity and Renewal: The residence permit is usually granted for a validity period same as the sponsor, up to five years maximum. It can be renewed if the sponsor continues to meet the requirements and the family relationship remains intact. After five years of continuous legal residence in the Netherlands, family members may be eligible to apply for permanent residency or Dutch citizenship, depending on their individual circumstances.

Types of Family Reunification Residence Permits

The specific requirements and procedures for applying for family reunification can vary depending on the sponsor’s immigration status and the family relationship. Here’s an overview of the main types:

 

  • Family Reunification with a Dutch Citizen: This is generally the most straightforward type, as Dutch citizens have an unconditional right to family life within the Netherlands. However, even in these cases, certain requirements must be met, such as providing proof of the family relationship and ensuring that the sponsor can adequately support their family member(s) financially.

 

  • Family Reunification with an EU/EEA/Swiss Citizen: EU/EEA/Swiss citizens have the right to free movement within the European Union, which includes the right to family life. However, family members who are not themselves EU/EEA/Swiss citizens (as known as the third-country nationals or TCN) may need to apply for a residence permit based on the EU Free Movement Directive. The requirements are generally less stringent than for family reunification with a non-EU/EEA/Swiss national. For example, the Dutch legislation only allows spouse/partner and children to apply for the family reunifications. Yet under the EU legislation, which is appliable to EU citizens in this case, grants a broader range of foreign immigrant groups to apply for the family reunification including family members who are the direct descendants and/or the dependent direct relatives in the ascending line of the sponsor.

 

  • Family Reunification with a Non-EU/EEA/Swiss National: This is typically the most complex type, as it involves stricter requirements related to income, housing, and Dutch civic integration obligation (in Dutch: inburgeringsplicht). The sponsor must have a valid residence permit for a specific purpose, such as employment, long-term residence, researcher or other permits that come with the effect of temporary purposes of residence (such as student, intra-corporate transferee and orientation year visa holder). They must also meet certain income thresholds to demonstrate that they can financially support their family members.

 

  • Family Formation (Gezinsvorming): This applies to situations where a Dutch citizen or legal resident marries or enters into a registered partnership with a foreign national who is not yet residing in the Netherlands. The foreign national must apply for a residence permit from their country of origin before traveling to the Netherlands. Depending on the nationality of the third-country national, he/she may need to apply for a MVV (entry visa) at the Dutch embassy in the country where the third-country national lives. Our lawyer at Amice Advocaten can advise if the third-country national requires such a travel document, and assess if certain documents can be exempted. If the third country national resides in the Netherlands and possesses a valid Dutch residence permit, he/she can also switch it to the family reunification residence permit as well.

Application Requirements for the Dutch Family Reunification Residence Permit

The application process for the Dutch Family Reunification Residence Permit involves several steps and requires the submission of detailed documentation. It’s crucial to fulfill all requirements meticulously to avoid delays or rejection.

 

  • General Requirements (applicable to all third-country national applicants)
    • Valid Passport: The family member applying for the permit must hold a valid passport that will remain valid for the duration of their stay in the Netherlands.
    • No Serious Criminal Offense: The applicant must not have committed serious crime(s) or pose public threat to the national security and public policy of the Netherlands.
    • Tuberculosis (TB) Test: Depending on the nationality of the applicant, he/she may be required to undergo a TB test.
    • Proof of Relationship: Evidence to prove the family relationship, such as marriage certificates, birth certificates, adoption papers, or registered partnership agreements etc.. These documents must be properly translated, legalized or apostilled according to international conventions.

 

  • Requirements for the Sponsor who is not a Dutch or EU/EEA/Swiss Citizen:
    • Valid Residence Permit: The sponsor must have a valid residence permit and passport for a purpose other than a short term Schengen visa such as tourism.
    • Sufficient Income or Savings: The sponsor must demonstrate that they have sufficient and sustainable income to support themselves and their family members without relying on public funds. The income threshold varies depending on the size of the family and the type of residence permit held by the sponsor. In exceptional cases, saving may be a sufficient financial means for the family reunification applications. Our professional legal team at Amice Advocaten can examine your case and see what kind of financial resources shall qualify for your application(s).
    • Housing: The sponsor must have adequate housing for their family members. The housing must meet certain minimum standards in terms of size, safety, and hygiene. Also, to demonstrate the family bond, the third-country national family member needs to cohabit with the sponsor or the IND might withdraw one’s residence permit for the reason that the family relationship no longer exists.
    • Integration Requirement (in some cases): In certain cases, the family member applying for the permit may be required to take an integration exam (A1 level) before coming to the Netherlands. This exam tests their knowledge of the Dutch language and culture. This applies to certain third-country nationals whose sponsor is a Dutch citizen or permanent residence in the Netherlands or the EU.
    • Healthcare Insurance: The sponsor needs to demonstrate that the family members who will come to the Netherlands are covered by healthcare insurance.

 

  • Requirements for the Third-Country National Family Member:
    • Age Requirement: For spouses or (registered) partners, both parties must be 18 years or older.
    • Single Status: In case of unmarried couples, the applicant must be able to demonstrate that he or she is unmarried and maintain an exclusive loving  relationship with the sponsor. Polygamous marriages are not recognized under Dutch law.
    • Genuine Relationship: The relationship must be genuine and not solely for the purpose of obtaining a residence permit. The IND may conduct investigations to assess the genuineness of the relationship. The applicant and his/her sponsor must also present proof that both of them are in a genuine loving relationship with each other.
    • Willingness to Integrate (if applicable): If required, the family member must demonstrate a willingness to integrate into Dutch society by learning the language and culture of the Netherlands.

The application process: A step-by-step guide

The application process for the Dutch Family Reunification Residence Permit can be complex and time-consuming. It’s advisable to seek legal assistance at Amice Advocaten to navigate the process effectively.

  1. Preparation: Gather all the necessary documents, ensuring they are properly translated and legalized (if required).
  2. Application Submission: The application can be submitted by the family member living outside the Netherlands through the Dutch embassy or consulate in their country of origin or by the sponsor in the Netherlands. Our lawyers at Amice Advocaten can also submit the applications on behalf of the clients. Upon submission lawyers at Amice Advocaten are authorised to keep an eye on the application status and maintain a close connection with the IND regarding any updates of your application.
  1. Payment of Fees: Pay the required application fees. The fee varies every year. You can find the exact amount on the IND website.
  1. Interview (if required): The IND may, if they have questions regarding the authenticity of the family bond, require both the sponsor and the family member applying for the permit to attend interviews under the consent of the sponsor and the family member.
  2. Decision: The IND will review the application and make a decision. The processing time can vary considerably, often taking around three to six months.
  3. Collection of Residence Permit: If the application is approved, the family member will be issued a provisional residence permit or entry visa (MVV – Machtiging tot Voorlopig Verblijf) to enter the Netherlands. Upon arrival, they must register with the local municipality and collect their residence permit card.

Important considerations and things to pay attention to

Several crucial factors warrant careful consideration throughout the application process and during the period of residence in the Netherlands:

  • Genuineness of the Relationship: The IND takes the genuineness of the relationship very seriously. Sham marriages or relationships solely for the purpose of obtaining a residence permit are strictly prohibited and can result in severe consequences, including the revocation of the residence permit and potential legal prosecution.
  • Sufficient (and Sustainable) Financial Means: Maintaining sufficient and sustainable income is crucial for applying and renewing the residence permit for the family member. If the sponsor’s income falls below the required threshold, the renewal application may be rejected. It’s important to document all income sources and any changes in employment or financial circumstances. Sometimes both the residence permits of the sponsor and the family members can be withdrawn at the same time when the sponsor loses his job as a, for example, highly skilled migrant. In this case, you should take legal actions in a timely manner to prevent a residence gap or even receiving a return decision to go back to your homeland. Check more details here to know what kind of legal procedures you may take in case of this scenario.
  • Integration Requirements: Fulfilling the integration requirements is essential for long-term residency or naturalisation. This includes learning the Dutch language, participating in integration courses, and actively engaging in Dutch society. Failure to meet these obligations could negatively impact future applications for permanent residency or Dutch citizenship.
  • Changes in Circumstances: It’s crucial to inform the IND of any significant changes in circumstances, such as a change in address, employment, marital status, or the birth of a child. Failure to do so can lead to problems with the residence permit. Check more details here to know what kind of legal procedures if you are facing potential loss of your residence status in the Netherlands.
  • Right to Work: The family member joining the sponsor in the Netherlands usually has the right to work. However, the specific conditions may depend on the sponsor’s status. For instance, the family member has limited right to work if his or her sponsor possesses student visa in the Netherlands. It is therefore important to clarify the work rights associated with the residence permit.
  • Loss of the Sponsor’s Residence Permit: If the sponsor’s residence permit is revoked or expires, the family member’s residence permit may also be affected. There are often specific procedures in place to address such situations, and it’s essential to seek legal advice promptly. Check more details here to know what kind of legal procedures if you received letters from the IND regarding the withdrawal of your and your family’s residence permit in the Netherlands.
  • Divorce or Separation: In the event of divorce or separation, the family member’s residence permit may be affected. There are specific rules governing the rights of divorced or separated spouses, and it’s essential to seek legal advice at Amice Advocaten to understand the implications.
  • Legal Assistance: Given the complexity of the Dutch immigration system, it’s highly advisable to seek legal assistance from an experienced immigration lawyer or advisor. They can provide guidance on the application process, help gather the necessary documentation, and represent you in any interactions with the IND. You can see more details here to see which immigration-related legal procedures you can take and what kind of rights do you have during the legal procedures.

Rights and obligations of family members with a residence permit

Once the third-country national family member has been granted a residence permit, they have certain rights and obligations under Dutch law.

  • Rights:
    • Right to reside in the Netherlands: The primary right is the legal right to live in the Netherlands for the duration of the residence permit.
    • Right to work: Family members usually have the right to work in the Netherlands, subject to certain conditions.
    • Right to education: Children have the right to attend school in the Netherlands.
    • Right to healthcare: Family members are entitled to access healthcare services in the Netherlands, provided they have a valid health insurance in the Netherlands.
    • Right to social security benefits: Depending on their individual circumstances, family members may be eligible for certain social security benefits, such as unemployment benefits, rental allowance or child allowances.

 

  • Obligations:
    • Obligation to comply with Dutch law: Family members are required to comply with all Dutch laws and regulations, and not to pose public threats to the public policy and national security of the Netherlands.
    • Obligation to fulfill the main habitual requirement together with the sponsor: the family member may not leave outside the Netherlands for more than six months in a year, or four months per year in a three-year row. Moreover, the family member (i.e. spouse and (registered) partner) should always live and register at the same address as the sponsor’s in order to demonstrate that the couple is maintaining a valid family bond and relationship.
    • Obligation to integrate into Dutch society: Family members are expected to make an effort to integrate into Dutch society by learning the language, participating in integration courses, and actively engaging in the community. This obligation applies to third-country nationals whose sponsor is a Dutch citizen or a long-term resident in the Netherlands or the EU.
    • Obligation to inform the IND of any changes in circumstances: Family members and/or the sponsor are required to inform the IND of any significant changes in their circumstances, such as a change in address, employment, or marital status.

Conclusion - Amice Immigration Lawyers

The Dutch Family Reunification Residence Permit plays a crucial role in enabling families to live together in the Netherlands. While the application process can be complex and demanding, it provides a valuable pathway for eligible family members to join their loved ones who are already residing in the country. By carefully understanding the requirements, seeking professional advice, and fulfilling their obligations, family members can successfully navigate the immigration system and build a stable and fulfilling life in the Netherlands. Remember that maintaining compliance with Dutch law and actively integrating into Dutch society are essential for long-term residency and the potential for future citizenship.

Amice Immigration Lawyer excels in numerous legal fields for years in the Netherlands including the Dutch and EU immigration law. Founded in 2008, we have been assisting thousands of clients to get a successful residence and employment right in the Netherlands. If you are planning to live in the Netherland, or you have questions about your legal residence status in the Netherlands, you are welcomed to contact our professional immigration legal team at Amice Lawyers. You can click here to contact us.