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Article 8 ECHR residence permit — exceptional family life

NetherlandsFamily

Explore the five recorded questions, answers and sources for this pathway.

Official link

Explore pathways in Netherlands Read the five questions ↓

Which family relationships qualify?

Family members who do not qualify for any other family residence permit. The IND's examples are a parent staying with an adult child (or the reverse), a grandparent staying with a grandchild (or the reverse), and a parent staying with a minor non-Dutch child. Partners must use the partner permit instead.

See recorded sources
Limits of the record
  • The IND says a permit is granted only in rare or exceptional situations, so the listed relationships are examples, not entitlements.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

A Dutch national or a holder of a Netherlands residence permit, who applies as sponsor for a family member living abroad.

See recorded sources
  • https://ind.nl/en/forms/b07008e.pdf
    You are a Dutch national or you have a residence permit in the Netherlands. You have a family member living abroad who wants to come live with you in the Netherlands.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

Copies of documents showing the family relationship and the family situation in the country of origin, such as a birth certificate or deed of acknowledgment, an adoption declaration, a family booklet or a family register extract. A DNA test from an accredited laboratory may be used. Without official documents, a letter explaining why must be submitted. Depending on the situation, proof of living together, visits, financial support, medical dependence or the child's best interests is added.

See recorded sources

What important financial, accommodation, insurance or maintenance responsibilities apply?

The checked official sources did not provide enough route-specific evidence to confirm the financial, accommodation, insurance or maintenance requirements.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

The IND assesses Article 8 ECHR automatically when an application under Dutch law is rejected, or on a dedicated application made by the sponsor with the Article 8 ECHR form. An MVV is required in some cases. The IND advises calling it first, because the permit is granted only in exceptional circumstances and the chance of rejection is very high. Extension requests are made with the same form before the permit expires, but no more than 3 months before. The official source does not state the rights, validity period or a path to independent or permanent residence.

See recorded sources
Limits of the record
  • Rights, validity period and a path to independent or permanent residence are not stated.
  • https://ind.nl/en/residence-permits/family-and-partner/residence-permit-article-8-echr-family-life
    automatically if your application for a residence permit is rejected under Dutch law, or if you have submitted an application for a residence permit under Article 8 ECHR.
  • https://ind.nl/en/forms/b07008e.pdf
    As a result, you use this form to apply for a residence permit under article 8 ECHR (right to family life). A visa to travel to the Netherlands is also required in some cases.
  • https://ind.nl/en/forms/b07008e.pdf
    Does your family member already have this residence permit? And is it about to expire? Then use this form to apply for an extension. Make sure the IND has received the application before the document expires. But no more than 3 months before the expiry.
  • https://ind.nl/en/forms/b07008e.pdf
    The IND only grants this residence permit in exceptional circumstances. Because of this, there is a very high chance that the IND will reject your application. Would you like to know what possibilities are open to your family member in your situation? Then call the IND at 088 043 04 30.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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