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EU-law family route — returning with a Dutch national from EU/EEA/Switzerland

NetherlandsFamily

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

Official link

Which family relationships qualify?

Family members of a Dutch citizen to whom EU law applies: spouse or (registered) partner (unmarried partners must keep living together in the Netherlands); child, (great)grandchild or adopted child aged 21 or older who is financially dependent; caring parent of a minor EU citizen; financially dependent parent or (great)grandparent; other family members who were financially dependent (receiving money regularly for at least one year), lived with the Union citizen in the country of origin, or need care due to serious health problems with no family in the country of origin to provide it. The applicant must not hold EU/EEA or Swiss nationality.

See recorded sources

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

A Dutch citizen who exercised free movement by living in another EU/EEA country or Switzerland (or in the UK on or before 31 December 2020) with the applicant, where both met EU-law residence requirements for at least 3 consecutive months (enough own money, or job-seeking, study, employment or self-employment), and who returns with the applicant to the Netherlands. The Dutch citizen can no longer rely on EU law after staying outside the EU/EEA or Switzerland for more than 6 months in a year, or more than 12 consecutive months for important reasons, or, after permanent residence there, more than 2 years outside that state (UK: more than 5 years).

See recorded sources

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

The applicant must prove residence under EU law in the other EU/EEA country or Switzerland, including having lived with and had family life with the Dutch citizen there, and must show they still meet the family-member conditions (continuing relationship; financial dependency where required). To travel, documents proving that they will live with a Dutch citizen in the Netherlands as a family member are needed. Official foreign documents must be legalised and translated into Dutch, English, French or German.

See recorded sources
Limits of the record
  • the specific document list sits behind the IND document-overview questionnaire, which was not captured

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

During the stay in the other country, the Dutch citizen and the applicant must have met EU-law residence requirements for at least 3 consecutive months, for example by having enough money of their own or by work, self-employment, job-seeking or study. Adult children (21 or older), parents/(great)grandparents and other dependent family members must still be financially dependent on the EU citizen or their spouse/registered partner. The official source does not state income, accommodation or insurance requirements for residence in the Netherlands.

See recorded sources
Limits of the record
  • page is silent on income, housing or insurance requirements for residence in the Netherlands itself

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?

Verification against EU law can only be applied for in the Netherlands, using a written form sent by post. The fee is €85 (€46 for a minor); the IND decides within 6 months, and a residence endorsement sticker shows lawful stay during the process. The resulting Family member EU/EEA residence document allows work without a work permit and is valid for 5 years; it cannot be extended but verification can be applied for again. Residence may continue after 5 years or more in the Netherlands, or if the Dutch EU citizen dies, a Dutch parent leaves or dies, or the marriage or relationship ends (additional requirements apply). After 5 continuous years meeting the requirements, permanent residency can be applied for.

See recorded sources

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

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