What is Chavez Vilchez?
On 10 May 2017, the Court of Justice of the European Union (the Court) ruled in the Chavez-Vilchez judgment that a third-country national (persons who do not have the nationality of an EU Member State) without a right of residence who is a care taking parent of a minor child with Dutch nationality can claim residence permit under certain conditions.
In Chavez Vilchez ruling, the Court of the EU determines that a third-country national parent of a minor child with the nationality of that Member State (for instance the Netherlands) must be issued a residence permit if withholding it could lead to the child being forced to leave the territory of the EU with his/her third-country national parent.
This is an important extension of the possibility of family reunification. Before Chavez Vilchez, it was virtually impossible for the parent of a minor child with Dutch nationality, living in the Netherlands, to obtain a residence permit on EU grounds. Now that is different thanks to this ruling and the regulations that resulted from it.
Requirements
It follows from the Chavez Vilchez ruling that, in order to assess whether the minor child is at risk of being forced to leave the EU territory, it must be determined on the basis of the actual relationship of dependence between the child and the third-country parent.
In particular, the following circumstances are considered:
- The age of the child (very young children are more likely to assume a dependency relationship);
- The physical and emotional development of the child;
- The extent of his affective relationship with the other parent with Dutch nationality as well as with the third-country parent; and
- The risk that would arise for the balance of the child if it were separated from the third-country parent.
Application under Chavez Vilchez?
If you are the parent of a minor child with Dutch nationality and you do not have a right of residence, but you can demonstrate that you perform care and parenting duties for your child and there is a relationship of dependence between you and your child, you may be able to qualify for a residence permit under the Chavez Vilchez judgment.
If you, as a custodial parent, reside outside the EU and have a visa-required nationality, you can apply for a so-called facilitating visa at the Dutch embassy on the basis of the Chavez Vilchez judgment, which you can use to enter the Netherlands to apply for an EU residence document. serve.
If you want to submit an application on the basis of the Chavez Vilchez judgment or if you have other questions about the conditions of a Chavez Vilchez application, you can call us (020-223 2466) or email info@arslanlitadvocaten.nl. You can also reach us via one of our social media channels at the bottom of this page.
