What is Chavez Vilchez?
The Court of Justice of the European Union (CJEU) issued a ruling on May 10, 2017, known as the Chavez Vilchez judgment. This judgment states that a third-country national (a person who does not possess the nationality of an EU member state) without a residence permit can, under certain conditions, obtain a residence permit if they are the caregiving parent of a minor child with Dutch nationality.
In this ruling, the CJEU determined that a third-country national parent of a minor child with the nationality of that member state (in this case, the Netherlands) must be granted a residence permit if refusing it would force the child to leave EU territory along with the third-country parent. However, it is essential that the parent plays a caregiving role in the child’s life.
This is a significant expansion in the possibilities for family reunification. Before this ruling, it was nearly impossible for a third-country national parent of a minor child with Dutch nationality to obtain a residence permit. Thanks to this decision and the resulting regulations, the situation has now changed.
Conditions
According to the Chavez Vilchez judgment, to determine whether the minor child risks being forced to leave EU territory, the dependence relationship between the child and the third-country national parent must be examined.
The following circumstances, in particular, are taken into account:
- The child’s age (younger children are more likely to be considered dependent).
- Physical and emotional development of the child.
- The depth of the emotional bond with both the Dutch parent and the third-country parent.
- The potential harm to the child’s stability if separated from the third-country parent.
In practice, the Immigration and Naturalization Service (IND) requires proof that the parent fulfills a caregiving role in the child’s life. Statements from objective third parties, such as (family) doctors, schools, or child care providers, carry significant weight.
Applying Based on Chavez Vilchez?
If you are the parent of a minor child with Dutch nationality and do not have a residence permit but can demonstrate that you perform care and upbringing duties for the child and that there is a dependent relationship, you may qualify for a residence permit under the Chavez Vilchez ruling.
If you reside outside the EU and hold a visa-required nationality, you can apply for a so-called “facilitating visa” at the Dutch embassy. This visa allows you to enter the Netherlands to submit your application for an EU residence document.
If you wish to apply under the Chavez Vilchez judgment or have other questions about the conditions for such an application, please contact us at 020-223 2466 or email us at info@arslanlitadvocaten.nl. You can also reach us through our social media channels listed at the bottom of this page.
