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 caretaking parent of a minor child with Dutch citizenship can claim a residence permit under certain conditions.
In Chavez-Vilchez judgment, the Court determined that a third-country national parent of a minor child with the nationality of that Member State (the Netherlands) must obtain a residence permit if withholding it could lead to the child being forced into the territory of the EU to leave with his third-country national parent.
It follows from the Chavez-Vilchez judgment 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 dependency between the child and the third-country parent.
In particular, the following circumstances are considered:
- the age of the child (a dependency relationship is more likely to be assumed with very young children);
- the physical and emotional development of the child;
- the degree of his affective relationship with both the other parent with Dutch nationality and with the third-country parent; and
- the risk to the child’s well being that would arise if he/she were separated from the third-country parent.
Application under Chavez-Vilchez?
If you are the parent of a child with Dutch citizenship 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 eligible for a residence permit under the Chavez-Vilchez judgment.
If you, as a caretaking parent, residing outside the EU and have a visa-required nationality, then you can apply for a so-called facilitation visa at the Dutch embassy on the basis of the Chavez-Vilchez judgment.
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 email@example.com. Or you can contact us through one of our social media channels listed below.