Under EU law, citizens of the European Union in the Netherlands have a so-called free term of six months. This means that someone who has the nationality of one of the EU Member States does not have to prove a purpose of residence during the first six months of stay.

After this free period, the EU national must be able to demonstrate that he or she resides here as an employee, student, service provider, entrepreneur or as a family member of a person lawfully resident in the Netherlands.

An EU national only needs to register at the IND if he/she wants to submit an application for family members who do not have EU citizenship themselves. (NB Here you will find an overview of all EU member states.)

In principle, all family members (partner, spouse, minor children) and dependent extended-family members of an EU citizen have a derived right of residence. This is a consequence of what is called the freedom of movement of persons (EU Directive 2004/38). For family members and relatives of EU nationals, more flexible admission conditions apply than for family members of Dutch nationals and non-EU nationals (third-country nationals). For example, the income requirement is less strict and there is no need to take an integration exam.

All this does not alter the fact that an application for residence of family members can also have its challenges. Demonstrating family ties, income or dependency can regularly cause problems. Issues regarding the durability of the relationship, or even the authenticity of the relationship or not uncommon.

For a care taking parent of a minor child with a Dutch passport, there is also the option of obtaining residence on the basis of the EU Treaty. You will find more about this in our blog on the Chavez-Vilchez ruling.

If you, as an EU citizen, want to submit an application for your family members who do not have an EU nationality or if you have other questions about residence on the basis of the EU, you can call us (020-223 2466 or email info@arslanlitadvocaten.nl, for a consultation. You can also contact us via one of the social media channels listed on this page. We are happy to help you!