EU Nationals
Based on EU Directive 2004/38, citizens of the European Union have a so-called free period of six months. This means that someone who holds the nationality of one of the EU member states does not need to demonstrate a purpose of stay during the first six months of their residence in the Netherlands.
After this free period, EU citizens must be able to demonstrate that they reside here as an employee, student, service provider, entrepreneur, or as a family member of a person lawfully residing in the Netherlands. Ergo they must demonstrate a purpose of residence.
An EU national only needs to register with the Immigration Service (IND) if they wish to apply for family members who do not themselves hold EU nationality, the s0-called third country nationals
Core family members of EU nationals
In principle, all core family members (partner, spouse, minor children) and dependent relatives of an EU citizen have derived residence rights. This is a result of what is known as the free movement of persons (EU Directive 2004/38). Family members of EU nationals enjoy more lenient admission requirements than the family members of Dutch citizens and non-EU nationals (third country nationals). For example, the income requirement is less stringent, and no integration exam is required. Furthermore, a family member claiming residence. based in Directive 2004/38, may apply directly here in the Netherlands and await the outcome legally here, whereas the majority of nationals must return to the country of origin or residence for the duration of the process.
However, this does not mean that an application for residence for family members cannot have its challenges. Demonstrating family ties, income, or dependency can regularly pose problems. Often the question arises whether a relationship can be considered sustainable. After six months of cohabitation of unmarried partners, and for registered and married partners, the sustainability of the relationship is generally assumed. Nonetheless, the IND also wants proof that there is a genuine (and not a sham) relationship.
For a caring parent of a minor child with a Dutch passport, there is also the possibility to obtain residence based on the EU Treaty. You can find more about this in our blog about the Chavez-Vilchez ruling.
EU nationals and extended family
Unlike domestic law, Directive 2004/38 also provides the possibility for members of the extended family to obtain residency with rheumatoid arthritis residing EU national. The first category that comes to mind is elderly parents. We have also seen client bring over adult siblings on this basis.
The primary requirement for admission of extended family members is that the relative has been financially dependent on the EU national for at least one year prior to the application. For adult siblings the additional conditions is that he/she is not married, or has not in any other started his/her own family.
If, as an EU national, you wish to submit an application for your family members who do not themselves hold EU nationality or have other questions about residence based on the EU, you can call us at +31(0)20 223 2466 or email us at info@arslanlitadvocaten.nl. You can also contact us via one of the social media channels listed on this page. We are happy to assist you!
