If you want to apply for a residence permit for your married or unmarried partner or for your child, a number of conditions apply. An important requirement is the income requirement: your income must be high enough to support the family member. In many cases, moreover, the family member will have to pass the civic integration examination. Minor children and partners aged 65 or older do not have to meet this requirement. Before the family member comes to the Netherlands, it will often be necessary to apply for a regular provisional residence permit to the Dutch representation in the country of origin or main residence.
If a Dutch national returns to the Netherlands after having resided with the family member in another EU Member State, more favourable conditions for family reunification may apply, such as exemption from the income requirement and the requirement of possession of a regular provisional residence permit and the civic integration examination abroad.
The IND sets strict requirements on the proof that the Dutch national and his or her family member have actually lived as a family in the other Member State for some time. If you consider following the Europe route in order to obtain a residence permit for your family member in the Netherlands, it is important to make proper preparations.
A Schengen visa needs to be applied for in order to stay in the Netherlands for 90 days or less, except for residents of countries exempt from the visa requirement. An important condition is that the applicant or sponsor has sufficient means in order to pay for the journey and the stay. Moreover, there must be sufficient guarantees that the visa applicant will leave the Netherlands again after the stay.
Family members of EU citizens who reside in the Netherlands and do not have Dutch nationality are, under EU law, subject to more favourable conditions for family reunification compared to family members of Dutch nationals and of third country nationals (persons from outside the European Union). These more favourable conditions also apply if the family member of the EU citizen does not come from the EU. For instance, there is no requirement of possession of a regular provisional residence permit and the family member does not have to pass the civic integration examination abroad.
Based on case law of the EU Court of Justice, the parent/carer of a Dutch child may, under certain conditions, qualify for a derived right of residence under EU law. One of the conditions is that there is a relationship of dependence between the Dutch child and the parent. The IND sets strict requirements on the proof of such relationship of dependence.
Do you want to file an application for a family member or a stay with a family member? Then contact Rutger Heringa.