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Do you have Dutch nationality or a residency permit? Then you are allowed to bring your family members to the Netherlands. To do this you need a special visa which is referred to in the Netherlands as a “mvv”. The request for a MVV will concur with a request for a residency permit. Upon approval of your requests your family members will be able to reside in the Netherlands.
You do not need a “MVV” if you are a national of the following countries: EU countries, the United States of America, South Korea, New Zealand, Australia, Switzerland, Canada and the Vatican city.
A MVV request on average is processed within a time period of three months. Upon approval, your partner or family member is able to reside in the Netherlands. In the Netherlands, they are required to commence an integration process. This entails a requirement to take a civic integration examination. If you are not able to take this test, you may be able to request an exemption. Do not hesitate to contact us if you have any questions.
Do you not enjoy a right to reside in the Netherlands, however your child enjoys Dutch nationality? You may be able to obtain a residency permit under the Chavez-Vilchez ruling. According to the Chavez-Vilchez case, a parent cannot be forced to depart from EU-territory, when there is a relationship of dependency between the parent and the child. The departure of the parent would force the child to leave the territory of the EU member state. This would inhibit the child’s ability to enjoy its rights under EU law.
Under the Chavez-Vilchez ruling, there needs to be a relationship of dependency between the child and the parent. The Dutch Immigration and Naturalization Services (IND) evaluates whether there is such a relationship. It considers, the emotional and physical development of the child, the relationship between the parent and the child and the effects the departure of the parent would have on the well-being of the child.
The Chavez ruling has had a lot of consequences for children, with an illegal parent. If the parent is able to prove that there is a relationship of dependency between the parent and the child then its is able to enjoy a right to reside in the Netherlands. Do you have any questions regarding the Chavez-Vilchez ruling? Do not hesitate to contact us.
EU citizens enjoy favorable rights under EU-citizenship. EU citizens do not need a residency permit or a work permit to work in the Netherlands. However, it is important to note that EU citizens are not able to rely upon the social security system of the Netherlands. In case EU citizens wish to stay in the Netherlands for a period longer than four months, they are required to register at the municipality.
To stay in the Netherlands for an indefinite time period there are additional requirements. You have to be financially independent, you have to be registered at the municipality and you have stayed in the Netherlands for a period of five years. More importantly, you will need a valid passport.
Alternatively, you are able to enjoy a right to reside in the Netherlands, if your partner or family member is a EU citizen. However, the partner or family member must be financially independent, registered at the municipality and have a valid passport. More importantly, the partner or family member must have stayed in the Netherlands for a duration of five years.
For people who are incapacitated to work, retired or frontier workers more lenient requirements apply.
For Turkish nationals and their family members there are more favorable immigration conditions in place. This is due to the association agreement between Turkey and the EU. For instance, persons with Turkish nationality pay lower legal fees. These more favorable conditions also apply to the family members of Turkish employers. Do you have any questions regarding the association agreement? Do not hesitate to contact us.
