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Netherlands

Conditions

It is possible to join your family member in the Netherlands when you are married or are in a registered partnership, when you wish to stay with your unmarried partner or as a minor child to stay with your parent(s).

You will need a provisional residence permit (mvv) and/or a residence permit. The provisional residence permit (mvv) is a special visa for stays of more than three months in the Netherlands.

Different conditions apply to persons with the nationality of an EU/EEA country or Switzerland and their family members.

Your spouse, (registered) partner or parent is your sponsor. A sponsor has to meet certain obligations for which he/she signs a sponsor’s declaration.

Conditions to migrate to the Netherlands to live with your spouse or registered partner

Conditions to migrate to the Netherlands to live with you parent(s)

Procedures

Where and how to apply

To travel to the Netherlands, you or your child need a provisional residence permit (mvv). The mvv is a sticker that the Dutch representation places in the passport. In some cases, no mvv is needed. You apply for the mvv and the residence permit at the same time. This can be done in 2 ways: your partner or you (being the parent) apply to the IND in the Netherlands. You or your child apply to the Dutch representation. The Dutch representation forwards the application to the IND. After the application is submitted, you will get a letter from the Dutch representation stating how the fees are to be paid. For the application form and information on how to apply and how to pay the fees, please contact the Dutch representation.

The application for a child under 18 costs € 57 (in 2019). For a spouse or (registered) partner the application costs € 171 (in 2019).

Documents required

To apply for the Entry and Residence Procedure (TEV) or the residence permit to live with a family member your sponsor needs certain documents.

Spouse or registered partner

Minor child

Duration of validity of permits

The residence permit to stay with a family member is issued for a maximum period of five years, or less if the duration of the residence permit of the family member is less than five years.

Further requirements

Upon arrival, you must:

  • make an online appointment to collect the residence document in person from an Immigration and Naturalisation Service desk;
  • register in the Municipal Personal Records Database (BRP) in the municipality where you will be living;
  • make an appointment within three months after the permit has been granted with the Area Health Authority (GGD) to undergo a tuberculosis test if required;
  • take out health insurance. This must be done within 4 months following arrival in the Netherlands;
  • if you are subject to the integration requirement, you will receive a letter from the Education Executive Agency (DUO) stating that you must integrate in the Netherlands.

Appeals

If the Immigration and Naturalisation Service (IND) has rejected your application, this will be specified in an official letter (= Decision) from the IND. If you do not agree with the decision, you can register an objection to it, or authorise someone in the Netherlands to do so on your behalf. The official letter explains how to start the procedure for this.

In some cases, the IND is not able to reach a decision in time. The IND may be in default. You can then send a written notice of default to the IND.

If after having registered an objection, the IND has stated your objections to be unfounded, it is possible for you to then appeal against this decision to the Dutch court.

Further information

More on the admission as a family member in the Netherlands

Rights

Extension of stay

If you wish to extend your stay, you must apply for this. The application for an extension of your residence permit can be submitted in writing. The IND will assess whether you meet the requirements for prolonging your stay.

Change of status

If, during your legal stay in the Netherlands, something changes in your personal situation or your purpose of stay, this could affect your current residence permit. It may be that, as a result of the change, you no longer meet the conditions under which you were granted permission to stay in the Netherlands.

When you no longer meet these conditions the IND may consider revoking your residence permit and you will have to leave the Netherlands. If you, however, wish to stay in the Netherlands you will then have to apply for a change of purpose of your stay.

Employment

On the residence document you will find your employment status (arbeidsmarktaantekening). This status tells you whether and under which conditions you are allowed to work.

If and under which conditions you are allowed to work depends on the employment status of your parent(s), spouse or (registered) partner.

Please, however, bear in mind restrictions on work for minors.

Permanent residence

If you have lawfully lived in the Netherlands for an uninterrupted period of five years and you have a valid residence permit for a non-temporary purpose of stay, you can apply for a permanent residence permit. Certain conditions will have to be met in order to be eligible for permanent residence.

If someone has a residence permit for family member, it depends on the family member if your residence permit is issued for a temporary or non-temporary purpose.

If your family member has a residence permit for a temporary purpose, your residence permit will also be issued for a temporary purpose. If your family member is a Dutch, EU/EEA- or Swiss national, or is in possession of a residence permit for a non-temporary purpose, your residence permit will also be issued for a non-temporary purpose.

More on permanent residence

Family reunification

As the holder of a residence permit for spouse or (registered) partner, it is possible to bring your minor child(ren) to the Netherlands. Certain conditions will have to be met in order to be allowed to bring your minor child(ren).