Verification against EU law for Union citizen family members
For whom is the application for verification against EU law?
When you apply for verification against EU law, the IND assesses whether you come under EU law. EU law provides for free movement of persons within the EU. This freedom of movement also applies to citizens of the EEA and Switzerland. In this text we call all these people Union citizens, or in other words citizens of the Union. You must apply for verification against EU law if you are a Union citizen family member but do not have the nationality of one of these countries. View the EU/EEA Member States.
Family member of a Dutch citizen
A Dutch citizen only comes under EU law if he or she has used the right to free movement of persons.
Union citizen lived in the Netherlands and later became a Dutch national
Did the Union citizen reside in the Netherlands under EU law? And did the Union citizen become a Dutch national later during that residence? Then the Union citizen can continue to rely on EU law in the following situations:
- Your Dutch partner or family member lived in the Netherlands as a Union citizen under EU law before getting Dutch nationality.
- Your Dutch partner or family member was born in the Netherlands with the nationality of an EU/EEA Member State or Switzerland and lived in the Netherlands. Later during their residence in the Netherlands, they became a Dutch national.
- Your partner or family member started living in the Netherlands under EU law and later became a Dutch national. After naturalization, they also kept their original EU nationality.
You apply for EU assessment via this page.
Dutch national returning from another EU, EEA country or Switzerland
Are you coming to the Netherlands from another EU, EEA or Swiss country together with a Dutch national? And did you and the Dutch national live in that other country under EU law? Then go to the page Returning with a Dutch national from another EU/EEA country or Switzerland.
Requirements, process and costs
These requirements apply to verification against EU law.
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1. Check requirements The following requirements apply to you:
Valid travel document
You have a valid passport or other travel document
No danger to public order or national security
Your do not pose a danger to public order or national security.
Legal residency of Union citizen
The Union citizen – the family member which whom you will be staying - has legal residency in the Netherlands. In most cases, registration at the IND is no longer needed. But the following requirements for legal residency still apply to the Union citizen:
- The Union citizen has a valid passport or identity card of an EU or EEA country or Switzerland.
- The Union citizen has insurance for healthcare expenses.
- The Union citizen has sufficient income. Find out more about income for Union citizens.
You are one of the following family members of the Union citizen
Spouse or partner
One of the following situations applies to you:
- You are the spouse or registered partner of the Union citizen.
- You are the unmarried partner of the Union citizen. You have lived together for at least 6 continuous months before the application or decision.
- You are the unmarried partner of the Union citizen. Or you have not yet lived together for 6 months. You have had a sustainable relationship together for at least 6 months before the the application or decision. You can show this by, for example, submit proof of joint household or joint financial obligations.
Child, (great-)grandchild or adoptive child
One of the following situations applies to you:
- You are the child, (great)grandchild or adoptive child of the Union citizen. Or of the spouse or registered partner of the Union citizen. And of of the following requirements apply to you:
- You are younger than 21 years old, or
- You are 21 years old or older and you depend financially on the Union citizen, or on the spouse or registered partner of the Union citizen. Without money from your family member, you cannot pay for your basic needs, such as food and drink. You receive money from your family member regularly, for example every month.
- You are the child, (great)grandchild or adoptive child of the unmarried or the non-registered partner of the Union citizen. You are younger than 18 years old. You live together with the Union citizen.
Parent or (great-)grandparent
The following requirements apply to you:
- You are the parent or (great)grandparent of the Union citizen. Or of the spouse or registered partner of the Union citizen.
- You depend financially on the Union citizen, or on the spouse or registered partner of the Union citizen. Without money from your family member, you cannot pay for your basic needs, such as food and drink. You receive money from your family member regularly, for example every month.
Other family member
The following requirements apply to you:
- You are another family member of the Union citizen. Or of the spouse or registered partner of the Union citizen. For example an uncle, aunt or cousin.
- At least 1 of the following situations applies to you:
- You depend financially on the Union citizen, or on the spouse or registered partner of the Union citizen. And you were already financially supported by this family member in your country of origin. Without money from your family member, you cannot pay for your basic needs, such as food and drink. You receive, at least 1 consecutive year and on a regular basis, money from the Union citizen. For example, once every month.
- You were already living with the Union citizen in your country of origin. Or with the spouse or registered partner of the Union citizen
- You need care from the Union citizen, or from the spouse or registered partner of the Union citizen. You need this care because you have serious health problems.
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2. Collect documents Do you want to know which documents you need in your situation to make the application? Then answer a few questions to get your document overview.
Go to questions for your document overview
Have official foreign documents legalised and translated into Dutch, English, French or German.
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3. Travel to the Netherlands You can only apply for verification against EU law from within the Netherlands. This means that you must travel to the Netherlands first. Sometimes you need a visa facilitation. Check at NetherlandsWorldwide if you need a visa facilitation for the Netherlands to travel to the Netherlands.
Visa facilitation needed
First you apply for a visa facilitation in the country where you live. A visa facilitation is a free Schengen visa for family members of Union citizens to travel to the Netherlands to live with the Union citizen. The regular requirements for a visa do not apply to a visa facilitation.
You apply for the visa facilitation at, for example, the Dutch embassy or consulate. When applying indicate that you are going to live in the Netherlands as a family member of an Union citizen. You have to be able to proof you are a family member of an Union citizen. The Ministry of Foreign Affairs decides whether you receive a visa facilitation.
Find out how to apply for a visa facilitation in the country where you live
No visa facilitation needed
You need these documents to travel to the Netherlands:
- A valid passport or other travel document.
- Documents that demonstrate you are a family member of an EU, EEA or Swiss citizen. For example the certificate of birth, marriage, or registered partnership.
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4. Apply You can apply online or in writing by post. You can find the application form under Application forms.
You submit the application yourself. Or your authorise the Dutch citizen to submit the application for you. The authorisation can be found with the application form.
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5. Pay for application The application costs € 85,00. You must pay € 46,00 for a minor. For all fees and exceptions, visit our web page Fees: application costs.
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6. Wait for decision on application The IND must make a decision within 6 months. This is called the decision period.
Residence endorsement
You will receive a letter saying how you can make an appointment for a residence endorsement sticker. This sticker will be placed in your passport. On this sticker, it says that the law allows you to stay in the Netherlands during the process (legal residency). On this sticker, it also says whether or not you are allowed to work during the process. As long as you have not received a decision on your application, this sticker and your passport together are proof of your legal residency. For example for government agencies and employers.
Is the validity of the residence endorsement sticker about to expire? And have you not yet received a decision on your application? Then make an appointment for a new residence endorsement sticker.
Taking biometrics
The letter also states how you can make an appointment at an IND desk to have your biometrics taken. We will take your fingerprints and your picture during the appointment at an IND desk.
What if the IND decides late
Has the decision period expired? And do you still not have a decision on your application? Find out what you can do if the IND is late with its decision.
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7. Decision on application You will receive the decision in a letter. The decision will be positive or negative.
- Positive decision: you will get a residence document.
- Negative decision: you will not get a residence document. You can object against this decision.
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8. Collect residence document When the residence document is ready at an IND desk, you will receive a letter. You must make an appointment to collect it. Make an appointment to collect your residence document.
Application forms
Online application for verification against EU law
Written application forms
The residence document
Find out what else you need to know about the residence document.
Working with the residence document
With the EU/EEA residence document, you are allowed to work. You do not need a work permit.
Using public funds
If you apply for (supplementary) public funds, such as social assistance benefit, the IND can stop your legal residency. Find out more about the consequences of applying for public funds.
Validity of residence document
The residence document is valid for 5 years.
Type of residence document
The residence document is type Family members EU/EEA, residence document for family members of Community nationals.
Other applications
Replacement of the residence document
Has the residence document been damaged, lost or stolen? Then have the residence document replaced. Visit the web page residence permit damaged or change details or residence permit lost or stolen.
Extension of the residence document
Will the residence document expire soon? This document cannot be extended. However, you can apply for verification against EU law again.
Staying in the Netherlands if your situation with EU citizen has changed
Has your situation with the EU citizen changed? In the following cases you may still stay in the Netherlands:
- You have been in the Netherlands for 5 years or longer.
- The Union citizen has died.
- You are the child of the citizen of the Union who has left or died.
- The marriage or relationship with the citizen of the Union has ended.
Find out more on the page Staying in the Netherlands if your situation with the EU citizen has changed.
Residence document for permanent residency
Have you met the requirements for residency for 5 consecutive years? Then you can apply for permanent residency.
