Verification against EU law for Union citizen family members

Last update: 10 September 2024

You are coming to the Netherlands to live with a citizen of the European Union (EU), European Economic Area (EEA) or Switzerland as a family member. You do not have the nationality of an EU or EEA country, or Switzerland. Find out what the requirements are and how you can apply for EU verification.

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. Find out when EU law applies to Dutch citizens.

Will you be living with a Dutch citizen who comes under EU law? Then you must also apply for verification against EU law.

Application in the Netherlands

You can only apply for verification against EU law in the Netherlands. This means that you must travel to the Netherlands first. Do you need to have a visa for the Schengen area? Then you must first apply to the Dutch embassy for visa facilitation.

If you are not in the Netherlands when the IND grants your application, then you will not get a residence document.

Requirements

These requirements apply to verification against EU law:

You have a valid passport.
You pose no risk to public order or national security.
You are one of these Union citizens family members:
- You are the spouse or registered partner.
- You are the unmarried partner. You have lived together for at least 6 continuous months before the date of the application or decision. Or you have not yet lived together for 6 months. However, your personal situation shows that you have had a sustainable relationship together for at least 6 months.
- You are the child, grandchild, great-grandchild or adoptive child of the Union citizen. Or of the spouse or registered partner of the Union citizen. You are younger than 21 years old.
- You are the child, grandchild, 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 can proof that, on the moment of the application, you live together with the Union citizen.
- You are the child, grandchild, great-grandchild or adoptive child of the citizen of the Union. Or of the spouse or registered partner of the citizen of the Union. You are 21 years old or older and you depend financially on your family member. Without money from your family member, you cannot pay for your basic needs. Basic needs are, for example, rent, food and drink. You are receiving money from your family member regularly, for example every month.
- You are the parent, grandparent or or great-grandparent of the Union citizen. Or the parent or grandparent of the spouse or registered partner of the Union citizen. And you depend financially on your family member. Without money from your family member, you cannot pay for your basic needs. Basic needs are, for example, rent, food and drink. You are receiving money from your family member regularly, for example every month.
- You are another Union citizen family member. Or another family member of the spouse of registered partner of the Union citizen. For example an uncle, aunt, or cousin. At least 1 of these situations applies to you:
  - You depend financially on the Union citizen. You receive, at least 1 consecutive year and on a regular basis, money from the Union citizen. For example, once every month. Without money from your family member, you cannot pay for your basic needs. Basic needs are, for example, rent, food and drink.
  - You were already living with the Union citizen in your country of origin.
  - You need care from the Union citizen because of serious health problems.
Your family member (the Union citizen) has legal residency in the Netherlands. Your family member (the Union citizen), in most cases, does not need to be registrered at the IND anymore. But the following requirements for legal residency still apply:
- a valid passport or identity card of an EU or EEA country or Switzerland;
- insurance for healthcare expenses;
- sufficient income. Find out more about income for Union citizens.

Process and costs

These requirements apply to verification against EU law.

Show details Hide details

1. Check requirements open minus

A valid provisional residence permit (MVV) is needed for this application

Make sure you meet the requirements.
1. Check requirements open minus

Make sure you meet the requirements.
2. Collect documents open minus

The application form lists which documents you need. Collect all documents before you apply.
Have official foreign documents legalised and translated into Dutch, English, French or German.
2. Collect documents open minus

The application form lists which documents you need. Collect all documents before you apply.
Have official foreign documents legalised and translated into Dutch, English, French or German.
3. Travel to the Netherlands open minus
Go to the Visa Advisor on Netherlandsworldwide.nl and check if you need a visa for the Netherlands.

Visa needed

First apply for visa facilitation in the country where you live. For example at the Dutch representation (embassy or consulate). Please indicate that you want to live in the Netherlands with your EU family member when you apply for the visa. The Ministry of Foreign Affairs decides whether you will receive visa facilitation.

No visa 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.
4. Apply open minus

You can apply online or in writing by post.
5. Pay for application open minus

The application costs € 76,00. You must pay € 41,00 for a minor. For all fees and exceptions, visit our web page Fees: application costs.
6. Wait for decision on application open minus

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.
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.
Extension of decision
We can extend the decision period if it takes longer to decide. For example, because the application is not complete. Then you will receive a letter.
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.
Follow the application in My IND.
7. Decision on application open minus
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.
8. Collect residence document open minus

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

Your family member can submit the application online for you. Your family member needs DigiD with SMS verification and internet banking (iDEAL) for this.

Are you a family member other than the parent, grandparent, child or grandchild of a Union citizen? Then you can only submit the application in writing by post. Is your family member a Dutch citizen subject to EU law? Then you can also only submit the application in writing by post.

Online application for verification against EU law

Apply online

Written application forms

Download the correct form. Fill in the form and send it by post.

Application for verification against EU law family member of the EU citizen 5005 (PDF, 456.73 KB)

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.

No longer living with Union citizen

Are you no longer living with your Union citizen family member? This may have consequences for your legal residency. Find out more on the page Staying in the Netherlands if you no longer live with an EU citizen.

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.

Residence document for permanent residency

Have you met the requirements for residency for 5 continuous years? Then you can apply for permanent residency.