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Family member with different nationality

You are a family member of an EU/EEA citizen or Swiss citizen and you wish to live in the Netherlands with your family member. You yourself are not a national of the EU, EEA Member States, or Switzerland.  EU law does apply to family members of EU/EEA or Swiss citizens. But you do need a residence document to prove you are allowed to stay in the Netherlands. You have to apply for verification against EU Law (certificate of lawful residence).

​Dutch nationals and EU law

Does the family member, with whom you are going to live, have the Dutch nationality? Then, in principle, EU laws do not apply. Read more about situations in which EU laws do apply to Dutch nationals. Do you wish to stay with a family member to whom EU laws do not apply? Please check Family for more information on the conditions and procedures.

Conditions

You select one of the residence categories listed in the application form. For each category different conditions apply:

You are the spouse/registered partner or unmarried partner

  • You are the spouse/registered partner or unmarried partner of an EU/EEA citizen or Swiss national.
    Are you unmarried partners? Then the following also applies: You have lived together for at least 6 months. Or you have a child together.
  • You have a valid passport or another travel document.
  • You do not pose a threat to public order.

Your spouse/registered partner or unmarried partner:

  • Has the nationality of an EU/EEA Member State or Switzerland.
  • Has lawful residence in the Netherlands (a proof or registration or a valid residence document).
  • Carries out real and actual work or has sufficient resources to support you.

You are younger than 21 years of age

  • You are the child of an EU/EEA or Swiss citizen. Or you are the child of the spouse/registered partner or unmarried partner of an EU/EEA or Swiss national.
  • You have a valid passport or another travel document. A child may be included in the passport of one of the parents.
  • You do not pose a threat to public order.

Your parent or the spouse/registered partner of your parent:

  • Has the nationality of an EU/EEA Member State or Switzerland.
  • Has lawful residence in the Netherlands (a proof or registration or a valid residence document).
  • Carries out real and actual work or has sufficient resources to support you.

Are you the unmarried partner of an EU/EER- or Swiss citizen? And does your child or grandchild want to live with you? This is only possible when your child or grandchild is younger than 18 years old. Also, additional conditions apply. Contact the IND for more information.

You are the grandparent, parent, child of 21 or over or grandchild

  • You are the grandparent, parent, child of 21 or over, or grandchild of an EU/EEA or Swiss citizen. Or you are the grandparent, parent, child of 21 or over, or grandchild of the spouse/registered partner of an EU/EEA or Swiss citizen.
  • You fall under the responsibility of the EU/EEA or Swiss citizen. You have gotten money from your family member regularly (for example, every month) while you lived in your country of origin or earlier stay. Your family member has given this money for already 12 months minimum. Only with this money you could pay for your basic needs (for example, rent, food and drinks).
  • You do not pose a threat to public order.
  • You have a valid travel document (for example a passport).

Your grandchild, child, parent or grandparent. Or the grandchild, child, parent or grandparent of your spouse/registered partner:

  • Has the nationality of an EU/EEA Member State or Switzerland.
  • Has lawful residence in the Netherlands (a proof or registration or a valid residence document).
  • Carries out real and actual work or has sufficient resources to support you.

You are a family member other than mentioned above

  • You are a family member of an EU/EEA or Swiss citizen, other than grandparent, parent, child, grandchild.
  • You are coming to the Netherlands for one of the following reasons:
    • You live with this family member in your country of origin.
    • You fall under the responsibility of the EU/EEA or Swiss citizen. You have gotten money from your family member regularly (for example, every month) while you lived in your country of origin or earlier stay. Your family member has given this money for already 12 months minimum. Only with this money you could pay for your basic needs (for example, rent, food and drinks).
    • you need personal care from this family member due to serious health reasons. He is the only person who can provide this care.
  • You have a valid passport or another travel document. A child may be included in the passport of one of the parents.
  • You do not pose a threat to public order.

Your family member:

  • Has the nationality of an EU/EEA Member State or Switzerland.
  • Has lawful residence in the Netherlands (a proof or registration or a valid residence document).
  • Carries out real and actual work or has sufficient resources to support you.

Costs

This application costs € 58.

Children under 18 pay € 31. 

Checklist documents

The application form lists the documents that you have to enclose with the application. 

You have to have official foreign documents legalised and translated into Dutch, English, French or German.


 

Steps in the application process

1. Entry in the Netherlands: Visa facilitation or permit-exempt term

​Visa facilitation

If you have a visa-required nationality, you first have to apply for a visa to travel to the Netherlands. This is called a facilitation visa. This is free of charge and is issued as a Schengen visa (type C).

You apply for this visa to the Dutch representation in the country you are live in. When you apply for this, you indicate that you intend to live in the Netherlands with a family member who has EU/EEA or Swiss nationality. You have to prove that you are a family member of an EU/EEA or Swiss citizen. You can, for example, show your marriage certificate or birth certificate.

Please contact the Dutch representation for more information about this visa and how to apply for it.

Permit-exempt term

When you do not have a visa-required nationality, you can travel to the Netherlands in your permit-exempt term. You, in any event, need the following documents to enter the Netherlands:

  • A valid passport or another travel document. A child may be included in the passport of one of the parents;
  • You have to prove that you are a family member of an EU/EEA or Swiss citizen. You can, for example, show your marriage certificate or birth certificate.

2. Submit the application for verification against EU law

You can temporarily not submit an application at an IND desk. Legally, you can continue to live in the Netherlands if you meet the conditions. This is also the case if you do not have a residence sticker in your passport. At the moment it is not necessary to submit an application. What if you are asked to prove your right of residence? If you explain the situation, the Royal Marechaussee and police will be flexible in handling such cases.

In other situations, it may be inconvenient not to have a residence sticker. Do you therefore still prefer to submit an application? Until 1 December 2020, you can apply for verification against EU law in writing. Please first read the conditions and then fill in the application form completely. Make sure that you fill in your address and telephone number correctly, so we can reach you.

If you submit this application, the family member with whom you are staying (the EU citizen) must be registered with the IND. This registration can temporarily also be done in writing only. To do this, fill in the form Registration for EU-citizens (proof of entitlement to residency status). And send this to the IND together with the application. Is your family member already registered with the IND? Then you do not have to do this again. In that case, please enclose a copy of your family member's residence document with the application.

Send the completed forms and all requested documents in 1 envelope to:

Immigration and Naturalisation Service
Postbus 16
9560 AA Ter Apel

3. Receipt and check application

After your application has been received, the IND sends a confirmation letter. The confirmation letter states the date the IND has received the application. It also states the period within which the IND makes a decision. You will also receive a letter explaining how you can pay the fees (costs) of your application.

The IND will then check to see if your application is complete and that the fees have been paid. Are documents missing, or are documents not correct? In that case, the IND will send a letter: a request to rectify the omission. This letter lists the documents that still needs to be sent. Send the requested documents before the mentioned date to the IND.

Have you paid the fees and is your application complete? Then an IND employee will call you to make an appointment at an IND desk. At that appointment, you will have biometric data taken (passport photo, fingerprints and signature). You will also receive a residence sticker in your passport.

My IND en Message Box (Berichtenbox)

Follow your application in My IND. Did you register with the Message Box (Berichtenbox) for mail from IND? And did you enter you e-mail address? Than you will receive an e-mail from the Berichtenbox when you have new mail from IND.

4. Decision

​The IND checks if you meet all the conditions. The IND has to make a decision within a period of 6 months.

  • Negative decision

    If you do not meet the conditions, you will not get an residence permit. This decision is given in the formal decision. You can apply for a review of this decision.

  • Positive decision

    If you meet all the conditions, you will get a residence permit. The IND will inform you about this decision. The IND also informs the Dutch representation.

Application forms and costs
Application for Verification against EU Law (certificate of lawful residence)5005

Checklist documents

The application form lists the documents that you have to enclose with the application. 

You have to have official foreign documents legalised and translated into Dutch, English, French or German.

How to send documents to the IND:

  • You only send copies of your documents, single-sided and on A4 paper.
  • The copies must be complete and legible (clear enough to be read).
  • Write down your V-number or client number on each copy. If you do not know these numbers, then please write your name and date of birth on each copy.
  • Do not send USB sticks, CDs or DVDs.
  • You keep the original documents yourself. You have to show these documents to the Dutch representation abroad.

Costs application

This application costs € 58.

Children under 18 pay € 31.

Download  

After the application

Collect your residence document

​The IND aims to have the residence document ready for you within 2 weeks after the decision. You receive a letter when you can collect the residence document. For this, you have to make an appointment online at the IND desk stated in the letter. Keep in mind that it is not always possible to visit an IND desk at short notice. Therefore, please schedule an appointment in time.

Check to see if the information on the residence document is correct while you are still at the IND desk. If something is incorrect, inform the IND staff member at once.

Registration with the municipality

​If you are staying in the Netherlands for more than 4 months, you have to register him in the Municipal Personal Records Database (BRP)  in the municipality you are going to live.

Are you staying in the Netherlands for less than 4 months? And do you need a social security number (BSN)? Then you register yourself in the Register Non-residents (RNI).

To register with the municipality, your child needs a valid legalised and translated  birth certificate. Take this therefore with you when you travel to the Netherlands.​

Take out health insurance

Anyone living in the Netherlands must take out health insurance. You do this within 4 months following your arrival in the Netherlands.

Work

The back of your residence document states whether you may work in the Netherlands. Your employer does not need a TWV for you. Your residence document states arbeid vrij toegestaan, TWV niet vereist (work permitted free from restrictions, work permit not required).

What if I do not stay with the EU family member anymore?

The EU family member with whom you stayed, does not live with you anymore. You right or residence on EU law continues in the following situations if you meet the stated conditions:

In case of death of the EU family member

  • You have lived in the Netherlands for a minimum of 1 years with this EU family member and you have sufficient income, or
  • You are the child of this EU family member and you wish to finish your study in the Netherlands. Or you are the caretaking parent of a child of the EU family member that studies in the Netherlands.

The EU family member has left the Netherlands

  • You are the child of this EU family member and you wish to finish your study in the Netherlands. Or you are the caretaking parent of a child of the EU family member that studies in the Netherlands.

You marriage or relationship with the EU citizen has ended

  • The marriage or relationship has lasted for a minimum of 3 years and you have lived together in the Netherlands for at least 1 year. You have sufficient income.
  • You have parental authority over the children or you have an arrangement concerning parental access for the children born out of your marriage or relationship. The execution of this arrangement concerning parental access needs to take place in the Netherlands. You have sufficient income.
  • A humanitarian situation applies, for example there has been domestic violence during the marriage or relationship. You have sufficient income.
You have sufficient income if you meet one of the following situations:

  • You are an employee or work as a self-employed person. And you have an income that is equal to or higher than the norm amount that applies to your situation.
  • You are a family member of a person that is an employee or self-employed person, or that has an income equal to or higher than the norm amount that applies to his family situation.

Use of public funds

If you rely on (additional) general funds, such as social welfare benefits, this could end your lawful residence. This does not apply if you have permanent residence.

Please check the website of the SZW Inspectorate for further information on living and working in the Netherlands (available in various EU languages)

Further applications (extend or change)

Replace residence document

Is your residence document damaged, lost or stolen? In that case, have the residence document replaced.

Replace residence document

Is your residence document due to expire soon? You cannot extend your residence document. Instead you apply for Verification against EU law again. You submit the application to an IND desk. You have to make an appointment for this.

Permanent residence for EU/EEA and Swiss citizens and their family members

After having lawfully lived in the Netherlands for an uninterrupted period of 5 years, you can apply for a residence document for permanent residence permit.

Becoming a Dutch citizen

Having had a residence document for a period of 5 years, you may apply for Dutch citizenship. 

Public order

Public order is peace and order on the street and in public spaces. The government organises and controls this peace and order in society. Someone who is a danger to the public order is someone who disrupts this order, for example, someone who commits an offence. The IND therefore checks whether an individual has any registered convictions. We also check whether that person is currently a serious threat to society.

real and actual work

Works at least 40% of the usual full working hours. Or, the income from work is at least 50% of the appropriate social welfare benefits standard.

Dutch representation

​This is the Dutch embassy or consulate.

formal decision

​A formal letter with the decision on your application.

TWV

​A TWV is a work permit. The employer applies for a TWV with UWV (Netherlands Employees Insurance Agency). UWV examines among other things if there is no employee with the Dutch, EU/EEA or Swiss nationality that is qualified for the job.