Verification against EU law for Union citizen family members

Last update: 16 February 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:

Process and costs

These requirements apply to verification against EU law.

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Application forms

Your family member can submit the application for you online.
To do so, your family member needs DigiD with SMS verification and internet banking (iDEAL).
Is your family member a Dutch national who comes under EU law? Then you can only use the written application form.

Online application for verification against EU law

Apply online chevron-right You need a DigiD

Written application forms

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

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.

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.

 

 

 

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