Staying in the Netherlands if you no longer live with an EU family member

Last update: 31 March 2023

Do you or will you no longer live with a family member who is an EU, EEA or Swiss national? This page tells you whether you can continue living in the Netherlands.

Who is this page for?

You have a residence document to live with your family member who is an EU, EEA or Swiss national. You have a different nationality. You no longer live with your family member. For instance, because your family member has left the Netherlands or passed away. Or because your relationship has ended. You want to continue living in the Netherlands.

If you are also an EU, EEA or Swiss national

You still have the right to live in the Netherlands. However, also for EU, EEA and Swiss citizens there are requirements for living in the Netherlands. For instance, you must have your own source of income. You can read about these requirements on the page: Living in the Netherlands as an EU, EEA or Swiss citizen.

 

Report the change in your situation

Your right of residence ends when you are not living with your EU family member anymore. Therefore, you need to report the change in your situation to the IND. The IND will then determine whether one of the situations in which you are allowed to continue your residence in the Netherlands applies to you.

You can report the change in your situation with the notification form for foreign national:

When am I allowed to stay in the Netherlands?

You can live in the Netherlands because you had a family member with EU, EEA or Swiss nationality. Your family member is an EU citizen. This means your right to live in the Netherlands ends if you stop living with the EU citizen. But sometimes you can stay in the Netherlands anyway.

Situations where you can keep living in the Netherlands

In some situations, you can continue living in the Netherlands if you are not an EU, EEA or Swiss national. Check if one of these situations applies to you:

You have been living in the Netherlands for 5 years or more

Have you been in the Netherlands for at least 5 years? If so, you may have permanent residence. Read more about applying for permanent residence for EU citizens.

The EU citizen has passed away

Before the time of death, you lived with the EU citizen in the Netherlands for at least 1 year. You may stay in the Netherlands.

You are the child of the EU citizen. The EU citizen has left or passed away

You are studying in the Netherlands. You and the parent caring for you may stay in the Netherlands until your studies have been completed.

Your marriage or registered partnership with the EU citizen has ended

You may stay in the Netherlands if any of these situations applies to you:

  • Your marriage lasts at least 3 years at the start of the divorce, dissolution or marriage annulment procedure. Or your registered partnership lasts at least 3 years at the end of the registered partnership. You have lived together in the Netherlands for at least 1 year of the marriage or registered partnership.
  • You have received custody of the children. Or you have access rights and the court ordered that you must visit your children in the Netherlands.
  • A special hardship case applies. For instance, you were the victim of violence in your home during your marriage or relationship (domestic violence). Or you are a victim of honour crimes.

Requirement: you have sufficient income

You must always have sufficient income to receive permission to live in the Netherlands. For this, it does not matter why you and the EU citizen no longer live together.

Your income is adequate in any of the following situations:

  • You are an employee or business owner. You perform real and actual work. This means that you work for at least 40% of the normal full-time work week. Or you earn at least 50% of the amount of social assistance that applies for you.
  • Your income is higher than or equal to the standard amount for your family situation. And you have insurance to cover healthcare expenses in the Netherlands.
  • You are a family member of someone who is an employee or business owner. Or you are a family member of someone whose income is higher than or equal to the standard amount for your family situation.

View the required amounts for the income requirement.

Still looking for work?

You have a period of 6 months to look for a job.

When do I need to apply for a new residence document?

You do not always need to apply for a new residence document immediately. Three situations are possible:

  1. Your residence document is still valid. You keep this document and do not need to submit an application. But you will report the change in your situation: 
  2. If you have been in the Netherlands for 5 consecutive years, you may have permanent residence. Read more about applying for a permanent residence document.
  3. Your residence document is no longer valid. And you do not have permanent residence yet. You are submitting a new application for a European Community law review. Read more about .
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