Residence permit for family members under article 8 ECHR

Last update: 2 March 2026

Article 8 of the European Convention on Human Rights (ECHR) concerns the right to family life. In rare situations, you may have the right to reside in the Netherlands under Article 8 of the ECHR. However, this is almost never the case.

Why do you almost never get a residence permit under Article 8 ECHR?

Dutch law determines who is allowed to live in the Netherlands

If you do not meet Dutch law requirements, you usually have no right to residence. Only in rare situations can you still have the right to live in the Netherlands under Article 8 ECHR.

Family life does not have to be in the Netherlands

Article 8 ECHR concerns the right to family life. However, if this family life is also possible in your own country or in another safe country, you will almost never have the right to live in the Netherlands.

The interests of the Netherlands carry significant weight

The Netherlands protects its general interests, such as national security, public order and economic well-being. Only in rare situations do your personal interests outweigh these, giving you the right to live in the Netherlands.

When does the IND assess Article 8 ECHR?

The IND assesses Article 8 ECHR:

automatically if your application for a residence permit is rejected under Dutch law, or
if you have submitted an application for a residence permit under Article 8 ECHR. And there are no other residence permits that give you the right to live in the Netherlands. Examples of this are:
- a parent staying with an adult child or an adult child staying with a parent.
- a grandparent staying with a grandchild or a grandchild staying with a grandparent.
- a parent staying with a minor child.

More information

Do you want to know more about what is possible in your situation? Contact the IND for more information.