Dutch nationals and EU law

In the following situations, you have made use of the free movement of persons within the EU after returning to the Netherlands. And you can, as a Dutch citizen, rely on EU law.

You are returning with your partner or family member from another EU/EEA country or Switzerland

You meet the following requirements:

• You actually had the right to reside with your partner or family member in the other EU/EEA country or Switzerland.
• You formed a family with your partner or relative during that stay.
• You and your partner or family member always met the residence requirements of EU law during at least 3 months of that stay. Residence requirements are, for example:
  • you had sufficient money of your own there, or;
  • you were employed there, or;
  • you and your family member had a right of permanent residence there.
• Your partner or family member does not have the nationality of an EU/EEA country or Switzerland.

No longer rely on EU law

You can no longer rely on EU law in the following cases:

• After your stay in that EU/EEA country or Switzerland, you have stayed outside the EU for more than 6 months in a year, or;
• After your stay in that EU/EEA country or Switzerland, you have stayed outside the EU for more than 12 consecutive months for important reasons, such as pregnancy, serious illness, study or work, or;
• You had permanent residence in that EU/EEA country or Switzerland. And after that stay you have stayed outside of that country for more than 2 years.

You are returning from the United Kingdom (UK) with your partner or family member

You meet the following requirements:

• As a Dutch citizen, you started living in the UK before or on 31 December 2020.
• You and your partner or family member had a family bond on or before 31 December 2020. That family bond still exists after returning to the Netherlands.
• You actually had the right to reside with your partner or family member in the UK.
• You formed a family with your partner or relative in the UK during that stay.
• During at least 3 months of that stay, you and your partner or family member always met the residence requirements under EU law (Brexit withdrawal agreement). Residence requirements are, for example:
  • you had sufficient money of your own there, or;
  • you were employed in the UK, or;
  • you and your family member had a right of permanent residence there. Or you had a right of permanent residence and your partner or family member is a UK national.
• Your partner or family member does not have the nationality of an EU/EEA country or Switzerland.

No longer rely on EU law

You can no longer rely on EU law in the following cases:

• You have stayed outside the UK for more than 6 months in a year after your stay in the UK, or;
• After your stay in the UK, you have stayed outside the UK for more than 12 consecutive months for important reasons, such as pregnancy, serious illness, study or work, or;
• You had permanent residence in the UK under EU law (Brexit withdrawal agreement). And you have lived outside the UK for more than 5 years.

You were an EU/EEA citizen or Swiss and you have become a Dutch citizen

You must meet these requirements.

• You lived in the Netherlands under EU law as an EU/EEA or Swiss citizen.
• You became a Dutch citizen later.

You were born in the Netherlands as an EU/EEA or Swiss citizen 

You must meet these requirements.

• You have always lived in the Netherlands.
• You became a Dutch citizen later. 

You have another nationality besides Dutch nationality

You must meet these requirements.

• You came to the Netherlands and you became a Dutch citizen later. At the time you maintained your other nationality.
• After you became a Dutch citizen, the country of your other nationality became an EU/EEA country.
   

Are you a Dutch national and can you rely on EU law? In that case, you can  visit the web page Apply for verification against EU law for a family member of a citizen of the Union for the process and more information. 

Are you a Dutch national, but you cannot rely on EU law? In that case visit the web page Apply for residence permit for partner for the requirements and more information.