Returning with a Dutch national from another EU/EEA country or Switzerland
For whom is the application for verification against EU law?
You can apply for EU verification if you are going to live in the Netherlands as a family member of a Dutch citizen to whom EU law applies.
A Dutch citizen comes under EU law only if the Dutch citizen has lived in another EU/EEA country or Switzerland. The Dutch citizen then exercised the right to free movement of persons within the European Union (EU). When you apply for verification against EU law, the IND assesses whether you, as a family member, come under EU law.
Under requirements, you can read when you and the Dutch citizen come under EU law. You can also read what requirements apply if you have lived with a Dutch citizen in the United Kingdom (UK).
Requirements, process and costs
The application process for EU verification consists of the following steps:
-
1. Check requirements Valid travel document
You have a valid passport.
No danger to public order or national security
You are not a danger to public order or national security.
No nationality EU/EEA country or Switzerland
You yourself are not a national of an EU/EEA country or Switzerland.
You and the Dutch national have complied with EU law in the other country
You resided in the other EU/EEA country or Switzerland pursuant to EU law. You must prove that you have met those requirements.
Dutch citizen returns with partner or family member from other EU/EEA country or Switzerland
You and your Dutch partner or Dutch family member meet the following requirements:
- You lived with the Dutch citizen in the other EU/EEA Member State or Switzerland.
- You had a family life with your Dutch partner or family member during that stay.
- You and your Dutch partner or family member met the residence requirements under EU law for at least 3 consecutive months during that stay because
- Your Dutch partner or family member and you had enough money of your own there.
- Your Dutch partner or family member was looking for a job or student there, or worked as an employee or self-employed person.
Dutch citizen returns from United Kingdom (UK) with partner or family member
If you lived with the Dutch citizen in the UK, the following requirements apply:
- Your partner or family member, as a Dutch citizen, started living in the UK on or before 31 December 2020.
- You and your Dutch partner or family member had a family relationship on or before 31 December 2020. The family relationship still exists.
- You had actual residence with your Dutch partner or family member in the UK.
- You had a family life with your partner or family member during that stay in the UK.
- You and your Dutch partner or family member met the residence requirements under EU law for at least 3 consecutive months (Brexit Withdrawal Agreement). Residence requirements include:
- You had enough of your own money there.
- You had a job there or worked as a self-employed person.
You still meet the conditions that apply as a family member of an EU citizen
You must demonstrate that you still meet the conditions for residence as a family member of an EU citizen. This means:
- That you are still in a relationship with your spouse or (registered) partner. If you are unmarried, you must also continue to live together in the Netherlands.
- That, as a child, (great)grandchild, or adopted child aged 21 or older, you are still financially dependent on the EU citizen or on the spouse or registered partner of the EU citizen.
- That you are still the caring parent of a minor EU citizen.
- That, as a parent or (great)grandparent, you are still financially dependent on an EU citizen, or the spouse or registered partner of that EU citizen.
- That at least 1 of the following conditions still applies to you as another family member of the EU citizen, or of the spouse or registered partner of that EU citizen:
- You are financially dependent on the Union citizen. And you were already financially supported by this family member in your country of origin. Without money from this family member, you cannot pay for your basic needs, such as food and drink. You have already received money regularly from this family member for at least one year, for example every month.
- You were already living together with the Union citizen in your country of origin. Or with the spouse or registered partner of the Union citizen.
- You need care from the Union citizen. Or from the spouse or registered partner of the Union citizen. You need this care due to serious health problems. There are no family members in the country of origin who can take on this care.
Dutch citizen is living in the Netherlands
You return with the Dutch citizen to the Netherlands from another EU/EEA country, Switzerland or the UK.
Dutch citizen can rely on EU law
The Dutch citizen can no longer rely on EU law in the following cases:
- The Dutch citizen has stayed outside the EUEEA or Switzerland for more than 6 months in a year after the stay in that EU/EEA country or Switzerland.
- The Dutch citizen has stayed outside the EUEEA or Switzerland for more than 12 consecutive months for important reasons after the stay in that EU/EEA country or Switzerland. Important reasons might include, for example, pregnancy, serious illness, study, or work.
- The Dutch citizen had permanent residence in that EU/EEA country or Switzerland. And resided outside that member state for more than 2 years after that residence.
Dutch citizen has lived in the UK
Has the Dutch citizen lived in the UK? Then the right to rely on EU law lapses in one of the following cases:
- The Dutch citizen has stayed outside the UK for more than 6 months in a year following their stay in the UK.
- The Dutch citizen has stayed outside the UK for important reasons for more than 12 consecutive months following their stay in the UK. Important reasons might include, for example, pregnancy, serious illness, study, or work.
- The Dutch national had permanent residence in the UK under EU law (Brexit Withdrawal Agreement) and has stayed outside the UK for more than 5 years.
-
2. Collect documents Do you want to know which documents you need in your situation to make the application? Then answer a few questions to get your document overview.
Go to questions for your document overview
Have official foreign documents legalised and translated into Dutch, English, French or German.
-
3. Travel to the Netherlands You can apply for EU verification only in the Netherlands. That means you have to travel to the Netherlands first.
To travel to the Netherlands you will need the following documents:
- A valid passport.
- Documents proving that you are going to live with a Dutch citizen in the Netherlands as a family member.
-
4. Pay for application The application costs € 85,00. You must pay € 46,00 for a minor. For all fees and exceptions, visit our web page Fees: application costs.
-
5. Decision on application You will receive the decision in a letter. The decision will be positive or negative.
- Positive decision: you will get a residence document.
- Negative decision: you will not get a residence document. You can object against this decision.
-
6. Collect residence document When the residence document is ready at an IND desk, you will receive a letter. You must make an appointment to collect it. Make an appointment to collect your residence document.
Application forms
Download the form. Fill in the form and send it by post.
Written application forms
The residence document
Find out what else you need to know about the residence document.
Working with the residence document
The family member EU/EEA residence document allows you to work. You do not need a work permit (for non-EU subjects) for this.
Validity of residence document
The residence document is valid for 5 years.
Type of residence document
The residence document is type Family members EU/EEA, residence document for family members of Community nationals.
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.
Apply for EU verification again
Will the residence document expire soon? This document cannot be extended. However, you can apply for verification against EU law again.
Staying in the Netherlands if your situation with EU citizen has changed
Has your situation with the Dutch EU citizen changed? In the following cases you may still stay in the Netherlands:
- You have been in the Netherlands for 5 years or longer.
- The Dutch EU citizen has died.
- Your are the child of the Dutch citizen. And the Dutch citizen has left or died.
- The marriage or relationship with the Dutch EU citizen has ended.
Additional requirements apply. Find out more on the page Staying the Netherlands if your situation with the EU citizen has changed.
Residence document for permanent residency
Have you met the requirements for residency for 5 continuous years? Then you can apply for permanent residency.
See also
Staying in the Netherlands if you situation with the EU citizen has changed
Travelling with a residence permit and return visa
Verification against EU law for Union citizen family members
Permanent residency for Union citizens and their family
Factsheet living (and working) in the Netherlands for Union citizens
Rules and regulations
Article 8.7 Aliens Decree (Vreemdelingenbesluit 2000)
Article 8.9 Aliens Decree (Vreemdelingenbesluit 2000)
Article 8.13 Aliens Decree (Vreemdelingenbesluit 2000)
B10/2 Aliens Act Implementation Guidelines (Vreemdelingencirculaire 2000)