Apply for verification against EU law for a family member of a citizen of the Union

Last update: 7 June 2022

You are a family member of a national of a European Union (EU) or European Economic Area (EEA) country or Switzerland. Your own nationality is not that of one of those countries. In the Netherlands you will be living together with your partner or another family member. You have to apply for verification against EU law. On this page you will find out how to apply and what documents you need.

Family members of a Dutch national

Will you be living with a Dutch national? In that case, you are usually not able to apply for verification against EU law. EU law does not automatically apply to Dutch nationals. Read when EU law applies to Dutch nationals and their family members.

Does EU law apply to your Dutch family member? Then read more on this page.

Will you be living with a Dutch national who does not fall under EU law? If so, go to the Family page to find out about the conditions and procedure.

Family members of a Dutch national

Will you be living with a Dutch national? In that case, you are usually not able to apply for verification against EU law. EU law does not automatically apply to Dutch nationals. Read when EU law applies to Dutch nationals and their family members.

Does EU law apply to your Dutch family member? Then read more on this page.

Will you be living with a Dutch national who does not fall under EU law? If so, go to the Family page to find out about the conditions and procedure.

Who can apply for verification against EU law?

You are a family member of a Union citizen. A Union citizen is a person who is a national of an EU/EEA country or Switzerland. You are not a Union citizen yourself. However, as a family member of a Union citizen, EU law often applies to you. You can apply for verification against EU law to demonstrate that EU law is applicable to you.

Requirements

The following requirements apply to verification against EU law:

  • You have a valid passport.
  • You do not pose a threat to public order or national security. That means you do not have a criminal record and no legal action is currently being taken against you.
  • You are 1 of the following family members of the Union citizen:
    • You are the spouse or registered partner of the Union citizen.
    • You are the unmarried partner of the Union citizen. You have lived together for at least 6 consecutive months prior to the time of the application or at the time of the decision. Or have a child together.
    • You are the child or grandchild under the age of 21 of the Union citizen or of his/her spouse or registered partner.
    • You are the child or grandchild under the age of 18 of the unmarried partner of the Union citizen. You will be living with your parent or grandparent in the Netherlands.
    • You are the child or grandchild aged 21 or above or the parent or grandparent of the Union citizen or of his/her spouse or registered partner. You are financially dependent on the Union citizen. You receive money from your family member on a regular basis (e.g. every month). You need that money to meet your basic needs (e.g. rent, food and drink).
    • You are another family member of the EU citizen, e.g. an uncle, aunt, nephew or niece, and 1 of the following situations applies to you:
      • You are financially dependent on the Union citizen. You receive money from your family member on a regular basis (e.g. every month). You need that money to meet your basic needs (e.g. rent, food and drink).
      • You were already living together with the Union citizen in your country of origin.
      • You require care from the Union citizen because of serious health problems.
    • You are the family member of a Dutch citizen who falls under EU law.
  • Your family member with the nationality of an EU/EEA country or Switzerland (Union citizen) is lawfully residing in the Netherlands. That means the Union citizen has a proof of registration or a registration card of the IND. Or a valid Dutch residence permit. The Union citizen still meets the requirements for a citizen of the Union to live in the Netherlands:
    • A valid passport or identity card from an EU/EEA country or Switzerland.
    • An insurance for health care.
    • Sufficient income. Read more about income for Union citizens.

 

Documents that you need

You need to submit documents to demonstrate that you fulfil the conditions. Have official documents from abroad legalised and translated into Dutch, English, French or German.

Documents that are always needed

To apply for verification against EU law, you always need:

  • A copy of the page from your valid passport showing your personal details and the validity period. A child may also be entered in the passport of one of his/her parents. In that case, copy the page of the passport on which the child is shown.
  • A copy of the registration certificate of the Union citizen or a copy of the front and back of his/her valid residence permit.
  • Documents proving that the Union citizen is still performing genuine and effective work or still has sufficient income for both of you. 

Documents that you need depending on your situation

See which other documents you need in your situation:

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  • You are the spouse or registered partner of a Union citizen

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  • You are the unmarried partner of a Union citizen

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  • You are the child or grandchild under the age of 21 of a Union citizen or of the partner of a Union citizen

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  • You are the parent or grandparent or the child or grandchild aged 21 or above of a Union citizen or of the partner of a Union citizen

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  • You are a family member, other than a partner, parent, grandparent, child or grandchild, of a Union citizen

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  • You are a family member of a Dutch national and fall under EU law

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How to apply for verification against EU law

You are applying for verification against EU law in the Netherlands. You should therefore travel to the Netherlands first.

Travelling to the Netherlands: facilitation visa or permit-exempt term

Depending on your nationality, you enter the Netherlands with or without a facilitation visa. Find out whether you need a visa.

Facilitation visa

Does your nationality require you to have a visa? If so, you will need a visa to travel to the Netherlands. Family members of Union citizens receive a 90-day Schengen visa (type C visa) free of charge if they want to live with their family member in the Netherlands. This is called a facilitation visa. You can apply for the facilitation visa at the Dutch embassy or consulate in your country of residence. State that you will be living in the Netherlands with a family member who is a national of an EU/EEA country or Switzerland. You need to submit documents to demonstrate that you are a family member of the Union citizen. These can include a marriage or birth certificate, for example.

Visa-exempt term

Does your nationality not require you to have a visa? In that case, you can travel to the Netherlands during your visa-exempt term. You need these documents to enter the Netherlands:

  • A valid passport or other travel document. A child may be included in the passport of one of his/her parents.
  • A document proving that you are a family member of a Union citizen, e.g. a marriage or birth certificate.

Apply online

You can submit the application for verification against EU law + registration citizen of the Union online.

Does the sponsor already have a proof of registration at the IND or is the sponsor a Dutch national? Then you cannot apply online. Please use the written form for Application for verification against EU law (certificate of lawful residence).

For the online application you need DigiD with sms code and internet banking (iDEAL).

Apply online

Written application form

Download and print the following application form:

For the registration form citizen of the Union go to page Registering for citizens of the Union.

Costs of application

An application for a check under EU law costs € 69,00. For a minor you pay € 37,00. 

Decision on your application

You will receive a letter from the IND stating how you should pay the fees (costs) of your application. And how you can make an appointment to provide your biometrics. This letter also states that you are legally allowed to stay in the Netherlands during the procedure (lawful stay). And that you are allowed to work. As long as you have not received a decision on your application, the letter together with your passport serves as proof of lawful stay. For example for government organisations and employers.

The IND has 6 months to decide on your application for verification against EU law. This period is called the decision period. It is specified by law. You will receive a letter stating the date by which the IND will decide on the application.

Track your application in My IND

You can track your application in My IND. To do that, you need to log in using DigiD.

Apply for review of the decision

You can apply for review of the decision within 4 weeks. The decision letter explains how to do this. Find out more about applying for review or appealing a decision from the IND.

The IND decides late

Has the decision period passed and you have still not received a decision on your application or review? Then the IND is late in deciding. Find out what you can do if the IND is late with its decision.

Collecting your residence document

If you have received a positive decision, you will be sent a letter about collecting your residence document. Make an appointment to collect your residence document.

Your rights

Validity of the residence document of a family member of a EU/EEA citizen

Your residence document is valid for 5 years. After that period you can apply for a new verification or a permanent residence document for EU citizens and their family members.

Working in the Netherlands as a family member of a Union citizen

If you hold this residence permit, you can work freely. On the back of your residence document you will see the text 'Free to work. No work permit required. (In Dutch: ''arbeid vrij toegestaan. TWV niet vereist'').

Use of public funds

If you rely on (or make an additional claim for) public funds, e.g. a social assistance benefit payment, your lawful residence may come to an end. Find out more about the consequences of relying on public funds.

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