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Residence permit for family members under article 8 ECHR

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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 in the following situations:

  • 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 non-Dutch child.

Possibilities in your situation

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

Application form

Do you want to apply for a residence permit under article 8 ECHR?
Have you already called the IND to ask about the possibilities in your situation?

You have answered that you do not want to apply for a residence permit under article 8 ECHR. Check the information on the website to find out which residence permit you should apply for. Use the Navigation guide, if needed.

You want to do an application under article 8 ECHR, but you have not yet contacted the IND about your situation. Call the IND first to discuss your situation.