Verification against EU law for Union citizen family members

When you apply for verification against EU law, the IND assesses whether you come under EU law. EU law provides for free movement of persons within the EU. This freedom of movement also applies to citizens of the EEA and Switzerland. In this text we call all these people Union citizens, or in other words citizens of the Union. You must apply for verification against EU law if you are a Union citizen family member but do not have the nationality of one of these countries. View the EU/EEA Member States.

Family member of a Dutch citizen

A Dutch citizen only comes under EU law if he or she has used the right to free movement of persons. Find out when EU law applies to Dutch citizens.

Will you be living with a Dutch citizen who comes under EU law? Then you must also apply for verification against EU law.

Application in the Netherlands

You can only apply for verification against EU law in the Netherlands. This means that you must travel to the Netherlands first. Do you need to have a visa for the Schengen area? Then you must first apply to the Dutch embassy for visa facilitation.

If you are not in the Netherlands when the IND grants your application, then you will not get a residence document.

These requirements apply to verification against EU law:

• You have a valid passport.
• You pose no risk to public order or national security. This means that you do not have a criminal record and there are no ongoing criminal proceedings against you.
• You are one of these Union citizens family members:
  • You are the spouse or registered partner.
  • You are the unmarried partner. You have lived together for at least 6 continuous months before the date of the application or decision. Or you have not yet lived together for 6 months. However, your personal situation shows that you have had a sustainable relationship together for at least 6 months.
  • You are the child or grandchild of the Union citizen. Or the child or grandchild of the spouse or registered partner of the Union citizen. You are younger than 21 years old.
  • You are the child or grandchild of the unmarried nor the registered partner of the Union citizen. You are younger than 18 years old.
  • You are the child or grandchild of the citizen of the Union. Or the child or grandchild of the spouse or registered partner of the citizen of the Union. You are 21 years old or older and you depend financially on your family member. Without money from your family member, you cannot pay for your basic needs. Basic needs are, for example, rent, food and drink. You are receiving money from your family member regularly, for example every month.
  • You are the parent or grandparent of the Union citizen. Or the parent or grandparent of the spouse or registered partner of the Union citizen. And you depend financially on your family member. Without money from your family member, you cannot pay for your basic needs. Basic needs are, for example, rent, food and drink. You are receiving money from your family member regularly, for example every month.
  • You are another Union citizen family member. For example an uncle, aunt, or cousin. One of these situations applies to you:
    • You depend financially on your family member. Without money from your family member, you cannot pay for your basic needs. Basic needs are, for example, rent, food and drink. You are receiving money from your family member regularly, for example every month.
    • You were already living with the Union citizen in your country of origin.
    • You need care from the Union citizen because of serious health problems.
  • You are the family member of a Dutch national who comes under EU law.
• Your family member (the Union citizen) has legal residency in the Netherlands. Your family member (the Union citizen), in most cases, does not need to be registrered at the IND anymore. But the  following requirements for legal residency still apply:
  • a valid passport or identity card of an EU or EEA country or Switzerland;
  • insurance for healthcare expenses;
  • sufficient income. Find out more about income for Union citizens.

Find out what else you need to know about the residence document.

Working with the residence document

With the EU/EEA residence document, you are allowed to work. You do not need a work permit.

Using public funds

If you apply for (supplementary) public funds, such as social assistance benefit, the IND can stop your legal residency. Find out more about the consequences of applying for public funds.

No longer living with Union citizen

Are you no longer living with your Union citizen family member? This may have consequences for your legal residency. Find out more on the page Staying in the Netherlands if you no longer live with an EU citizen.

Validity of residence document

The residence document is valid for 5 years.

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.

Extension of the residence document

Will the residence document expire soon? This document cannot be extended. However, you can apply for verification against EU law again.

Residence document for permanent residency

Have you met the requirements for residency for 5 continuous years? Then you can apply for permanent residency.

• Living in the Netherlands
• Staying in the Netherlands if you no longer live with an EU citizen
• Travelling with a residence permit and return visa
• Permanent residence permit for Union citizens and their family

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)​