Breakdown of relationship and retention of right of residence in the Netherlands
If you have a dependent residence permit as a family member of an EU citizen, you may be eligible for continued residence if the relationship or marriage lasted for three years prior to its termination, of which you lived with your partner in the Netherlands for at least one year and your ex-partner still resides in the Netherlands. You must also have sufficient independent income or assets.
If you have a dependent residence permit from a non-EU citizen, in many cases you may still be eligible for an independent residence permit if you meet certain conditions.
Franssen Advocaten can advise you on this. We have been assisting clients for many years in retaining their right of residence in the Netherlands after their divorce or separation.
EU law and family reunification
EU law on family reunification differs significantly from Dutch law. For example, there is no integration requirement and the income requirement is more flexible. So if you or your partner or child has the nationality of one of the EU countries, the requirements are much more flexible than those of Dutch immigration policy.
Dutch citizens are also EU citizens. However, European law only applies if Dutch citizens live with their family members in another EU member state or have recently lived in another EU country and now wish to settle in the Netherlands.
Staying with a Dutch child (Chavez-Vilchez residence permit)
If you are the parent of a Dutch child and don’t have a residence permit yet but can prove that you are caring for your child, you may be eligible for a residence permit on the basis of a ruling of the European Court of Justice (in the Chavez-Vilchez case) of May 10, 2017. We assist parents who believe they are eligible for this special residence permit.
