The Chavez- Vilchez application procedure is an application procedure which is based on the Chavez-Vilchez court ruling of the European court of justice.
This procedure is a huge opportunity for non- EU parents who wish to stay with their minor Dutch child in the Netherlands.
To be eligible for a Chavez residence permit, the non-EU parent of the Dutch minor child must meet a number of conditions;
- the non-EU parent needs to prove his/her identity and nationality by providing a valid passport or a valid identity card. If the non-EU parent is unable to demonstrate this, he/she has to prove the identity and nationality by other means;
- the non- EU parent has a minor child who has the Dutch nationality;
- the non-EU parent carries out actual care tasks for the minor Dutch child;
- there is a relationship of dependence between the non- EU parent and the child to such an extent that the child would be forced to leave the territory of the European Union if the non- EU parent will be denied a Chavez residence permit.
Given our experience at the IND, INLS would be more than happy to manage the Chavez-Vilchez application procedure for you.
Please refer to the FAQ list below for more information about the Chavez application.
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Frequently asked questions
The parent does – depending on the nationality of the parent – indeed need a facilitating visa. If the parent has a visa free nationality, then applying for a facilitating visa is not needed. In that case the parent can travel to the Netherlands freely without a visa and await the Chavez application procedure in the Netherlands. Applying for the facilitating visa is indeed included within the Chavez procedure for parents who are required to have a facilitating visa.
The facilitating visa is a Schengen visa. This facilitating visa needs to be applied for at the Dutch embassy in the country of origin. The parent has to state that he/ she wishes to stay with his/her Dutch child in the Netherlands and he/she needs to prove that he/she is the parent of the Dutch child.
The IND doesn’t regard marginal parenting duties as actual care tasks, unless the parent can’t be blamed for the marginal nature of the care and/or parenting duties. The parent won’t be blamed for this if he/she can prove that the other parent frustrates the contact with the child. So care tasks are tasks that aren’t marginal of character.
In assessing whether there is such a dependency relationship that the child would be forced to leave the territory of the European Union if the non-EU parent will be denied a Chavez residence permit, the IND takes all relevant circumstances into account. These are circumstances which are in the best interests of the child. These special circumstances are:
- The age of the Dutch child;
- The physical and emotional development of the child;
the degree of the affective relationship with both the Dutch parent and the non- EU parent, as well as the risk that would arise for the balance of the child if the child were separated from the non-EU parent.
The IND has a legal term of 6 months.
The IND fees for the Chavez application are €64,-
The Chavez residence permit has a validity of 5 years.
No, the Chavez residence permit is not extendable after 5 years. You’ll have to apply again after 5 years. The IND will assess again if you’re eligible for the Chavez residence permit.