The family member of an EU- citizen is eligible for a residence permit family member EU/EEA if the family member is a non-Dutch EU- citizen who has made use of his free movement of persons and resides in the Netherlands.
Are you a family member (other than a partner) of an EU citizen and has your EU- family member made use of his/her free movement of persons? Then the family member of an EU partner application procedure is a promising procedure whereby the application will be verified against European law (verification against EU- law). You will receive a residence permit family member EU/EEA.
The verification against EU- law also applies to the family member of a Dutch person who has made use of his free movement of persons.
Verification against EU- law has major advantages as compared to verification against national law. For example, the family member of the EU- citizen does not have to undergo the civil integration exam and the family member of the EU- citizen is exempted from the MVV requirement, based on the EU- law.
Given our experience at the IND, INLS would be happy to manage your application procedure family member of an EU-citizen and verification against EU- law.
Please refer to the FAQ list below for more information about the the family member of an EU- citizen procedure.
Frequently asked questions
The family member of the EU citizen does – depending on the nationality of the partner of the EU-citizen – indeed need a facilitating visa. If the family member of the EU citizen has a visa free nationality, then applying for a facilitating visa is not needed. In that case the family member of the EU-citizen can travel to the Netherlands freely without a visa and await the family member of an EU-citizen application procedure in the Netherlands. Applying for the facilitating visa is indeed included within the family member of the EU citizen procedure for family members who are required to have a facilitating visa.
The following family members can apply for the residence permit family member EU/EEA:
- The child or grandchild of the EU-citizen (or of his/her spouse or registered partner) who is younger than 21 years old;
- The child or grandchild of the unmarried partner of the EU- citizen who’s younger than 18 years old;
- The child or grandchild of the EU- citizen (or his/her spouse of registered partner) who is older than 21 years old. In this case, the child or grandchild has to be financially dependent on his/her EU- parent or grandparent (or the spouse or registered partner of the EU- parent or grandparent) ;
- You are the parent or grandparent of the EU- citizen (or his/ her spouse or registered partner). In this case, the parent or grandparent has to be financially dependent on his/her EU- child or grandchild (or the spouse or registered partner of the EU- child or grandchild) ;
- A family member of the EU- citizen, other than the options above. For example an uncle, an aunt. a cousin or a niece. In this case, the family member of the EU- citizen has to be financially dependent on the EU- family member as well.
If your family member is Dutch, verification against EU- law applies in the following situations:
- Your Dutch family member has lived in another EU- member state or Switzerland for at least 3 consecutive months together with the family member. You both have resided here under EU- law;
- In addition to the Dutch nationality, your Dutch family member also has the nationality of another EU- member state or Switzerland and he/she has lived in this EU- member state or in Switzerland;
- Your Dutch family member previously had the nationality of an EU- member state or Switzerland. Your Dutch family member has resided in the Netherlands on the basis of EU- law and has thus made use of his/her right of free movement of persons. After this, your Dutch family member later became a Dutch citizen as a result of option;
- Your Dutch family member was born in the Netherlands and had the nationality of another EU member state or Switzerland. Later he/she became a Dutch citizen by option;
- Your Dutch family member came to the Netherlands and later became a Dutch citizen through naturalisation. He/she is also is still in possession of his/her original nationality. After the naturalisation of your Dutch family member, the country of his/her original nationality has become a member state of the EU.
The residence permit family member EU/EEA is valid for a period of 5 years.
After you have had a residence permit for a family member EU/EEA for 5 years, you will be eligible for permanent residence or naturalisation.
With an EU/EEA residence document you are free to enter the labour market in the Netherlands. In other words, you can work in the Netherlands without being required to have a TWV/ work permit.
The IND Fees for the application family member EU/EEA are €70,- For a family member who is younger than 18 years old, the IND fees are €38,-.
The IND has a legal term of 6 months to issue a decision on the family member EU/EEA application procedure.