The partner of an EU- citizen is eligible for a residence document family member EU/EEA if the partner is a non-Dutch EU- citizen who has made use of his free movement of persons and resides in the Netherlands.
Are you a partner of an EU citizen and has your EU- partner made use of his/her free movement of persons? Then the EU partner procedure is a promising procedure and your application will be verified against European law (verification against EU- law). You will receive a residence document family member EU/EEA.
The verification against EU- law also applies to a partner of a Dutch person who has made use of his free movement of persons.
Verification against EU- law has major advantages, compared to verification against national law. For example, the partner of the EU- citizen does not have to undergo the civil integration exam the partner of the EU- citizen is exempted from the MVV requirement based on the EU- law.
Given our experience at the IND, INLS is the ideal immigration consultant to manage your partner of an EU-citizen/ verification against EU- law application procedure.
Please refer to the FAQ list below for more information about the partner of an EU- citizen application/ verification against EU-law
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Frequently asked questions
The partner of the EU citizen does – depending on the nationality of the partner of the EU-citizen – indeed need a facilitating visa. If the partner of the EU-citizen has a visa free nationality, then applying for a facilitating visa is not needed. In that case the partner of the EU-citizen can travel to the Netherlands freely without a visa and await the partner of an EU-citizen 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.
Unlike married and registered partners of the EU- citizen, the unmarried partner of the EU- citizen must have lived with the EU- citizen for at least 6 months prior to submitting the application partner of a EU-citizen or the EU-citizen and his/her partner have a child together.
If your partner is Dutch, then verification against EU- law applies in the following situations:
- Your Dutch partner has lived in another EU- member state or Switzerland for at least 3 consecutive months together with you as a partner. You both have resided here under EU- law;
- In addition to the Dutch nationality, your Dutch partner 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 partner previously had the nationality of an EU member state or Switzerland. Your Dutch partner has resided in the Netherlands on the basis of EU law and has thus made use of his/her right to free movement of persons. After this, your Dutch partner later became a Dutch citizen as a result of option;
- Your Dutch partner 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 partner came to the Netherlands and later became a Dutch citizen through naturalisation. He/she is also still in possession of his/her original nationality. After the naturalisation of your Dutch partner, 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 family member EU/EEA for 5 years, you will be eligible for permanent residence or naturalisation.
With an EU/EEA residence permit, 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.
The IND Fees for the application partner of an EU-citizen application/ assessment against EU law are €64.
The IND has a legal term of 6 months to issue a decision on the partner of EU-citizen application procedure/ verification against EU-law application procedure.