Conditions
It is possible to join your family member in the Netherlands when you are married or are in a registered partnership, when you wish to stay with your unmarried partner or as a minor child to stay with your parent(s).
You will need a provisional residence permit (mvv) and/or a residence permit. The provisional residence permit (mvv) is a special visa for stays of more than three months in the Netherlands.
Different conditions apply to persons with the nationality of an EU/EEA country or Switzerland and their family members.
Your spouse, (registered) partner or parent is your sponsor. A sponsor has to meet certain obligations for which he/she signs a sponsor’s declaration.
Conditions to migrate to the Netherlands to live with your spouse or registered partner.
Conditions to migrate to the Netherlands to live with your parent(s) if you are under 18.
There are also certain conditions that apply to everyone who wants to stay in the Netherlands for more than 3 months.
Procedures
| Where and how to apply | To travel to the Netherlands, you or your child need a provisional residence permit (mvv). The mvv is a sticker that the Dutch representation places in the passport. In some cases, no mvv is needed. You apply for the mvv and the residence permit at the same time. This can be done in two ways: your partner or you (being the parent) apply to the IND in the Netherlands. You or your child apply to the Dutch representation. The Dutch representation forwards the application to the IND. After the application is submitted, you will get a letter from the Dutch representation stating how the fees are to be paid. For the application form and information on how to apply and how to pay the fees, please contact the Dutch representation. The application for a child under 18 costs € 70,00 (in 2023). For a spouse or (registered) partner, the application costs € 210,00 (in 2023). More information about fees can be found here. |
| Documents required | To apply for the Entry and Residence Procedure (TEV) or the residence permit to live with a family member, your sponsor needs certain documents. |
| Duration of validity of permits | The residence permit to stay with a family member is issued for a maximum period of five years, or less if the duration of the residence permit of the family member is less than five years. |
| Further requirements | Upon arrival, you must:
|
| Appeals | If the Immigration and Naturalisation Service (IND) has rejected your application, this will be specified in an official letter (= Decision) from the IND. If you do not agree with the decision, you can register an objection to it, or authorise someone in the Netherlands to do so on your behalf. The official letter explains how to start the procedure for this. In some cases, the IND is not able to reach a decision in time. The IND may be in default. You can then send a written notice of default to the IND. If after having registered an objection, the IND has stated your objections to be unfounded, it is possible for you to then appeal against this decision to the Dutch court. |
| Further information | More on the admission as a family member in the Netherlands. |
Rights
| Extension of stay | If you wish to extend your stay, you must apply for this. The application for an extension of your residence permit can be submitted in writing. The IND will assess whether you meet the requirements for prolonging your stay. |
| Change of status | If, during your legal stay in the Netherlands, something changes in your personal situation or your purpose of stay, this could affect your current residence permit. It may be that, as a result of the change, you no longer meet the conditions under which you were granted permission to stay in the Netherlands. When you no longer meet these conditions, the IND may consider revoking your residence permit and you will have to leave the Netherlands. However, if you wish to stay in the Netherlands, you will then have to apply for a change of purpose of your stay. |
| Employment | On the residence document, you will find your employment status (arbeidsmarktaantekening). This status tells you whether and under which conditions you are allowed to work. Please, however, bear in mind restrictions on work for minors. |
| Permanent residence | If you have lawfully lived in the Netherlands for an uninterrupted period of five years and you have a valid residence permit for a non-temporary purpose of stay, you can apply for a permanent residence permit. Certain conditions will have to be met in order to be eligible for permanent residence. If someone has a residence permit for family member, it depends on the family member if your residence permit is issued for a temporary or non-temporary purpose. If your family member has a residence permit for a temporary purpose, your residence permit will also be issued for a temporary purpose. If your family member is a Dutch, EU/EEA- or Swiss national, or is in possession of a residence permit for a non-temporary purpose, your residence permit will also be issued for a non-temporary purpose. |
| Family reunification | As the holder of a residence permit for spouse or (registered) partner, it is possible to bring your minor child(ren) to the Netherlands. Certain conditions will have to be met in order to be allowed to bring your minor child(ren). |