Residence with your minor Dutch child (Chavez)

In order to live with a Dutch child under 18, as a caring parent, (half) brother or (half) sister, you need a residence document. Read what the conditions are and how you can apply for the document.

Requirements

  • You do not have the nationality of a European Union (EU) or EEA Member State  or Switzerland. Nor do you have lawful residence in any of these countries.
  • You have a valid passport or other travel document with which you can show your identity.
  • The Dutch child under 18 lives in the Netherlands and is registered in the Personal Records Database (in Dutch: Basisregistratie Personen or BRP). This is the population register of the municipality where your child lives.

Additional requirements for parent of a Dutch child under 18 

Are you the parent of a Dutch child under 18 (a minor)? Then the following requirements also apply:

  • You are the parent of a minor Dutch child (your child is under 18 years old). You may also be the step-parent, foster parent or NIDOS-appointed foster parent of the child.
  • You care for your child and are responsible for their upbringing. You may do so together with your child’s other parent. If you only help with your child’s care and upbringing now and then, this is not sufficient.
  • Your child is heavily dependent on you. This means that if you do not obtain a residence document, your child will have no choice but to leave the EU together with you.

Additional requirements for parent of a Dutch child under 18

Do you have another non-Dutch child under 18 (a minor)? And this is a (half)brother or (half)sister of your Dutch child under 18? Then the following requirements also apply:

  • The (half)brother or (half)sister is going to live with you and your Dutch child under 18 in the Netherlands.
  • The (half)brother or (half)sister is part of your family.
  • The (half)brother or (half)sister is your biological child. Or your child by law.
  • You have custody of the (half)brother or (half)sister.
  • Is there a parent of the (half)brother or (half)sister who is staying behind in the country of origin? And does that parent have custody? Then that parent needs to give permission for the departure of the (half)brother or (half)sister to the Netherlands. Sometimes permission is also required from the government of the country of origin. For example, if this is laid down by law in the country of origin. Or, if the parents or legal representatives have died or cannot be found.
  • You take care of the (half)brother or (half)sister and are responsible for their upbringing.
  • One of the following situations applies to you:
    • You have a residence permit EU as a caring parent of a Dutch child under 18.
    • You have a facilitation visa. With this visa, you may apply in the Netherlands as a caring parent of a Dutch child under 18.
    • You have another valid Dutch residence permit
  • The (half)brother or (half)sister strongly depends on you. This means that if the (half)brother or (half)sister does not get a residence document, you and your Dutch child under 18 have no choice but to leave the European Union (EU) together with the (half)brother or (half)sister.

If you want to submit an application on the basis of the Chavez Vilchez judgment or if you have other questions about the conditions of a Chavez Vilchez application, you can call us or send a whatsapp tekst message 06 43 83 78 73  or send us an email LK@matpanozeradvocatuur.nl