Can you get a residence permit when your child is Dutch?

Application under Chavez Vilchez

If you are the parent of a minor child with Dutch nationality and you can demonstrate that you perform care and parenting duties for your child and that there is a relationship of dependence between you and your child, you may be able to qualify for a residence permit.

Requirements

In particular, the following circumstances are considered:

• The age of the child (very young children are more likely to assume a
  dependency relationship);
• The physical and emotional development of the child;
• The extent of his affective relationship with the other parent with Dutch
  nationality as well as with the third-country parent; and
• The risk that would arise for the balance of the child if it were separated from
  the third-country parent.

Therefore it is important to demonstrate that there is a depency relationship between
you and your child. Sometimes the situation occurs that one parent hinders the
contact between you and your child, causing the depency relationship to not be that
strong. If you can show that the other parent is preventing you from contact with your
child, then there are still possibilities to obtain a residence permit. For example you
can prove that you have started a case in front of the family court judge to gain
custody over the child.

Can you request a residence permit when the child and the parent are living abroad?

If you, as a custodial parent, reside outside the EU and have a visa-required nationality, youcan apply for a so-called facilitating visa at the Dutch embassy on the basis of the Chavez Vilchez judgment, which you can use to enter the Netherlands to apply for an EU residence
document.

Can step-parents also apply for a residence permit on the grounds of stay with a minor
Dutch child?

Yes this is possible, in this case the dependency relationship between the child and the step- parent has to be proven aswell.

Can brothers/sisters of a minor Dutch child obtain a residence permit?

Yes, even if the brothers/sisters live abroad, there are possibilities to apply for a residence permit.

Can foreigners who are awaiting a procedure in the Netherlands apply for social assistance such as social welfare benefits?

This depends on the kind of procedure. Foreigners who are awaiting a procedure based on Union Law can apply for social welfare benefits and are entitled to child benefits and allowances from the government such as childcare allowance. Sometimes it is even possible to receive these allowances with retro-active effect.