Residence with your minor Dutch child (Chavez)

The EU court stated in the Chavez-Vilchez decision that a non-EU parent of a child who is a citizen of a Member State (the Netherlands) should be given a residence permit to stay if not doing so would mean the child has to leave the EU with the parent. Originating from this decision you may have the right to stay with your  Dutch child under 18 (a minor) in the Netherlands if you meet the following requirements 

-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.

If you are a a parent living outside the EU and come from a country that requires a visa, you have the option to request a facilitating visa at the Dutch embassy following the Chavez-Vilchez ruling. This visa will permit you to travel to the Netherlands to apply for a residence permit in the EU.

Feel free to contact to us if you need further information and if you would like us to apply for this permit on your behalf.