EU Nationals

Based on EU Directive 2004/38, citizens of the European Union have a so-called free period of six months. This means that someone who holds the nationality of one of the EU member states does not need to demonstrate a purpose of stay during the first six months of their residence in the Netherlands. After this free period, EU citizens must be able to prove that they reside here as an employee, student, service provider, entrepreneur, or family member of a person lawfully residing in the Netherlands. Ergo, they must demonstrate a purpose of residence.

An EU national only needs to register with the Immigration Service (IND) if they wish to apply for family members who do not themselves hold EU nationality, the so-called third-country nationals.

 

 

In principle, all core family members (partner, spouse, minor children) and dependent relatives of an EU citizen have derived residence rights. This results from what is known as the free movement of persons (EU Directive 2004/38). Family members of EU nationals enjoy more lenient admission requirements than the family members of Dutch citizens and non-EU nationals (third-country nationals). For example, the income requirement is less stringent, and no integration exam is required—furthermore, a family member is claiming residence. Based on Directive 2004/38, they may apply directly here in the Netherlands and await the outcome legally, whereas most nationals must return to their origin or residence.

However, this does not mean that an application for residence for family members cannot have its challenges. Demonstrating family ties, income, or dependency can regularly pose problems. Often, the question arises whether a relationship can be considered sustainable. After six months of cohabitation of unmarried partners and for registered and married partners, the sustainability of the relationship is generally assumed. Nonetheless, the IND also wants proof that there is a genuine (and not a sham) relationship.

 

 

Unlike domestic law, Directive 2004/38 also allows members of the extended family with rheumatoid arthritis to obtain residency as EU nationals. The first category that comes to mind is elderly parents. We have also seen clients bring over adult siblings on this basis.

The primary requirement for admission of extended family members is that the relative has been financially dependent on the EU national for at least one year before the application. The additional condition for adult siblings is that they are unmarried or have not started their own families.