Residence permit

 

If you do not need an MVV as a foreign national and wish to apply for a residence permit with a family member, then you can use this form.

 

Non-EU resident with Dutch child.

 

In some cases, you will not need an MVV, for example if you have and take care of a Dutch minor child as a non-EU citizen. This was first decided by the Court of the European Union of 10 May 2017 in the Chavez-Vilchez case.

 

However, you will be required to provide proof that you actually take care of your child and that the child actually depends on you.

 

If you already reside in the Netherlands, you can submit an application for verification against EU law.

 

It is advisable to seek the advice of a specialised lawyer or the Legal Aid Office (Juridisch Loket) before submitting such an application. A lawyer can help you collect the relevant proof and submit the application.

 

Residence permit rejected; what now?

 

If your application for a residence permit is rejected, you can file an objection with the IND. The objection period is usually four weeks. If the objection is declared to be unfounded, you can appeal to the court. In some cases, you will not be allowed to await the procedure for the objection or appeal in the Netherlands, and you will also need to request the court to make a preliminary injunction. If you request a preliminary injunction on time, you may, in principle, await the procedure for the objection or appeal in the Netherlands. In some cases, for example, if you require an MVV but have still applied for a residence permit while already in the Netherlands, you will need to request a preliminary injunction within 24 hours. It is therefore essential that you contact a specialised lawyer immediately.