Residence with your minor Dutch child (Chavez)

Last update: 3 October 2024

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

These requirements apply to you:

  • You are not a danger to public order and safety.
  • 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 already lives in the Netherlands or is going to live with you in the Netherlands.

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. Read more about parental responsibility on Rijksoverheid.nl.
  • 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.
 

Process and costs

The process for the application for the residence document consists of these steps:

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Application forms

Download the correct written application form.

Written application forms

Application for a first residence document or a new residence document for the (half) brother or (half) sister:

The residence document

What else you need to know about your residence document:

Working with your residence document

You are free to work in the Netherlands. Your employer does not need a work permit (in Dutch: tewerkstellingsvergunning or TWV). On the back of your residence it says in Dutch Arbeid vrij toegestaan, TWV niet vereist (Free to work. Work permit not required).

Validity residence document

The period of validity of the residence document is usually 5 years. Your residence document will expire sooner in the following situations:

  • You are the parent of a minor Dutch child: your residence document expires on the day your Dutch child turns 18
  • You are the (half) brother/(half) sister of a minor Dutch child: your residence document expires on the day that the Dutch child or you yourself turn 18.

Type of residence document

The residence document is type Family members EU/EEA, residence document for family members of Community nationals.

Other applications

Replace residence document

Has your residence document been damaged, lost or stolen? Then have the residence permit replaced. Go to the page residence permit damaged or change details or residence permit lost or stolen.

Renew residence document

Will your residence document expire soon? Then you can renew the residence document. Please use the form for the parent or for the (half) brother or (half) sister:

You have to pay for the application. Find out what amount you have to pay on the web page Fees: application costs (under 'Costs residence permit: Family').  After you have submitted the application, you will receive a letter explaining how you can pay

De aanvraag kost geld. Kijk voor het bedrag dat u moet betalen op de pagina Leges: kosten van een aanvraag.Dan krijgt u een brief waarin staat hoe u kunt betalen.

Permanent residence permit

Have you had a residence document as a family member of a minor Dutch child for at least 5 years? Then you may be able to apply for a permanent residence permit. Does your decision regarding your Chavez permit state that you have temporary residence? You are still able to apply for the permanent residence permit. The IND knows that your stay is non-temporary according to EU rules.

End of residency when the minor Dutch child turns 18

Has the Dutch child or the (half)brother or (half)sister of the Dutch child turned 18? Then the right of residence of you or the (half) brother / (half) sister ends automatically. Do you want to stay in the Netherlands after the right of residence has expired? Then check if you meet the requirements for a different residence permit.