Table of contents
Staying with a Dutch child (Chavez)
Obtaining a residence document as the caring parent, (half)brother or (half)sister of a minor Dutch child is a process that requires careful preparation and understanding of the conditions. At LM Immigration Services, we understand the emotional and practical challenges involved. We are ready to guide you through each stage of the application process so that you can be with your child with peace of mind. This text provides detailed information on applying for a residence document based on the Chavez ruling.
What is a Chavez residence document?
A residence document as a custodial parent of a minor Dutch child is based on a ruling of the European Court of Justice (case C-133/15), also known as the Chavez-Vilchez ruling or simply Chavez ruling.
The Chavez ruling is a crucial legal decision by the European Court of Justice. This ruling confirms that a third-country parent caring for a minor Dutch child has the right to stay in the Netherlands. This is important because the child must be dependent on the parent; if the parent is not granted a residence document, the child would have to leave the country. This emphasises the need for a careful application procedure.
Requirements for a Chavez residence document
General terms and conditions
- No danger to public order or national security: You must not have a criminal record or involvement in criminal activities.
- Nationality: You do not have the nationality of an EU/EEA Member State or Switzerland and no lawful residence in these countries.
- Valid passport: You must have a valid passport or other recognised travel document.
- Living together: The minor Dutch child must already live in the Netherlands or go to live with you in the Netherlands.
Specific conditions for parents
- Parenting: You are the child's biological parent, stepparent, foster parent or care parent.
- Care and parenting: You must care for your child and be responsible for its upbringing. Occasional help with care is not enough.
- Dependency: The child must be highly dependent on you. This means that if you do not get a residence document, your child must leave the EU with you.
Specific conditions for (half)siblings
- Family reunification: The (half)brother or (half)sister must live with you with the underage Dutch child in the Netherlands.
- Biological kinship: The (half)brother or (half)sister must be your biological child or count as your child according to the law.
- Parental consent: If there is another custodial parent staying behind, they must give their consent for the departure of the (half)brother or (half)sister.
- Dependency: The (half)brother or (half)sister must be highly dependent on you so that you and the minor Dutch child would have to leave the EU if the (half)brother or (half)sister is not granted a residence document.
Required documents for the application
Via this page On the website of the Immigration and Naturalisation Service, you can get an overview of the required documents. When accompanied by LM Immigration Services in your application process, we will provide a complete checklist of all the documents you need to provide, tailored to your personal situation.
Procedure and costs
Steps in the application process
- Check conditions: Verify that you meet all conditions.
- Collecting documents: Collect all necessary documents, including legalised and translated foreign documents.
- Travelling to the Netherlands: If you are not yet in the Netherlands, in most cases you will need to apply for an enabling visa first. LM Immigration Services can help you with this, see our page Short stay For help with the facilitation visa application.
- Submit application: Download the application form, fill it in and send it by post.
- Pay costs: You will receive a letter with payment instructions. You can find the current application fees at the IND's fees page recover.
- Awaiting decision: You may wait for the decision in the Netherlands. You will receive a letter indicating whether you are allowed to work during the application process.
- Decision: You will receive a letter with the decision. In case of a positive decision, you will receive a residence document. In case of a negative decision, you will have the opportunity to lodge an objection.
- Collecting a residence document: You will be notified when your residence document is ready at the IND desk.
The residence document
Working with the residence document
The residence document entitles you to work freely in the Netherlands. Your employer does not need a work permit (TWV). You may also work without a TWV during the application procedure.
Validity of the residence document
The period of validity of the residence document is usually five years. For parents, the document basically expires when the child turns 18. For (half)brothers and (half)sisters, the document ends when they or the Dutch child turns 18. There are exceptions to this main rule, please contact us to discuss the possibilities.
Follow-up applications
- Replace residence document: If lost or damaged, you can request a new document.
- Renewal of residence document: For renewal, apply for the parent or (half)sibling.
- Permanent residence permit: After five years, you can apply for an indefinite residence permit, even if your Chavez permit was originally for a temporary purpose.
- Naturalisation: After five years, you can obtain Dutch nationality by naturalising. You must then meet the conditions for naturalisation, including obtaining the integration diploma. Sometimes you can apply for naturalisation as early as after three years, contact us to discuss the possibilities.
Legal assistance with the application
Applying for a residence document with a minor Dutch child can be complex and challenging. At LM Immigration Services, we make this process simple and accessible. Our expert staff are ready to guide and advise you throughout the application process. Contact us for a personal consultation. Our support significantly increases the chances of a successful application.
At LM Immigration Services, we aim to provide you with the best guidance in the process of obtaining a residence permit with your minor Dutch child. We invite you to visit our website for more information or contact us directly for a consultation. Together, we will ensure that you take the right steps for a successful residence application.