Family reunification is subject to the condition that the family members who wish to be considered for a dependent asylum residence permit actually belong to the family of the referent. To this end, it is important that the sponsor has mentioned the family member during the hearings. The burden of proof of the family connection is placed entirely on the referent. The referent must prove that his or her family members belonged to his or her family prior to entry and that the actual family connection still exists. If possible, the sponsor will have to substantiate this with documents.

A separate provision has been included in the Family Reunification Directive with regard to the submission of documents in the case of a refugee. This provision (Article 11(2)) states that other means of proof must also be taken into account if official documentary evidence is absent. The application for asylum may only be rejected in the absence of official supporting documents if a refugee is not able to submit official supporting documents. kan overleggen.

Family connection with spouse or partner

In order to be eligible for a journey in connection with family reunification, the family relationship with the partner/spouse must have existed before the sponsor entered the Netherlands. In addition, both married and unmarried partners must be at least 18 years old.

In order to establish the actual family connection between partners or spouses, the INS will hold an identifying interviews if the partners/spouses do not have children (or with one or more foster children or adult children), there are no documents supporting the relationship and there is a lack of proof. The fact that cohabitation has actually taken place abroad is an important indication of a family connection. However, according to the policy of the INS, not having lived together is not an absolute ground for rejection. However, the referent should demonstrate that cohabitation was not an option.

If the referent has more than one spouse, only one (married) partner will be eligible for a journey in connection with family reunification. If this relationship is terminated after arrival, no other (married) partner will be considered for a dependent asylum status.

Family connection with an underage biological child

Parents and minor biological children always fall under the scope of Article 8 ECHR. In principle the biological bond between the parent(s) and the child is regarded as an actual family relationship. Only in very exceptional situations the actual family relationship between parents and their biological minor children vanishes.

The INS will determine whether circumstances have arisen after arrival, as a result of which it can be assumed that the actual family connection no longer exists. If there are, according to the policy of the INS, one or more of the following circumstances (contraindications) the INS can assume that the child no longer actually belongs to the family of the parent(s):

• the child lives independently and provides for himself/herself;
• the child is responsible for the care of an extramarital child. If the child is responsible for the care of a dependent family member, including (extramarital) children, this is only a reason to assume that the child no longer actually belongs to the family of the parent(s), if the above-mentioned circumstance also applies.

If the minor child has entered into a marriage or relationship and the aforementioned circumstances or other contraindications do not apply, the family connection still exists. niet The latter is remarkable, and may have to do with the fact that a marriage of a minor is no longer recognised in the Netherlands on the basis of the Law against Forced Marriage. The minor child is considered unmarried under Dutch law.

In order to determine whether there is a family relationship, the statements made by the referent in the Netherlands, together with the results of a DNA test, provide a sufficient indication.

Family connection with an adult biological child

In the case of adult children, the child must have actually belonged to the referent's family abroad and that actual family relationship should still exist.  If the adult child is a young adult, the INS assumes family life. According to the INS there does not have to be a more than usual dependency relationship. Adults between the ages of 18 and approximately 24 are classified as young adults.

If the child is 25 years old or even older, a more than usual dependency relationship (more than normal emotional ties) between the child and his or her parent(s) is required.

To determine whether the adult child actually belongs to the family, the moment of entry of the referent into the Netherlands will be leading and the INS will also explicitly include the family situation at the time of the departure of the referent from the country of origin (or country of permanent residence) in her assessment. The INS will assess whether circumstances have occurred after the referent's entry into the Netherlands as a result of which it can be assumed that the actual family tie no longer exists.

If there are one or more of the following circumstances (contraindications), it can in any case be assumed that the adult child no longer actually belongs to the family:

• the child lives independently and provides for himself/herself;
• the child is responsible for the care of an extramarital child. If the child is responsible for the care of a dependent family member, including (extramarital) children, this is only a reason to assume that the child no longer actually belongs to the family of the parent(s), if the above-mentioned circumstance also applies.

Family connection with a foster child

Because the family relationship between parents and non-biological children (adoption and foster children) cannot be established by DNA testing, it is up to the referent to prove that this child actually belonged to the referent's family in the country of origin. The referent must prove that the children actually belonged to the family in the country of origin. It is important to indicate as early as possible in the family reunification procedure that the children are not biological children, that the referent has nevertheless taken care of and brought up these children as his or her own children and to substantiate the application with all possible evidence and/or explanations. For example, statements from family members, acquaintances, friends, imams, guardianship statements, photographs, statements from school, work, et cetera, could be used as prove.

When assessing whether the foster child is actually part of the referent's family, the following criteria are taken into account:

• since when and why the foster child is part of the referent's family;
• the (financial) dependence on the referent of the foster child ; and
• the extent to which the biological parents of the foster child are capable of caring for the foster child and, if this is at issue, the extent to which they have remained involved in the upbringing of the foster child or the referent has been given custody of the foster child.

The absence of death certificates does not mean that there cannot be an actual family connection between the foster parent and the foster child. However, the INS does require a declaration of consent from the left-behind parent(s) if they exercise the parental authority. If there are documents showing that the referent has obtained guardianship or the parents still in charge of parental authority have died, the declaration of consent will no longer be required.